Legal Descriptions, Methods Of Aquiring Title, & Deeds

Front 1

3 Major Types of Land
Descriptions

Back 1

1) Lots, Blocks, & Tracts
2) Metes & Bounds
3) U.S. Government Survey
System

Front 2

Lot, Block, & Tract System

Back 2

• dividing large parcels of land into smaller parcels aka: subdividing.
• by law all new subdivisions must b mapped or platted & recorded.
• legal description r made:
ex- All Lot 4 in Block A of Tract
# 2025 in City of --

Hint 2

Front 3

Metes & Bounds System

Back 3

• property that is not covered by subdivision map or when property is so irregular in shape that it can't b described under section and township system.
• metes- measurement in length
• bounds- boundaries (natural & artificial)
• 3 important pts
- start @ given point
- follow from 1 pt to another
- return to pt of beginning to enclose boundary lines.
• ex: begin s line harbor, 200ft w of sw corner of harbor & 8th etc.

Hint 3

Front 4

U.S. Government Section

Back 4

• establishes monuments as points of beginning.
• intersected by 2 imaginary lines: 1 running east & west called base line. Another running north & south= meridian line

Hint 4

Front 5

Township System

Back 5

• Range lines= up & down to the meridian 6 miles intervals
• Township lines= side to side to the base line 6 miles intervals
• Each township has 36 sq miles
Ex: township 2 n, range 3 e, (T2N, R3E, SBBL & M(
• Ea township is # 1-36 & ea section is 1 mile sq. is also 640 acres.
• can b divided into smaller parcels:
1/4 of section =160 acres
1/4 of a 1/4 section= 40 acres
1/4 of a 1/4 of a 1/4 section =10

Hint 5

Front 6

Measurements to Divide Townships/ Land

Back 6

• 1 township section = 640 acres
- 1 mile= 5,280 ft or 320 rods
- 1 rod= 16.5 ft
- 1 acre= 43,560 sq ft
- 1 sq acre= 208.71 ft
- commercial acre= standard acre < land needed for st., sidewalks, & curbs

Front 7

5 Legal Ways of Acquiring Property

Back 7

1) will
2) succession
3) accession
4) occupancy
5) transfer

Front 8

1)Types of Wills

Back 8

1) Witness will - typewritten w/2 witnesses. 3 sign will. Attorney
2) Holographic will - hand written, signed, dated, w/no witnesses.
3) Statutory will- preprinted form approved by state, 2 witnesses.

Front 9

Special Terms

Back 9

Front 10

Probate

Back 10

• purpose of probate= identify creditors & pay them off of deceased.
• once creditors r paid off the heirs get remaining prop. if any, all prop temporary possessed
• estate can b sold during probate period (probate sale)

Hint 10

Front 11

Independent Administration of Estate
Act

Back 11

• under this act all of the guidelines set by the court r avoided.
• executor/administrator can sell directly to specific buyer as a regular estate sale.

Front 12

2) Succession

Back 12

• leaves no will / handing down of prop to another person.
• law dictates who gets the prop under the Law of Intestate Succession.
• 2 categories: separate & community property

Front 13

Succession (Intestate Categories)

Back 13

• when a person dies intestate
Prop of the deceased is divided into 2 categories:
- separate prop:
1 spouse, 1 kid= 50/50
1 spouse, 2kids = 1/3 & 2/3
No spouse/kids= next of kin
- community prop:
All goes to surviving spouse, nothing to kids.

Front 14

3) Accession

Back 14

A way to add prop to existing real estate = accession
1) Accretion- along waterways
-soil deposit= alluvion (deposits)
-reflection= water recedes & new prop is exposed
2) Avulsion- in storm, water tears away prop & adds to another prop (cultivate on other)
3) Fixtures- tenants attaches fixture w/out permission and then become landowners prop
4) Improvement Made in Error- attached to another land to improve prop. & didn't realize it wasn't there land

Front 15

4) Occupancy

Back 15

Can b gained through: Abandonment & Adverse poss.
• Abandonment
-tenant leaves early
-rules regarding landlords rights
re-renting apply
• Adverse Possession- process to use/take someone else's prop
- 1) u must use the land w/out hiding, everyone must see
-2) hostile meaning w/out permission & no pymts
-3) claim of right or color of title
Claim of any prop or someone rents a prop to someone and has proof of fake lease (paper) not knowing it belonged to someone else.
-4) possessed for 5yrs continuously & uninterrupted
-5) paying taxes for 5yrs even if it's not ur prop.

