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