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37 Cards in this Set

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involuntary alienation
individual relenquiches title to real property against their will
voluntary alienation
valid deed delivered by the grantor to the grantee while both are alive.
deed/conveyance
document used to convey title legally to real property.
Essential elements of a valid deed:
in writing, mentally competent grantor, 18 yo., competent or incompeternt grantee, grantor named with certainty, grantee alive, adresses, description of property, consideration, words of conveyence, execution, acknowledgement, delivery and acceptance
grantor
person conveying the title
grantee
the person receiving the title
consideration
something of value
words of conveyence
grantors intention to transfer title to grantee.
"has given, granted, bargained, sold.." OR "grants and releases"
habendum clause
describes the estate granted and always must agree with the granting clause.
"to have and to hold"
execution
signed by grantors only...grantee signs if assuming a mortgage
acknowledgement
Grantor appears before public officer...signing the deed was a voluntary act.
delivery and acceptance
grantor delivers and grantee accepts
Forms of deeds:
Full covenant and warranty deed, bargain and sale deed, quitclaim deed, judicial deed
Covenents
of seisin (has title), of right to convey (legal/has title), against encumbrances (no others), quiet enjoyment (no defect in title), further assurances (correct defect), of warranty** (grantor will defend the title against claims)
Bargain and sale deed
Implied representation on thepart of the grantor that she has a substantial title and possession of the property. May or may not have warranty!!
quitclaim deed
no warranties! releases/conveys to the grantee interest.mostly used to remove a cloud
referee's deed
court ordered judicial deed
Property descriptions are:
metes and bounds, reference/lot and block/plat, or monument
metes and bounds (land surveyor)
metes-distance from A to B
Bounds- direction from A to B
reference to a plat
refers to a map and lot number as part of recorded subdivision
Methods of transfering title are _______descent or ________descent, ______by deed, or _________posession.
Intestate , testate, dedication, adverse
Intestate descent (if no will)
spouse, kids, parents, siblings...
testate descent (has will)
executor/executrix carries out wishes
probate
judicial determination of validity of will
Gifts:
devise--->
bequest-->
devisee (real prop)
beneficiary/legatee (pers. prop)
Formal/witnessed will
signed by testator with 2 witnesses
holographic will
written in handwritting of the peron whose signature it bears. no witness neededd.
oral/nuncupative will
only valid for armed forces during war or at sea..peronal prop.
codicil
supplement or addendum to will to add/change some bequest
dedication
land or easement to land is given for use by public. statutiry or common law (can be express/implied)
dedication by deed
quitclaim deed giving a parcel of land to a municipality.
public grant
grant of power, license, or real property to a private individual(s). conveyed with a land patent
adverse possession
possession without permission for 10 continuous years and reasonable legal basis
accretion
land built up pver water by sand, silt or gravel
avulsion
land loss by sudden change in watercourse (doesn't change boundary line)
reliction
increase in land by water receeding
right of accession
owner keeps all land produces and has