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52 Cards in this Set
- Front
- Back
escheat
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a reversion of property to the state when a person dies with no will or heirs
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riparian
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rights of a landowner bordering a natural watercourse such as a lake, river, or stream
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littoral
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rights of a landowner on bank or shore of a sea, ocean, or large lake.
rights extend to mean highwater mark. |
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severance
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act of removing something from the land
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tenemants
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property rights of a permanent nature
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disposition
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the right to sell, will, give away, dedicate or in any way dispose of the property
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accretion
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gradual build up of soil by water
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adverse possession
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acquiring title to property through prolonged and unauthorized occupation
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acre
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43,650 square feet
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alienation
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transfer of ownership of real esate from one person to another
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alluvion
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increase in land by soil deposited by water
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attorney-in-fact
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one authorized to act in another's behalf
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accession
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acquiring ownership of fixtures left by the tenant
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annexation
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affixed; permanently attached to real esatte
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appurtenance
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a right or privilege included with ownership of land; such as an easement
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emblements
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annual plantings requiring cultivation
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hereditaments
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real or personal property which passes at death
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condemnation
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the legal action in eminent domain procedure
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incorporeal
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intangible (personal property)
vs. corporeal (tangible) property |
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police power
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the right of government to enforce laws for the protection of its citizens
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avulsion
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the sudden removal of land by action of water
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bargain and sale deed
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a deed of title with no warranties.
It does imply that the grantor has possesion of or a claim or interest in the property conveyed. Used by trustees, fiduciaries, executors, and court officers. |
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base lines
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latitude line used in government survey land descriptions
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base lines
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latitude line used in government survey land descriptions
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certificate of title
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evidence of ownership issued by the land court to registered owner
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cloud on title
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an apparent defect in title
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color of title
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something having the appearance of ownership, but may or may not be true title
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covenant
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a written agreement or promise in a contract
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dedication
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the voluntary conveyance of private land to the public
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deed
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a written insturment that when properly executed and delivered conveys title to land
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devise
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a gift of real estate by will
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durable power of attorney
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a power of attorney that continues after the principal's death
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general warranty deed
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provides best guarantee of title
contains all five warranty covenants: 1)covenant of seizin 2)covenant against encumbrances 3)covenant of quite enjoyment 4)covenant of warranty of tile 5)covenant of further assistance |
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covenant of seizin
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the grantor guarantees that he or she is owner of the property and has a right to sell it and convey title
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covenant against encumbrances
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the grantor warrants that there are no defects in or claims against the title other than those agreed to by the grantee and specifically set forth in the deed.
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covenant of quiet enjoyment
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the grantor warrants that title is conveyed free of interference from the acts and claims of third persons.
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covenant of warranty of title
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the grantor promises to pay for the cost of defending the grantee's title in actions by persons asserting rightful claims to the property
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covenant of further assurance
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the grantor warrants that he or she will perform any act necessary to perfect the title for the grantee.
for example, the grantor would be requireed to execute and deliver a new deed in order to correct an error in a preceding one. |
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grantee
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the person named in the a deed who acquires ownership
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grantor
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the person conveying title
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habendum clause
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the "have and to hold" clause in a deed
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indefeasible title
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title which is guaranteed by the court under the torrens system or registered land system
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intestate distribution
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distributions of an intestate's property to heirs according to law of descent
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legacy
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personal property received under a will
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administrator
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a person appointed by the probate court to settle an estate when there is no will
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Special Warranty or Limited Warranty Deed
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A special warranty deed is similar to a general warranty ded, except that the grantor's liability to defend the title is limited to claims originating through the grantor and not to those which occurred prior to the grantor's tenure of ownership. (The grantor would not be responsible for a lien which was recorded prior to the grantor's taking title.)
This is called a Quitclaim deed in Massachusetts. |
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Quitclaim Deed
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In Massachusetts, same as a special warranty deed, i.e. guarantor only responsible for liens during his tenure of ownership.
Generally, a transfer of the grantor's rights to real estate with no warranties or covenants of title |
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Bargain and Sale Deed with Covenant
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The covenant changes the bargain and sale deed into a Special Warranty deed with the grantor warranting only that he or she has done nothing to encumber the property during his or her term of ownership.
In some states, this is referred to as a "grant deed". |
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metes and bounds
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a method of land description by the use of boundaries with reference to distance and compass bearings
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partition
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to divide jointly held property into distinct portions so that each co-owner may hold his/her porportionate share in severalty
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seizin
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possesion of land by one who claims title, either rightfully or wrongfully
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patent
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public grant that transfers title to land from government to a private person.
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