Ch 5 IAAO 601

The three main reasons taxpayers want to combine tracts of land that they own:

1. Reduce property taxes 2. Add a sliver of land to present ownership 3. To build a structure across the adjoining line of two tracts of land in the sand ownership

Two principles cadastral mappers should follow to map property with riparian rights?

1. The land gradually built up by accretion belongs to the riparian owner whose property is attached. 2. If the thread of the River suddenly relocates, avulsion, land detracted by this process still belongs to the person from whom it was detached.

General Warranty Deed

A deed in which the grantor fully warrants good, clear title to the premises. Used in most real estate deed transfers, a general warranty deed offers the greatest protection of any deed.

Special Warranty Deed

A deed in which the grantor warrants, or guarantees, the title only against defects arising during the period of his or her tenure and ownership of the property and not against defects existing before that time, generally using the language, "by, through, or under the grantor but not otherwise."

Deed in Lieu of Foreclosure

A deed to real property accepted by a lender from a defaulting borrower to avoid the necessity of foreclosure proceedings by the lender.

Correction Deed

A deed used to correct minor mistakes in an earlier deed, such as misspelled names or errors in the legal description of the property.

Chain of Title

A history of the ownership affecting title to a parcel of land.

Mineral Rights

A landowner's legal interest in minerals below the surface of his land . Such rights are considered to be appurtenant to the land and may be sold or leased separately.

Riparian Rights

A legal right of a landowner who owns land next to a natural watercourse to reasonable use of whatever water flows past the property.

Lis Pendens

A pending notice of a lawsuit giving notice of a possible claim to the property, and that it is in dispute.

Scrivener's Affidavit

A record instrument executed by a closing attorney to correct minor typographical errors made by the attorney in a prior recorded deed that did not affect the substance or validity of the deed.

Affirmative Easement

An affirmative easement entitles the holder to enter and do something on the servient estate.

The assumption that ownership extends to the centerline of the roadway and adjoining each property owner:

Apportionment of Vacated Street

Statutory Warranty Deed

Deed which provides the grantor conveys and warrants to the grantee the real property free of encumbrances (including undisclosed ones placed on property while grantor was not owner) except as specifically set forth in the deed. Per state statute, deed conveys as of the date of the deed, the entire interest in property and the grantor, heirs, successors, and assigns of the grantor cannot assert later on the grantor did not have the estate or interest to convey. In addition, deed will pass any and all after-acquired title.

Condemnation Deed

Determination property is assigned to public use, subject to reasonable compensation, through the exercise of eminent domain.

Negative Easement

Empower owner to restrict the use of the land subject to the easement.

Riparian lands

Lands bordering or sitting on top of waterways

Reversionary Right

Procedures for the vacationing of dedicated streets and alleys when they are either no longer needed, used, or perhaps, they were never used for public use.

Judgement in Quiet Title

Proceeding to establish a plaintiffs title to land by compelling the adverse claimant to establish a claim or be forever stopped from doing so.

accretion

Slow, gradual build up of alluvion where land firms.

Tax Deed

The deed given to a purchaser at a public sale of land held for nonpayment of taxes. It conveys to the purchaser only such title as the defaulting taxpayer had.

Easement Appurtenant

a right of use that continues from owner to owner that involves a relationship between two parcels of land: a dominant parcel that benefits from a servient parcel (driveway)

Quitclaim Deed

deed that conveys an individual's property rights to another but has none of the covenants of the warranty deed

Alluvion

solid material deposited by a body of water

Easement in Gross

the right to use land for a specific, limited purpose unrelated to any adjacent parcel, it doesn't pass automatically to another person when the easement holder property is sold.

Avulsion

the sudden removal of land by water changing its course. Belongs to the ground as to which it was attached.