Ch 9 Section 3 Alienation, Wills, and Deeds

Question 1

Alienation

Answer 1

Term referring to any type of transfer of ownership of real property
- can b accomplished voluntarily by a deed or will, or involuntarily by adverse possession or intestate succession.

Question 2

May occur by means of deeds, wills, dedications, and public grants

Answer 2

Voluntary Alienation

Question 3

Deed of conveyance

Answer 3

the most common method of acquiring title to real property and is a written instrument used to transfer title voluntary from one party to another

Question 4

Will

Answer 4

a written instrument whereby an individual (testator) provides for the transfer of title to property to another after his ( the testators) death

Question 5

Dedication

Answer 5

is the free transfer ( no compensation ) of privately owned land to a governing body with the stipulation that it be used for public purposes

Question 6

Public grant

Answer 6

is a transfer of title from the government to an individual

Question 7

Special deed

Answer 7

known as a patent deed is used for a public grant

Question 8

Descent & distribution, adverse possession, unintentional dedication of land for public use, accession, estoppel, foreclosure, eminent domain, escheat are apart of what alienation

Answer 8

involuntary

Question 9

Decent and Distribution

Answer 9

refers to the acquisition of an estate by inheritance when an heir succeeds to the property by operation of law

Question 10

Adverse possession

Answer 10

The acquisition of title to real property owned by someone else by opens, notorious, hostile, and continuous possession for a statutory period of time

Question 11

Unintentional dedication of land for public use

Answer 11

owners who allow public access to or though, their private property will erect barriers at regular intervals (such as once a year) just to evidence the fact that the public right to use the property is merely a license and not a right or interest in the property itself.

Question 12

Title by accession

Answer 12

the acquisition of additional land and/or improvements under certain unusual circumstances.

Question 13

The action of a stream or river takes soil from owners property

Answer 13

Erosion

Question 14

soil from owners property and adds it to another’s property

Answer 14

accretion

Question 15

Alluvion

Answer 15

• soil deposits
• rain moves soil down to another’s property, so first looses land and second property gains

Question 16

Avulsion

Answer 16

the sudden removal of large amounts of soil by an act of nature such as an earthquake or mudslide

Question 17

Title (deed) by estoppel

Answer 17

legal principle whereby a person may obtain title to real property over the apparent owner, because the apparent owner has failed to act in such a manner as to put everyone on notice as to his rights in the property.

Question 18

Foreclosure

Answer 18

Due to unpaid debts (mortgage loans, property taxes and other liens) also results in the transfer of ownership of real property without the owner’s consent

Question 19

Power of eminent domain

Answer 19

Permits governments and quasi-public corporations and utility companies to take private land for public use through a condemnation suit results in involuntary alienation of real property

Question 20

Escheats

Answer 20

Considered a form of involuntary alienation

Question 21

Testate succession

Answer 21

Indicating the existence of a valid will

Question 22

Intestate succession

Answer 22

Vary from state to state, every state has passed as set of laws dealing with the descent and distribution of real and personal property belonging to those who die without will

Question 23

Probate

Answer 23

Is the formal, legal process by which a court reviews the distribution of a deceased persons date.

Question 24

Executor

Answer 24

A person named in the will who executes, or carries out the wishes of the testator, acting as his personal representative

Question 25

Administrator

Answer 25

Person appointed b the court to carry out the terms of the will in the event there is no executor or oversee the distribution of assets of a person who dies intestate

Question 26

Testator

Answer 26

Or maker (one who makes a will) must be of sound mind and of legal age

Question 27

A gift of real property by will is known as

Answer 27

Devise

Question 28

A person who receives property by will is a

Answer 28

Devisee

Question 29

A gift of personal property by will is known as a

Answer 29

Bequest

Question 30

Codicil

Answer 30

Modification of , or addition to, an already existing will

Question 31

Holographic will

Answer 31

One that is written in the testators own handwriting, but is not witness or acknowledge

Question 32

Nuncupative will is a ________ will

Answer 32

Oral

Question 33

What does the most common form of voluntary alienation involve ?

Answer 33

Deeds

Question 34

Deed

Answer 34

A written instrument whereby a property owner conveys tittle to another

Question 35

What requirements create a valid legally enforceable deed?

Answer 35

- grantor - grantee - consideration - words of conveyance - legal description -reservations, exceptions ,and restrictions - Signature of the grantor - Delivery and acceptance (Torrens system only)

Question 36

Grantor or grantors

Answer 36

Must be identified and must be of age and of sound mind.

