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40 Cards in this Set
- Front
- Back
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Title |
Right and evidence of ownership |
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Accession |
Acquisition of title to new land |
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Accretion |
Gradual buildup of land |
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Reliction |
Increase in land area that occurs when water recedes |
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Avulsion |
Sudden change in land mass due to natural disaster |
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Laws of descent/distribution/succession |
When someone dies intestate these laws determine distribution of property to hiers |
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Probate Court |
Decides who the rightful hiers are |
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Tacking |
One person adding time to that of a previous occupant for the purpose of adverse possession requirements |
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Quiet Title Action |
Used in adverse possession cases to acquire legal title or used to remove a cloud on a title |
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Patent |
Used to convey land from government to a private individual |
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Public grant |
Used to convey property from government to private parties or groups of people |
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Testator |
Person who makes a will |
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Devise |
Real property |
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Devisee |
Heir receiving device |
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Legacy/bequest |
Personal property |
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Legatee |
Recipient of legacy |
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Executor |
Person named to carry out the will |
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Attestation |
Testator signs will voluntarily in the presence of 2 or more witnesses |
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Holographic will |
Handwritten will not recognized in GA |
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Nuncupative will |
Made orally in expectation of impending death. Must be put in writing by those who witnessed and is only effective for disposition of personal property |
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Executors deed |
Used to convey real property via a will |
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Granting clause |
Expresses grantors intent for conveying title |
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Doctrine of relation back |
Conveyance is effective as of date the deed was deposited with a person empowered to accept on behalf of the grantee |
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Covenant of Seisin |
Grantor owns the property and has a right to convey it |
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Covenant Against Encumbrances |
Promise that there are no encumbrances except those specifically mentioned in deed |
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Covenant of Quiet Enjoyment |
Promises that the grantee will not suffer interference from others having superior claim to the title |
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Covenant of Warranty Forever |
Obligated the grantor to compensate grantee for any loss suffered defending the title against anyone asserting a rightful claim from anytime in the past |
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Covenant of Further or Future Assurances |
Obligates grantor to produce any documents that might be needed to perfect the title |
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Acknowledgement |
Formal declaration by grantor in presence of an authorized official that the deed is being signed voluntarily |
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General Warranty Deed |
All 5 covenants apply |
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Special Warranty Deed |
4 covenants, warranty forever not included. Only protects against defects arising while the grantor owned the property |
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Grant Deed |
2 covenants, seisen and against encumbrances |
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Bargain and Sale Deed |
No covenants/title defect protection |
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Quitclaim deed |
Conveys any interest in property that grantor may have had, no covenants |
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Trust deed |
Used in some states in place of mortgage lien |
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Deed of Reconveyance |
Returns title to borrower when loan is satisfied |
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Constructive Notice |
If the purchaser could have known that a deed/encumbrance existed they should have |
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Actual Notice |
Knowledge acquired from what is seen, heard, read or observed |
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Chain of Title |
Continuous link of ownership from original grant to present owner. 50 years required in GA for complete title search |
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Abstract of Title |
Condensed history of title including chain, statement of all liens, judgements, etc. |
