Transfer Of Title

Front 1

Deed

Back 1

A document by which an owner of real estate conveys the right, title, or interest owned to someone else

Front 2

Voluntary alienation

Back 2

The legal term for the transfer of title during the property owner's lifetime

Front 3

Granting clause

Back 3

Words of conveyance that states the grantor's intention to convey the property

Front 4

Habendum clause

Back 4

The part of the beginning with the words "to have and to hold", following the granting clause and defining the extent of ownership the grantor is conveying

Front 5

Acknowledgment

Back 5

A formal declaration under oath that the person who signs a written document does so voluntarily and that the signature is genuine

Front 6

General warranty deed

Back 6

Provides the greatest protection to the buyer because the grantor is legally bound by certain convents or warranties

Front 7

Covenant of seisin

Back 7

The grantor warrants the he/she owns the property and has the right to convey title to it. Grantor may recover damages up to full price if this covenant is broken

Front 8

Covenant against encumbrances

Back 8

The grantor warrants that the property is free from liens or encumbrances, except for any specifically stated in the deed

Front 9

Covenant of further assurances

Back 9

Grantor promised to obtain and deliver any instrument needed to make the title good

Front 10

Covenant of quiet enjoyment

Back 10

Grantor guarantees that the grantee's title will be good against any third party who might bring court action to establish superior title to the property

Front 11

Covenant of warranty forever

Back 11

Grantor promises to compensate the grantee for the loss sustained if the title fails at any time in the future

Front 12

Special warranty deed

Back 12

Warranty that grantor received title and the property was not encumbered during the time the grantor held title

Front 13

Bargain and sale deed

Back 13

Implies that the grantor holds title and possession

Front 14

Quitclaim deed

Back 14

Provides the grantee with the least protection. Generally conveys only whatever interest the grantor may have when deed is delivered

Front 15

Deed of trust

Back 15

A trustee conveys real estate to a trustee for the benefit of a beneficiary.

Front 16

Reconveyance deed

Back 16

Used by a trustee to return title to the trustor

Front 17

Trustee's Deed

Back 17

A deed executedby a trustee. used when a trustee conveys real estate held in the trust to anyone other than the trustor.

Front 18

involuntary Alienation

Back 18

Title to property may be transferred without the owner's consent.

Front 19

Adverse possession

Back 19

The actual, open, notorious, hostile, and continuous possession of another's land under a claim title

Front 20

will

Back 20

made by a property owner to convey title to real and personal property after the owner's death

Front 21

Devise

Back 21

The gift of real property by will

Front 22

Probate

Back 22

the formal judicial process for verifying the validity of a will and accounting for the decedent's assets