Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
90 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
What is Title
|
Title is the right of ownership and also the evidence of that right. It encompasses all of the elements necessary for the proof of that ownership.
|
|
|
|
What is meant by chain of title?
|
chain of title is the public records that show how a parcel of land decended from one person to another as a result of recorded deeds and documents.
|
|
|
|
what is alienation
|
alienation is transfer of title
|
|
|
|
What are the involuntary methods of transferring title?
|
Involuntary Alienation:
1: Transfer by Natural causes 2:Transfer by Operation of Law 3: Transfer by court Action |
|
|
|
How is title transfered by natural causes
|
Transfer by Natural causes can occur through accession. Accession is the aquisition of title to new land caused by the action of wind and water.
|
|
|
|
What is accretion
|
Accretion is the gradual build-up of land through the action of wind and water. The material that is deposited is called alluvion or alluvium. Accretion can cause boundary lines to change
|
|
|
|
What is Reliction or Dereliction
|
reliction is the increase in land area that occurs when water recedes, example when the water level of a lake recedes exposing the lake bed. The newly exposed land belongs to the riparian owner
|
|
|
|
What is erosion
|
Erosion is the gradual wearing away of soil by the action of wind and water. This could result in the property line changing.
|
|
|
|
What is Avulsion
|
Avulsion is the sudden change in land mass due to flood, earthquake, hurricane etc. Avulsion does not usually cause a change in boundary line
|
|
|
|
How is title transfered by Operation of Law?
|
Title to real estate may be transferred without the owners consent by operation of statutory law by:
a: condemnation b: Intestate succession c: communitiy property d: adverse possession |
|
|
|
What is condemnation
|
Condemnation is the process by which government or quasi government agencies such as railroads or utilities can take title to real property without the owners consent by thier power of eminent domain.
|
|
|
|
What is Intestate succession
|
Intestate succession occurs when a property owner dies without leaving a valid will. The estate will be distributed to the heirs based on the "laws of descent and distribution (also called the laws of succession) of the state where the property is located.
|
|
|
|
What is community property
|
In states that following community property laws, each spouse in a married couple share ownership rights of real property equally. A spouse may only will her/his share of community property. If the spouse dies without a will, the decedents half share is usually awarded to the surviving spouse
|
|
|
|
What is adverse possession
|
Adverse possession laws (squatters rights) provide for the involuntary transfer of title when one person, without permission, occupies another person's land for the required period of time. (The time period varies from 3 years to thirty years depending on the state law.
|
|
|
|
What must a claimant prove regarding possession in cases of adverse possession
|
Before awarding legal title to a "squatter" the claimant must prove that the possession was:
Actual - leaving no doubt. Moving in and making improvements Hostile - without the owners permission Open - obviouse and visible to the rightful owner Notorious - so that the public could observe the control being exercised over the land by the occupant Exclusive - not shared with anyone else Continous - in an uninterrupted pattern for the statutory required period |
|
|
|
What is tacking
|
Tacking occurs in cases of adverse possession when, in order to meet the time requirements, one might add their time to the previous occupant. In most states this can only occur when there is a successor relationship between the occupants such as ancestor and heir, landlord and tenant or seller and buyer.
|
|
|
|
What is color of title and what is the impact to an adverse possession
|
"Color of Title" is anything in writing that suggests some plausible appearance of ownership no matter how imperfect the instrument. Some states will shorten the required period for adverse possession if the claimant has been paying the property taxes and has been occupying the property under color of title.
|
|
|
|
What is a Quiet Title Action Suit
|
Once a claimant has met all of the requirements for adverse possession:
Actual hostile Open Notorious Exclusive and Continuos, a quiet title action is filed in the court to acquire legal title. |
|
|
|
What is a transfer by court action
|
Involuntary transfer of title by court action can result from a partition sale, foreclosure sale or quiet title action.
|
|
|
|
What is a Partitiion Suit
|
A Partition Suit occurs when joint tenants or tenants in common cannot agree on a plan to sever their undivided interests. Any one of the owners, with or without the consent of the other(s), may file a partition suit in court, seeking a fair distribution of thje property and to dissolve the co-ownership
|
|
|
|
What is a foreclosure sale?
