Ch 5 - Transfer Of Title Flashcards Preview

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Flashcards in Ch 5 - Transfer Of Title Deck (23)
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1

The portion of a deed to real property that provides a description of the ownership rights of the transferee of the property

Habendum

2

A formal declaration made before an authorized individual

Acknowledgment

3

Forcing the sale of property by court action to divide a tenancy in common or joint Tenancy

Partition

4

A property owner who dies without leaving a valid last will and testament has died in _______

Intestate

5

The act of transferring title, ownership, an estate, or an interest in real estate from one party to another

Alienation

6

___________ Is the name of the procedure in which a testator declares in the presence of two or more witnesses that the instrument is his last will and testament and that he is voluntarily signing it; at the request of the testator and in his presence and in the presence of each other, the witnesses must sign the will

Attestation

7

A written legal document by which ownership of real estate is conveyed from one party to another

Deed

8

True or false:

All states require that the testator possess legal capacity

True

9

A person who dies leaving a valid will is said to have died __________

Testate

10

Allows the unauthorized occupation of another persons land to be the basis for acquiring it

Adverse possession act

11

The controlling provision in the event of a conflict between it and the habendum clause

Granting clause

12

Consideration That has value only to the person receiving it

Good consideration

13

What are the three classifications of wills?

- formal will
- holographic will
- noncupative will

14

With regard to natural causes, the owner of land fronting on a lake, river or ocean may acquire additional land due to the gradual accumulation of rock, sand and soil through the process of ___________

Accretion

15

The results of accretion are referred to as ________ And ___________

Alluvion and reliction

16

___________ possession is such that the ordinary person has no doubt as to the nature of the occupancy

Actual

17

__________ Possession must be without the owners consent

Hostile

18

__________ Possession means the public must be able to observe the control being exercised over the land

Notorious

19

What are the five covenants of title?

- covenant of seisin
- covenant against encumbrances
- covenant of quiet enjoyment
- covenant of further assurances
- Covenant of warranty forever

20

Warranty deeds are either _________ or _________

General or special

21

1. Deed must identify the ___ and ___

2. Deed must state _________ was given

3. Deed must contain words of _______

4. A _______ the cannot possibly be misunderstood

5. The ______ executes the deed by signing it

1. Grantor and grantee

2. Consideration

3. Conveyance

4. Land description

5. Grantor

22

________ is a transfer of title made with the owner’s consent

________ is a transfer of title made without the owner’s consent

Voluntary alienation

Involuntary alienation

23

What is a filing for an adverse claimant to acquire legal title?

An action to quiet table