Front 16

5) Transfer

Back 16

Most common way to get prop is by transfer. 5 basic ways:
1) Private Grant:
-owner voluntarily covey
-ownership to another in a transaction is a Deed
2) Public Grant:
-when the govt gives u a piece of land so u can make improvement to the land (homes,etc) they give u a patent (document) stating its ur land and ur gonna cont. making impr
3) Gift:
-voluntary transfer of ur prop to a private person or organization w/out receiving compensation
4) Public Dedication:
- prop is given to public body for streets, parks, bridges,etc and only valid if public accepts
5) Court Action:
(involuntary transfer) >

Front 17

Transfer
(Cont. #5 Court Action)

Back 17

Court Action: involuntary
- Most common
• Partition Action:
-co-owner of prop sues other co-owner for severance of their interest
• Foreclosure Action:
-is when a person holding a delinquent lien on a prop (bank) proceeds to a forced sale.
-In Cal. Delinquent real estate loan r forced using a process called trustee's sale.
•Bankruptcy:
- can't meet credit obligations
•Escheat:
- legal process when there's no heirs of prop the prop goes back to the state
- probate courts do all in there power to locate possible heirs
•Eminent Domain:
- when the govt can take possession of private land for public use. Must compensate fair value of property.

Front 18

Deed

Back 18

Written doc. (when properly executed,delivered, & accepted) the title to prop is transferred from one person (grantor) to another (grantee)

Front 19

Deed

Back 19

Written doc. (when properly executed,delivered, & accepted) the title to prop is transferred from one person (grantor) to another (grantee)

Front 20

For a Deed to be Valid

Back 20

1) in writing
2) w/the parties correctly described & identified
3) w/a competent grantor and capable grantee - (no minors, incompetent, no convicts)
4) w/a clear description of prop
5) granting clause -(I hereby grant, I hereby convey, etc)
6) bearing the signature of the grantor

Front 21

Delivery of Deed is Required

Back 21

A deed is not effective unless it is delivered & accepted by the grantee
1) Evidence of Delivery:
- best way is to hand deed to grantee
- manual delivery is not necessarily required & must record the deed
2) Time of Delivery:
- the deed must b delivered in the lifetime of the grantor not upon the grantor death.
3) Date of Delivery:
- if no date is on the deed, the date of delivery will b the date
4) Conditional Delivery:
- must be absolute
- can't be delivered to grantee with any conditions

Front 22

Deed
(Acknowledgement and Nonessentials)

Back 22

-A deed is a real estate document that does not need to be recorded.
- if a grantee chooses to record the deed it must 1st b acknowledged by notary
- the following does NOT need to done:
1) acknowledgement
2) a date
3) recording # issue

Front 23

Grant Deed

Back 23

- most commonly used for transferring title of real prop
- carry 2 IMPLIED WARRANTIES
1) that the grantor has not promised another the title
2) free from encumbrance made by grantor or others claiming to b grantor that can b disclosed from grantee
* Potential buyers should always insist that a policy of title insurance should be shown as a purchase condition
* After Acquire Title - after the grantor deeds property to grantee and grantor finds interest in prop it goes to grantee

Front 24

Quitclaim Deed

Back 24

- gives the grantee the least protection of any deed
- carries NO Implied Warranties and NO After Aquired Title provisions
" whatever interest I have in the prop is urs; it may b something or nothing"
* It's usually used to remove certain items from public record , such as easements or record restrictions.

Front 25

Sheriffs Deed

Back 25

- court that orders a property to be sold after a lawsuit & rendering of the money against owner.

Front 26

Warranty Deed
Trust Deed

Back 26

•Warranty deed
- the grantor is legally responsible to the grantee for conditions of the title
-seller sign grant deeds not warranty deeds
•Trust Deed (Deed of Trust)
- "barely legal title" (no right of use or possession) to a 3rd party called Trustee.
- it's held by trustee merely used as a security for the loan (lein) until loan is paid off.

Front 27

Deed of Reconveyance
Trustee's Deed

Back 27

- the trustee gives title back to trustor.
- gives title to successful bidder at a trustees sale (foreclosure) No Warrantes

Front 28

Recording System
Deed

Back 28

- to record a deed there's actions that need to b meet.
- general rule "the 1st to record is the 1st tin right"
•A deeds to B, who doesn't record, then A deeds to C who does record, C would probably get the prop since recorded 1st.
• exception is if u possess the property first ur 1st in right.