|
A foreclosure sale is a court ordered procedure for sale of the property to satisfy the debts of the owner. It can result from failure to pay real estate taxes, a mortgage loan, a judgement lien or a mechanics lien.
|
|
|
|
What is a voluntary alienation?
|
A voluntary transfer of title is transfer of title with the owners consent called voluntary alienation. It can be initiated by government patent or public grant. It can also be initiated by an owner executing a will, making a gift or selling a property.
|
|
|
|
Explain transfer by government patent or grant
|
A patent is a document used when the government conveys land to a private individual. Public Grants are used to convey government land to private parties and groups of people
|
|
|
|
What is transfer by will
|
A will is the last will and testament detailing the wishes of the testator with regards to disposal of his/her property upon his or her death.
For a will to be valid it must comply with the laws of the state where the property is located. All states require that the testator be of age (not a minor) and be of sound mind (not insane). |
|
|
|
What is a devise
|
In a Will, real property is known as a device and the heir recieving the property is known as the devisee.
|
|
|
|
What is legacy and bequest
|
In a will personal property is a legacy or bequest. The recipiant of the legacy or bequest is the legatee.
|
|
|
|
What is an executor
|
The person named to carry out the provisions of the will. Female (executrix)
|
|
|
|
What is meant by genuine assent.
|
The person making the will must be doing it freely and not due to fraud, misrepresentation, menance or undue influence
|
|
|
|
How are wills classified
|
Wills are classified by the way they are prepared:
a: Formal Will b: Holographic Will c: Nuncupative Will |
|
|
|
What is a formal will
|
A formal will is a typed, prepreinted instrument, usually prepared by an attorney. It is recognized in all states and preferred by the court.
|
|
|
|
What is attestation
|
during the creation of a formal will the testator declares, in the presence of two or more witnesses that the instrument is his or her last will and testement he/she is signing voluntarily. The witnesses then sign the will.
|
|
|
|
What is a halographic will
|
A will, entirely hand written, dated and signed by the testator. Some states recognize this type of will as valid and some do not.
|
|
|
|
What is a nuncupative will
|
A will made orally, in expectation of impending death. It must be properly witnessed by those who heard it and reduced to writing in a specific time, usually 30 days. It is effective only in the dispostion of personal property.
|
Sometimes called the soldier or sailors will
|
|
|
What is a codicil
|
A legally effective way to change a will. The modification is made on a new instrument called the codicil which must be dated, witnessed and signed with the same formalities as the will itself.
|
|
|
|
What is an Executor's deed
|
When a testator dies, the will is first submitted to the probate court to first determine its validity, authorize the executor to pay the decedents debts and then distribute the estate. Real property in the estate is conveyed by the executors deed.
|
|
|
|
What is transfer by gift
|
Real property can be conveyed as a gift during the owners lifetime unless it is done for the purpose of defrauding creditors.
|
|
|
|
What is a gift deed
|
A gift deed to used to convey property as a gift to relative. Sometimes called a voluntary deed. No valuable consideration is needed. The phrase "for love and affection" is known as good consideration to support the validity of the conveyance.
This is also known as a limited warranty deed or a special warranty deed. |
|
|
|
Explain transfer by sale
|
Another voluntary transfer is the transfer by sale. Title is usually transferred by DEED as a result of a sale.
|
|
|
|
What is a deed
|
A deed is a written instrument, when properly executed and delivered by the grantor during the grantors lifetime, conveys an interest in the property to the person who accepts it.
|
|
|
|
Whom are the grantor and grantee
|
The grantor is the person conveying the interest and the grantee is the person recieving the interest
|
|
|
|
What are the deed requirements for valid conveyance.
|
The deed requirements for valid conveyance are:
1. Must be in writing - statute of frauds requires all deeds be in writing 2. Grantor must be named and must be legally competant 3. Grantee must be named - a valid deed must identify the grantee in an unmistakable fashion; however legal competancy is not required. A deed is valid if delivered to a minor, to an incompetent or to a grantee using a fictituous name. |
|
|
|
What is consideration.
