Deeds

Question 1

Granting clause

Answer 1

is section of a deed identifying the property to be conveyed,
the grantor, the grantee, and the grantor’s promise to transfer title to the grantee.

It is also called words of conveyance, and it is needed for a deed to be valid.

Question 2

Consideration

Answer 2

is something of value exchanged by the parties as evidence of agreement to the terms of a contract.

Consideration could be:
Promises
Goods
Services
Usually, consideration is money.

Question 3

covenant of seisin

Answer 3

protection in which the grantor states they hold the title conveyed in the deed. grantor guarantees deed

Question 4

The habendum clause

Answer 4

a necessary clause within a deed that clarifies the type and extent of interest conveyed by the granting clause.

If you see the words “to have and to hold”

Question 5

Not always essential to the validity of a deed, though it is often required for recording

Answer 5

Acknowledgment

Question 6

words like “sell, give, bargain, convey, and grant” are used for this element

Answer 6

Granting Clause

Question 7

indicates what interest in the property is being conveyed by the grantor

Answer 7

Granting Clause

Question 8

when real estate is gifted, this can be classified as “love and affection”

Answer 8

Consideration

Also known as a gift deed

Question 9

formal declaration that the person signing a document is signing it by choice with a real signature

Answer 9

Acknowledgment

Question 10

specifies both the owner’s rights and the limitations on those rights (i.e. prohibited activities)

Answer 10

The habendum clause

Question 11

is a necessary clause within a deed that clarifies the type and extent of interest conveyed by the granting clause. If you see the words “to have and to hold

Answer 11

habendum clause

Question 12

Quiet enjoyment covenant

Answer 12

is a lessee’s right to possess a property without interference from the lessor, previous owner, or anyone else about the claim to the title.

In other words protects you from previous people

Question 13

Further assurance Covenant

Answer 13

is a protection in which a grantor assures that, in the future, they will sign and deliver any conveyance tools needed to obtain a clear title.

Question 14

Also known as the bargain of sale deed with convenants

Answer 14

Special warranty deed

Question 15

What type of deed Implies that the owner holds the right to convey title but does not warranty against encumbrances

Answer 15

Bargain and sale deed

Question 16

Known as a deed without warranty

Answer 16

Bargain & sale deeds

Question 17

Devise

Answer 17

A gift of real property left by a will

Question 18

devisee

Answer 18

The person who receives real property by will

Question 19

Testate

Answer 19

is the name for conditions in which the owner of a property dies having left a valid will.

Question 20

Intestate

Answer 20

is the name for conditions in which the owner of a property dies without having left a valid will.

Question 21

testator

Answer 21

the party who makes a will

Question 22

suit to quiet title.

Answer 22

Serve as a kind of lawsuit against anyone who may want to claim ownership to property when there is a cloud on title

Question 23

Color of title

Answer 23

refers to a title transfer that is defective in a way that is unknown to the new owner. A broken chain of title

Question 24

Constructive notice

Answer 24

occurs when a property’s ownership is recorded publicly so everyone can discover the contents of recorded documents

Question 25

Actual notice

Answer 25

occurs when an individual actually knows of a fact. Actual notice is direct or first-hand knowledge. It can include: Reading a deed Searching title records Physically visiting a property to see who currently has possession

Question 26

Condemnation

Answer 26

is the legal process through which the government seizes land from a property owner usually for eminent domain.

Question 27

A restrictive covenant puts restrictions on a property's:

Answer 27

title

Question 28

The doctrine of laches

Answer 28

is a legal principle used to bar dated claims. if a neighborhood fails to enforce a deed restriction when the violation happens, they may not be able to enforce it later.

Question 29

easement appurtenant

Answer 29

is an easement that exists when two different parties own adjacent parcels of land and one owner has the ability to cross the other's land. It runs with the land so even if he sells property the next person would have this easement

Question 30

Easement in gross

Answer 30

applies to the person or entity, not the specific land. such as a utility co to be allowed to access property for electric lines.

Question 31

What is the difference between easement by prescription and adverse possession?

Answer 31

an easement by prescription grants use of the property, whereas adverse possession grants ownership.

Question 32

Mortgagee

Answer 32

Is the organization or person who lends money (the lender) Mortgag**EE** has two "E"s, and so does L**E**nd**E**r.

Question 33

Mortgagor

Answer 33

is the person who takes a loan out from a bank (the borrower) M**O**rtgag**O**r has two "O"'s, and so does b**O**rr**O**wer.

Question 34

The vendor is the seller or buyer?. The vendee is the seller or buyer?.

Answer 34

The vendor is the seller. The vendee is the buyer.

Question 35

Part of deed that defines or limits ownership interest of the grantee

Answer 35

Habendum clause

Question 36

encumbrance

Answer 36

is a non-possessory interest in a property that burdens the title

Question 37

What must happen to a deed for title to be transferred?

Answer 37

Delivery and Acceptance

Question 38

It is also called **words of conveyance**, and it is needed for a deed to be valid.

Answer 38

Granting Clause

Question 39

Abstract of Title vs Chain of title

Answer 39

As opposed to a thorough and exhaustive chain of title, an abstract of title is an abbreviated history of a property, including info on any transfers, grants, wills, conveyances, liens, or encumbrances

Question 40

(3) three basic types of public land-use controls

Answer 40

**PET** Police Eminent Domain Tax

Question 41

Name 4 Private Land-Use Restrictions

Answer 41

DELL Deed Restrictions Easement Liens Leases

Question 42

Deed restrictions

Answer 42

Also known as **restrictive covenants** are conditions, and restrictions, or CC&Rs often put in by developer What are the two way in which citizens can control how land is used

Question 43

What is the difference between easement in gross and easement appurtenant

Answer 43

Easement in gross applies to person not land and will expire when person dies while easement appurtenant applies to land Here's a helpful way to remember: People are gross and land is permanent (which kind of rhymes with appurtenant).

Question 44

Easement by necessity

Answer 44

If you block off the land from public access they would qualify for easement y necessity to access land

Question 45

Easement by prescription

Answer 45

if you use someone land for 20 years without theIr permission and you are loUd notorious and hostile

Question 46

If an encroachment lasts for more than seven years, what may be created?

Answer 46

Implied easement

Question 47

What Types of liens are these? Property tax and special assessment lien Mortgage lien Construction lien Vendor's lien

Answer 47

Specific Liens

Question 48

What type of liens are these ? Judgment lien Estate tax lien Income tax (IRS) lien

Answer 48

General liens

Question 49

Vendor’s lien is

Answer 49

a specific, involuntary lien that is used when a buyer doesn't take out a loan but also doesn't pay the full purchase price of the property. (This is also called a contract for deed.)

Question 50

A subordination agreement

Answer 50

is used to demote an existing lien in priority, so that a new lien can be in first position.

Question 51

Involuntary alienation

Answer 51

Transfer of title without the owners consent such as a foreclosure

Question 52

Explain how an implied easement and encroachment relate to each other

Answer 52

An implied easement is an encroachment that has existed and continues for more than 7 years

Question 53

Voluntary alienation

Answer 53

Example would be leaving a property to his son in a will by father