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51 Cards in this Set

  • Front
  • Back

Transferring real property from one person to another

Alienation

A way of referring to ownership, not an actual printed document

Title

The printed document that conveys ownership

Deed

The transfer of real property through a will

Devise

The conveyance of real property to someone for a certain period of time) such as a lease)

Demise

Individual making a will

Testator

Transfer of personal property by a will

Bequeath

A will that is written, dated and signed in the testators handwritting but not witnessed

Holographic will

A supplement to a will that does not revoke the original

Codicil

An oral will and usually done when a person is near death

Nuncupative will

Using a property without the consent of the owner

Adverse possession

Statutory time period for adverse possession

10 years

The adverse possessor can make a claim for

Ownership

In a easement by prescription the only claim can be for

Use

If a person dies without a will or heirs the property is dispersed according to

Laws of descent

A contract is not valid unless you have a

Legal description

Title passes upon

Delivery and acceptance of the deed

Occurs when the transaction is recorded

Closing

The only signature required on the deed

The grantor

Who acknowledges a deed

A notary

What does the tee acknowledgement mean

Signers are properly identified


Signing without duress

What are two exceptions to contracts being in writing

Broker to broker agreements


Leases less than one year

When must a deed be signed by the grantee

When taking title as WROS

What are the two types of consideration

Valuable-money, gold, silver


Good-love and affection

When does the title pass

Upon delivery and acceptance of the deed

Mechanics liens must be filed in what time frame

Within 120 days of competition of the job and revert back to when the first person was on the job

Document that accompanies the deed to the recorders office

Affidavit of property value

What does the Chain of Title list

Previous owners, not liens and encumbrances

What doc, not used in AZ, lists the previous owners and liens and encumbrances

Cert of title

The act of recording gives what kind of notice

Constructive or legal notice

The succession of property owners is called

Chain of title

The best evidence of marketable title is

Title insurance policy

If the chain of title is broken it is called

Gap in chain

The best deed for a grantee to have

General warranty deed

What type of deed is given at a mortgage foreclosure sale

Sheriffs deed/bargain and sale deed

What type of deed offers no protection

Quitclaim deed

What type of deed must a spouse sign if the other spouse wants to buy property as sole and separate

Disclaimer deed

What type of deed offers only implied warranties

Bargain and sale

What type of deed imposes the most liability on the grantor

General warranty deed

Providing that the person who signs a deed signed it voluntarily and is in fact who he says he is

Acknowledgement

Receiving something of value in exchange for real property

Valuable consideration

The act of transferring ownership from one person to another

Alienation

The proper recording of a document gives

Constructive notice

A gift of land to the public

Dedication

What are four methods of transferring title

Voluntary, involuntary, will and descent

What are 2 ways to give notice of ownership of land

Recording the docs in a public record


Visibly occupying the land

What type of deed would you receive at a tax foreclosure sale

Treasurers deed

The typical wording in a habendem clause would be

To have and to hold

The law that requires the deed to be in writing is called the

Statute of frauds

The guarantee of the grantors ownership is called

Covenant of seisin

What type of notice is provided by the recording of a deed in the public record

Constructive notice/ legal notice