|
DEED Requirement
A deed should contain and description of consideration however the phrase for ten dollars and other valuable consideration" is considered acceptable and is frequently used even though it does not describe the actual sale price. |
|
|
|
Legal Description (Transfer)
|
DEED Requirement
The description of the property being conveyed must be identified so that is clearly distinquished from all other parcels of land. The deed is void if the description is vague or indefinate. Must be metes and bounds, recorded plat or rectangular survey. In Georgia only metes and bounds and recorded plat are valid. |
|
|
|
Explain the granting clause (words of conveyance)
|
DEED Requirement
The language of the granting clause must clearly express the grantors intent to convey the title now and not in the future. The words of conveyance are determined by the type of deed and extent of the grantor's obligations to the grantee. |
|
|
|
Explain the requirement for the signature of the grantor
|
DEED Requirement
Although the names of both grantor and granterr appear on the deed, only the grantor needs to sign it. NOTE - When a corporation is conveying title, the corporate officers who sign must be authorized by a resolution from the board of directors. Some states also require use if the corporate seal. |
|
|
|
Explain Delivery and Acceptance
|
Title to real estate is conveyed when a properly executed deed is delivered and accepted by the grantee or the grantee's agent during the grantors lifetime.
|
|
|
|
What is manual or absolute delivery
|
DEED Requirement
Part of the requirement of delivery and acceptance. In most transactions delivery and acceptance take place when the grantor hands the grantee the deed in exchange for the purchase price |
|
|
|
What are some of the typical but not essential deed provisions
|
1: The date - essential but is customary.
2: habendum Clause - beginning with the words, "to have and to hold", the habendum clause describes the quantity and duration of the estate being granted. C: reservations and exceptions When a grantor is conveying a property, he/she can make a reservation in the deed to hold such things as a life estate or eastment or he/she can exclude part of the property from the conveyance. |
|
|
|
What is the Habendum clause
|
Typical (but not essential) DEED provisions.
This clause begins with the words, "to have and to hold", it describes the quantity and duration of the estate being granted. It should be consistent with the granting clause, but if not the granting clause would control. |
|
|
|
What are reservations and exceptions
|
Typical (but not essential) DEED provisions.
When the grantor is conveying property, but reserving a life estate for himself, or an easement to access another parcel, the deed will contain a reservation clause. An exeption in the deed excludeds from the conveyance some physical portion of the property being granted. |
|
|
|
What are Covenants of Title
|
DEED Requirements
A covenant of title is a promise by the grantor that certain conditions of title exist. Typical covenants of title include the following: 1. Covenant of Seisin 2. Covenant againt encumbrances 3. covenant of quiet enjoyment 4. covenant of warranty forever 5. covenant of further or future assurances |
|
|
|
Explain a covenant of seisin
|
This is a promise that the grantor does own the property and has a right to convey it. It would be broken, for example, if the grantor purorted to convey a fee simple title and only had a life estate.
|
|
|
|
Eplain a convenant against encumbrances
|
This is a promises that there are no encumbrances except those specifically mentioned in the deed. The promise does not cover encumbrances that are physically visible or those that are recorded.
|
|
|
|
What is a covenant of quiet enjoyment
|
This is a promise that the grantee will not suffer interferance from others having a superior claim of the title. This covenant also applies to leasehold estates
|
|
|
|
What is a covenant of warranty forever
|
This obligates the grantor to compensate the grantee for any loss suffered in defending the title against anyone asserting a rightful claim to the property from any time in the past. "Money back Gauranty"
|
|
|
|
Covenant of further or future assurances
|
This obligates the grantor to produce any documents that might be needed to perfect the title, for example a correction deed or a deed of reformation.
|
|
|
|
What are the 3 legal aspects of deeds
|
The three legal aspects of deeds are:
Seal Attestation Acknowlegement |
|
|
|
What is Seal
|
One of the legal aspects of deeds, a seal is no longer required in most states. You can use LS after the signature which is latin for Under Seal. When a corporation is involved in the transation a corporate seal may be used
|
|
|
|
What is attestation
|
One of the legal aspects of deeds, Attestation is the act of a person witnessing the grantor's signature and signing the deed as a witness
|
|
|
|
What is acknowledgement
|
One of the legal aspects of deeds, acknowledgement is a formal declaration made by the grantor in the presense of an authorized official, usually a notary public, that the deed is being signed voluntarily. The acknowledgement "MUST" be notarized.
