Chapter 19 - Legal Descriptions and Deeds

Question 1

A deed that carries with it no warranties against liens or other encumbrances but that does imply that the grantor has the right to convey title is called a ___ __ ___ deed.

Answer 1

Bargain and sale deed

Question 2

A deed in which the grantor warrants and gurantees the title against defects arising during the period of his or her ownership of the property but not against defects existing before that time, is called a ___ __ __ deed __ ___.

Answer 2

Bargain and sale deed with covenants

Question 3

A permanent reference mark or point established for use by surveyors in measuring differences in elevation - see also datum, known as a ___.

Answer 3

Benchmark

Question 4

Agreement written into deeds and other instruments promising performance or nonperformance of certain acts or stimulating certain uses or nonuses of the property is a ___.

Answer 4

Covenant

Question 5

Point from which elevations are measured. Mean sea level in New York harbor or local ___.

Answer 5

Datum

Question 6

A written instrument that, when executed and delivered, conveys title to or an interest in real estate is a ___.

There are (4) types.

Answer 6

Deed

1) Warranty Deed (General or Full Covenant Waranty Deed)
2) Bargain and Sale Deed with Covenants Against Grantors Acts (CAG) or Special Warranty Deed
3) Bargain and Sale Deed
4) Quit Claim Deed

Question 7

Final action with a deed that transfers title requires this ___ __ ___.

Answer 7

Delivery and acceptance

Question 8

A person who receives a conveyance of real property from the grantor is a ___.

Answer 8

Grantee

Question 9

A ___ ___ within the deed of conveyance that states the grantor’s intention to convey the property. This clause generally is worded a “convey and warrant”, “grant”, “grant, bargain, and sell”, or the like.

Answer 9

Granting clause

Question 10

The person transferring title to or an interest in real property to a grantee is a ___.

Answer 10

Grantor

Question 11

___ clause as part of deed beginning with “to have and to hold”, following the granting clause, and defining the extent of ownership the grantor is conveying.

Answer 11

Habendum

Question 12

A description of a specific parcel of real estate complete enough for an independent surveyor to locate and identify it is a ___ ___.

Answer 12

Legal description

Question 13

A legal description of a parcel of land that begins at a well-marked pint and follows the boundaries, using direction and distances around a the tract to the pace of beginning, this ia called ___ __ ___.

Answer 13

Metes and bounds

Question 14

A fixed natural or artificial object used to establish real estate boundaries for metes-and-bounds description. Today monuments ususally reinforcing bars, called rebars, bearing the surveyor’s initials is a ___.

Answer 14

Monument

Question 15

___ __ ___ is description of a designated point.

Answer 15

Point of beginning (POB)

Question 16

A conveyance by which the grantor transfers interest he or she has an interest in the real estate, if any, without any warranties or obligations is a ____ ___.

Answer 16

Quitclaim deed

Question 17

A system established in 1785 by the federal government providing for surveying and describing land by reference to principal meridians and base lines, outside the 13 original colonies. Not used in New Jersey, more common in the western part of the US. This system of measuring a property is called a ___ ___ ___.

Answer 17

Rectangular survey system

Question 18

A portion of a township under the rectangular survey system. A ___ is a square mile-long sided and an area of one square mile, or 640 acres.

Answer 18

Section

Question 19

The principal unit in the rectangular survey (government survey) system, a square with six-mile sides and an area of 36 square miles is known as a ___.

Answer 19

Township

Question 20

A deed in which the grantor fully warrants good clear title to the premises is ___ ___.

Answer 20

Warranty deed (general warranty deed, full covenant and warranty deed)

Question 21

___ is a formal declaration made before a duly authorized officer, usually a notary public, by a person who has signed a document.

Answer 21

Acknowledgement

Question 22

(4) Ways to transfer property:

Answer 22

• Intestate: no will, distribution of estate follows law of descent
• Testate: died with a will, distribution follows instructions in will
• Involuntary alienation: adverse possession, condemnation, tax sale, foreclosure sale, escheat
• Voluntary alienation: gift, sale or dedication (donation to government, government must accept)

Question 23

(7) Elements a Deed must have in order to be valid:

Answer 23

• Written instrument
• Legal capacity of grantor
• Grantee must be named
• Granting clause
• Legal description
• Grantor’s signature
• Delivery & acceptance