Title Flashcards

1
Q

Abstract of Title

A

History of property

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2
Q

Accession

A

Right to use what’s on your land

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3
Q

Adverse Possession

A

Involuntary transfer of the title when owner does not use or inspect land for 10 years to another person who has some claim to the land

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4
Q

Affidavit of Disclosure

A

Required in unincorporated area; 5 or fewer parcels; must be provided to buy at least 7 days prior to transfer

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5
Q

Affirmative Easement

A

Gives someone right to use someone else’s land for a specific purpose

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6
Q

Alienation

A

Transfer of ownership

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7
Q

Alienation Clause

A

Right of lender to demand payment in full upon sale due on sale

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8
Q

Appurtenances

A

Rights that run with real property ownership. Most often transferred with property, POSSIBLE to sell separately. Rights: air, water, surface, subsurface

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9
Q

Bundle of Rights (6 QC Pete)

A

Quiet Enjoyment, Control, Possession, Exclusion, Transfer, Encumber

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10
Q

Bargain & Sale Deed

A

W/O covenants or warranties against encumbrances that ONLY implies grantor has possession or property and the right to convey title

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11
Q

Assignment

A

The transference of rights and obligations in a contract from one party to another

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12
Q

Assemblage

A

The combining of multiple properties into single tract of land; increases value

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13
Q

Color of Title

A

Title transfer is defective that is unknown to buyer

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14
Q

Cloud

A

Any claim to or encumbrance on the title

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15
Q

Chattel

A

Personal property

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16
Q

Certificate of Title

A

Document prepared by title attorney - provides chain of title opinion on marketability

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17
Q

Cease & Desist Order

A

Order issues by ADRE to stop a licensee from engaging in a certain behavior

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18
Q

Contract for Deed

A

Seller holds title until fully paid for, installment sales contract or land contract

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19
Q

Contribution

A

Amount of market value from improvement

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20
Q

Conveyance

A

Instrument that transfers grantor’s interest

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21
Q

Covenant of Seisin

A

Grantor states they hold the title

22
Q

Demise

A

Transfer by lease

23
Q

Devise

A

Transfer through will

24
Q

Estoppel

A

Prevents someone from asserting something contrary to which was implied by previous words or deeds by that individual

25
Tax Base
Total taxable assets available in a certain area
26
Ad Valorem Taxes
Tax on assessed value
27
Dominant Tenement
Land that benefits from easement appurtenant; right to cross another owner's adjacent land
28
Easement in Gross
Easement applies to person not land
29
Easement by Condemnation
Easement in which private property is transferred to public use via eminent domain
30
Fee Simple Defeasible
Used for purposes, reverts back to original owner if violated
31
General Lien
Real estate AND personal property sold to satisfy debt
32
Habendum Clause
Type/extent of interest conveyed by granting clause
33
Intestate
Owner dies, no will
34
Joint Venture
One-off collaboration vs ongoing investing group
35
Master Deed
Convey condo
36
Partition Suit
Legal action of terminating ownership of co-owner
37
Probate
Court determines ownership to creditors, taxing, heir after own dies intestate
38
Pur Autre Vie
Life estate - ownership lasting only for the duration of a a disignated party's lifetime
39
Quitclaim Deed
Conveys interest, title, or right to parcel of land the grantor has at the time deed is executed
40
Remainder Interest
Interest in estate passes to another party at death of owner
41
Reversionary Interest
Interest in estate, full ownership reverts to original owner after death of current owner
42
Severalty
Undivided ownership, with an interest that is exclusive from other owners
43
Special Warranty Deed
Deed that only protects against defects that occurred while grantor held title
44
Statute of Frauds
Law that certain contracts to be in writing to be enforceable
45
Subordination Agreement
Contract that gives mortgage recorded at a later date priority over a previously recorded mortgage
46
Syndicate
Group of investor combine resources to make improvements that they couldn't make on their own
47
Tenancy in Common
Co-ownership with individual, undivided interest in property, includes rights of inheritance rather than survivorship
48
Torrens System
Recording system used in some states, state holds all records of title/land ownership, evidence by a certificate of title
49
Unilateral Contract
Must keep promises after 2nd party accepts offer
50
Specific Performance
Legal remedy requires party in breach to perform w/contract as opposed to paying damages