|
|
|
|
What are the types of deeds
|
types of deeds are
1. Warranty deeds 2. Grant deeds 3 Bargain and sale deeds 4 Quit Claim Deed |
|
|
|
what is a warranty deed
|
A warranty deed garantees good title to the property (not the physical condition of it)
|
|
|
|
What is the doctrine of after aquired title
|
This principle provides that the grantee will obtain the even if the grantor does not have the title at the time of conveyance, but aquires it later.
|
|
|
|
What is a general warranty deed
|
A general warranty deed offers the most comprehensive protection of any deed. The five covenants of warranty apply not only to the title defects arising during the grantors period of ownershil but also those that occured before.
|
|
|
|
What is a special warranty deed.
|
A special waranty deed protects the grantee's title under the same conventants as the general warranty deed except for the warranty of "forever"
|
|
|
|
Chap 4 ques 1
A deed made and delivered but not recorded is: A. invalid between the grantor and grantee B. valid between the grantor and grantee and has priority C: valid between the grantor and grantee but not valid against recorded claims of a subsequent purchaser who records the deed without actual notice of any unrecorded interests D: invalid between the grantor and the grantee but invalid against a 3rd party with constructive notice |
C: Valid between the grantor and grantee but not valid between against recorded claims of a subsequent purchaser who records the deed without having actual notice of any unrecorded interests
|
|
|
|
Chap 4 ques 2
A deed is acknowledged by: A: A grantor B A notary public C: the grantee D: an authorized public officer |
A: the grantor
|
|
|
|
Chap 4 ques 6
The donation of real estate for public uses is known as: a: reverse condemnation b: eminent domain c: dedication d: escheat |
C: dedication
|
|
|
|
Chap 4 ques 7
Involutary alienation means: A: ownership of an estate is transfered by operation of law, by natural causes or by court action B: ownership of an entire estate cannot be transferred wiithout the knowledge of the owner C:ownership of an estate transferred by a deed D: ownership of an estate belongs to someone from another country |
A: ownership of an estate is transferred by operation of law, by natural causes or by court action
|
|
|
|
Chap 4 ques 8
Pursuant to a valid contract, Smith agrees to convey Barrenacre to Jones. Smith prepares and signs a warranty deed and delivers it to his attorney in anticipation of closing. Smith dies before the closing takes place. Which of the following is correct? A: There has been constructive delivery of a valid deed. B: The deed is not valid after Smith died. C: The attorney is acting as escrow agent in recieving the deed; therefore delivery to Jones is implied D: Smith drew up the deed. Jones, by contract, signified acceptance therefore, the deed will convey Barrenacre |
B: The deed is not valid after Smith died.
|
|
|
|
Chap 4 ques 5
Ms jones dies leaving no will. She leaves rea property valued at 75000 and has no heirs. Her estate would: A: Be held in trust pending the appearance of heirs B: be distributed according to the laws of succession C: revert to state government D: revert to the US government |
C: Revert to state government
|
|
|
|
Chap 4 ques 3
A forged deed is: A: Voidable B: Unenforcable C: void D: valid if recorded |
C: void
|
|
|
|
Chap 4 ques 4
Smith buys land from Jones. Two months after delivery of the deed they decide to rescind the sale. Which of the following is required to place them in the same legal position they held before the sale: A: Endorsement of the deed by Smith to Jones B: Delivery of a new deed from Smith as the grantor and Jones as the grantee C: recorded acknowledgement of recission D: Death of either party |
B: Delivery of a new deed from Smith as the grantor and Jones as the grantee
|
|
|
|
Chap 4 ques 9
Voluntary alienation can be accomplished by: A: contract for sale and warranty deed B: transfer of title by descent C: court action D: execution of sale and sheriff's deed |
A: contract for sale and warranty deed
|
|
|
|
Chap 4 ques 10
All of the forms of deeds contain some covenants or warranties either expressed or implied except: a: General warranty deed b: quit claim deed c: special warranty deed d: grant deed |
B: Quit claim deed
|
|
|
|
Chap 4 ques 11
Ms. Smith, who is in good health, makes a will leaving her real property to Mr Jones. Under such circumstances, all of the following are true statements except: A: Jones has no interest in Smith's property despite being a divisee B: Smith's will must be probated after her death in order to pass the title to Jones C: Smith can convey to a third party all the interest she has despite the will D: Smith is Jones heir |
D: Smith is Jones heir
|
|
|
|
Chap 4 ques 12
Ms Smith properly executed a power of attorney authorizing Mr. jones to sign a deed for her, pursuant to the closing of a sales contract. Unknown to Mr jones or to the purchaser at the time, Ms. Smith died the night before Mr Jones signed the deed. Under these circumstances: A: the conveyance is probably valid B: the conveyance is not valid C: a power of attorney lasts until revoked by will of the grantor D: power of attorney is effective for 60 days after the lifetime of the oerson granting such authority |
B: The conveyance is invalid.
