ch 5

Question 1

What 2 forms do you need to prove you own the land?

Answer 1

1) Deed

2) ?

Question 2

Deed

Answer 2

A deed is a legal document whereby ownership is conveyed from one party to another.

Question 3

Elements of a deed

Answer 3

Grantor / Grantee must be identified
   legal age
   Competent
Consideration
words of Conveyance
   Clearly states the property is being conveyed
Legal Description of land
Execution
Deed must be signed
Must be witness or acknowledged
Delivery and Acceptance
Delivered Voluntarily
Deemed accepted if you keep it or act in some manner of ownership

Question 4

Covenants and Warranties

Answer 4

Written promises by the grantor that the condition of title is as stated
Covenant of Seizin
Covenant of Quiet Emjoyment

Question 5

Covenant of Seizin

Answer 5

Warrants grantor is owner and possessor of property

Question 6

Covenant of Quiet Emjoyment

Answer 6

Guarantee that grantee will not be disturbed by another’s Claim to property

Question 7

Covenant against encumbrances

Answer 7

Grantor guarantees to grantee property title is not encumbered by easements, restrictions, taxes, liens, judgements, except as noted

Question 8

Covenant of further assurance

Answer 8

Grantor must secure and deliver any subsequent documents that may be necessary to make good the title

Question 9

Warranty forever

Answer 9

a guarantee from grantor to grantee that the grantee will bear the expense of defending grantee’s title at any time in the future.

Question 10

Is it necessary to have a date on the ?

Answer 10

It is customary to have a date but not necessary. Notary signature is dated always. Recoding date is very important

Question 11

When does the title pass?

Answer 11

On delivery not on the date signed

Question 12

Types of deeds

Answer 12

Quit Claim
Warranty or General Warranty
Grand Deed
Special Warranty Deed
Gift Deed
Guardian Deed
Sheriff's Deed
Correction Deed

Question 13

Quit Claim

Answer 13

No covenants or warranties
Makes no statement or does not even imply that the grantee is owner of property
Only passes whatever rights he has, if he has none, the deed has no effect
Grantor herby remise, release, and quitclaim forever

Question 14

Warranty or General Warranty

Answer 14

Contains all five warranties and covenants from previous slide
Best way to acquire property
Granting Clause states intent
Habendum clause – “to have and to hold” clause has words of conveyance
May have restrictions such as future taxes due

Question 15

Special Warranty Deed

Answer 15

Grantor warrants title only against defects occurring during his ownership, not prior
Usually used by corporations in Utah or trusts
Less effective for buyers than general or Warranty Deed

Question 16

Gift deed

Answer 16

consideration clause “consideration of his / her natural love and affection”

Question 17

Guardian Deed

Answer 17

to convey minor’s or incompetent’s interest in property.

Question 18

Sheriff’s Deed

Answer 18

issued to buyer in foreclosure, has no warrants

Question 19

Correction deed

Answer 19

correct an error in a previous executed or delivered deed

Question 20

Requirements of a Will

Answer 20

Usually written by attorney (not required)
Formal or witnessed by two persons
Declare it final will or amendment to will
Date and sign by testator

Question 21

Types of Wills

Answer 21

Holographic Will
Oral Will
Will Harrison

Question 22

codicil

Answer 22

written supplement or amendment to an existing will, must be dated and signed and witnessed.

Question 23

Adverse Possession

Answer 23

a method of acquiring title to real property by possession for a statutory period under certain conditions, viz: proof of non-permissive use which is actual, open and notorious, exclusive, adverse, and continuous for the statutory period.

Question 24

Dedication

Answer 24

Voluntary Gift of use of land for public use
not a transfer of title
Usually by recording a plat or, deed

Question 25

Ownership by Accession

Answer 25

Accretion: Gradual accumulation of land from river, lake, or ocean
Alluvion: Waterborne soil gathers to form land
Reliction: lake or sea permanently recedes exposing dry land
Avulsion: land rapidly washed away by action of water