Question 37

Words of conveyance

Answer 37

Distinguish it from a mortgage instrument, such as “i hereby grant and convey….”

Question 38

Legal description

Answer 38

Generally required although in the case of a condominium the postal address may be sufficient once the fall legal description is in the recorded declaration

Question 39

Reservation

Answer 39

A right retained by the grantor

Question 40

Exception

Answer 40

When the grantor retains fee title to a part of the land

Question 41

Deed restriction

Answer 41

Imposed by the original developer

Question 42

Acknowledgment

Answer 42

Declaration made before an authorized officer, usually a notary, by a person who is voluntarily signing a formal, written document

Question 43

Covenants

Answer 43

Are warrants or unconditional promises contained in contracts - found in leases, mortgages, contracts for deed, deeds, etc.

Question 44

Frequently used covenants include:

Answer 44

- of seisin - of quiet enjoyment - against encumbrances - of warranty forever - of further assurances - against grantors acts

Question 45

Covenant of seisin

Answer 45

Is an assurance by the grantor to the grantee that the grantor has the estate of title in the quantity that the grantor claims to convey

Question 46

Covenant of quiet enjoyment

Answer 46

Arises from the grantor’s assurance that the grantee shall enjoy possession of the property in piece and without disturbance by hostile claimants

Question 47

Covenant against encumbrances

Answer 47

Grantors guarantee that there are no encumbrances against the property except those specifically disclosed

Question 48

Covenant of warranty

Answer 48

Assures the grantee of possession and continuance of title transferred to the grantee, “the grantee will forever warrant the title to said premises…”

Question 49

Covenant of further assurance

Answer 49

The grantors promise to do such further acts as might required in the future to guarantee or perfect the title of the grantee

Question 50

Covenant against grantors acts

Answer 50

Used in special warranty deeds in which the grantor is a fiduciary such as an executor, trustee, or guardian.

Question 51

Certain customary clauses in deed that have come to be required, they are the:

Answer 51

-Premise Clause - Habendum Clause - Testimonium Clause

Question 52

Premises Clause or granting clause

Answer 52

Contains the words of conveyance, states the names of the parties involved, the extent of ownership, recites the consideration and legally describes the property

Question 53

Habendum Clause “To have and to hold clause”

Answer 53

That follows the granting clause and indicates the type of estate or interest the deed is conveying, such as fee simple estate, a life estate

Question 54

Testimonium clause

Answer 54

The parties to these present have hereunto set their hands and seals … is the conclusion of a deed

Question 55

Types of deed in common use today :

Answer 55

- General warranty -Special warranty - Bargain and sale deed - Quitclaim deed - Correction deed

Question 56

General warrant deed

Answer 56

Conveyance by which the grantor fully warrants, or guarantees, clear title to the real estate being sold

Question 57

Special Warranty deed

Answer 57

Is a conveyance by which the grantor guarantees the title he is conveying only against defects arising during the tenure of his ownership guardianship and not against previous defects in title

Question 58

Bargain and sale deed

Answer 58

Conveyance by which the grantor conveys property but does not agree to warrant or defend the title in any way

Question 59

Quitclaim deed

Answer 59

Conveyance by which the grantor transfers and releases any interest he might have in the property

Question 60

Correction Deed

Answer 60

Any type of deed used to correct a mistake in prior deed

Question 61

Types of deed

Answer 61

- Deed of trust - deed in trust - guardians deed - deed in foreclosure - deed in partition - Patent deed

Question 62

Deed of trust / trust deed

Answer 62

Used to convey title to a third party trustee to be held as security for a debt

Question 63

Deed in trust

Answer 63

Conveys real property to a trustee

Question 64

Guardians deed

Answer 64

Is executed on behalf of a person who lacks legal capacity to convey title, such as a minor or any person judged incompetent by the courts

Question 65

Deed in foreclosure

Answer 65

May also be called a referee’s deed ( when foreclose is undertaken by a private mortgagee) or a tax deed or sheriffs deed, when property is sold to pay taxes

Question 66

Deed in partition

Answer 66

Is issued by a court when property is sold at a partition sale for the purpose of diving a joint tenancy or tenancy in common ownership

Question 67

Patent deed

Answer 67

Is a deed used to convey title to real estate from the United States Government to an individual