--------- the grantor must be alive at the time of signing. |
|
|
|
Chap 4 ques 13
involuntary methods of conveying property include all of the following except: A: escheat B: condemnation c: quit claim D: adverse possession |
C: Quit Claim
|
|
|
|
Chap 4 ques 14
under which of the following circumstances would title be transfered by descent? A: Testator has living heirs B: Voluntary alienation C: Intestate succession D: According to the last will and testemant |
C: Intestate succession
|
|
|
|
Chap 4 ques 15
Alienation expresses a meaning most completely opposite to: A: foreclosure of mortgage B: transfer of property C: Aquisition pf property D: action by the grantor |
C: Aquisition of property
|
|
|
|
Chap 4 ques 16
With the permission of Jones, Smith occupied property for more than ten years. Smith made improvements, used the land exclusively and paid taxes on it. Now Jones wants Smith to move. A: Jones must pay Smith for the improvements and taxes B: Smith probably has title to the property C: Smith will have to go D: While Jones still retains legal title, Jones must allow Smith a continuing possessory interest |
C Smith will have to go
|
|
|
|
Chap 4 ques 17
A properly executed and delivered quit claim deed will always convey: A: title to the property B: all of the grantors rights and title to the property C: any after aquired interest in the property D: any warranty that has already been transferred |
B: all the grantors rights and title to the property.
============ Page 4-15 "The quitclaim deed is not inferior to any other deed in what it conveys..." |
|
|
|
Chap 4 ques 19
All of the following are legal requirements for making a valid will in most states except: A: legal age B: sound mind and the testators signature C: at least $1000 worth of property to dispose D: presence of witnesses and their signatures |
C: At least $1000.00 in property to dispose
|
|
|
|
Chap 4 ques 18
The creation of an easement by prescription is similar too? A: Adverse possession B: unlawful detainer action C: accretion D: police power |
A: Adverse possession
|
|
|
|
Chap 4 ques 20
A valid deed must contain A: signature of the grantor B: signature of the grantee C: habendum clause D: an acknoledgement |
A: signature of the grantor
==== page 4-11 Signature of grantor.. "Although the names of both the grantor and grantee appear on the deed only the grantor needs to sign it. |
|
|
|
Chap 4 ques 21
Mother nature can cause a piece of land to grow in size. This growth is called: A: Erosion B: adverse possession C: alienation D: accretion |
D: accretion
|
|
|
|
Chap 4 ques 22
Brenda and janet own a piece of property as joint tenants. When they cannot agree on selling the property, what lawsuit must Brenda file to recieve her share? A: Foreclosue B: Quiet title C: Partition D: Condemnation |
C: Partition
|
|
|
|
Chap 4 ques 23
A person homesteading in the Indian Territories recieved ownership of the land by means of what document? A: Treaty B: Land Grant C: Quit Claim Deed D: Patent |
D: patent
======= pg 4-6 "Transfer by government patent or public grant". A patent is used when the government conveys land to a private individual. |
|
|
|
Chap 4 ques 24
To correct a mistake in a deed you need to use a? A: Reformation deed B: Gift deed C: fix-it-deed D: Sheriffs deed |
A: Reformation deed
====== Page 4-13 |
|
|
|
Chap 4 ques 25
Deeds executed by court appointed representatives include the following EXCEPT: A: Guardian's deed B: testator's deed C: Executors deed D: Administrators deed |
B: testator's deed
|
|
