FINA Chapter 5
Habendum Clause
"To have and to hold" clause. Forms the deed's words of conveyance
Alienation of Title
A change in ownership of any kind
Bargain and Sale Deed
A deed that contains no covenants but does imply that the grantor owns the property being conveyed
Warranty Deed
A deed that contains no covenants; it only implies that the grantor owns the property described in the deed
Land Patent
A document for conveying government land in fee
Quitclaim Deed
A legal instrument used to convey whatever title the grantor has; it contains no covenants, warranties or implication of the grantor's ownership
Executor
A person named in a will to carry out its instructions
Codicil
A supplement or amendment to a previous will
Holographic Will
A will written entirely in one's own handwriting and signed but not witnessed
Covenant
A written agreement or promise
Deed
A written document that, when properly executed and delivered, conveys title to land
Easement by Prescription
Acquisition of an easement by prolonged use
Adverse Possession
Acquisition of land through prolonged and unauthorized occupation
Warranty
An assurance or guarantee that something is true as stated
Cloud on the Title
Any claim, lien or encumbrance that impairs title to property
Consideration
Anything of value given to induce another to enter into a contract
Covenant of Seizin
Grantor warrants that he is the owner and possessor of the property
Special Warranty Deed
Grantor warrants title only against defects occurring during the grantor's ownership
Covenant of Quiet Enjoyment
Grantor warrants to the grantee that the grantee will not be disturbed
Covenant against Encumbrances
Guarantees that the title is not encumbered with any easements, restrictions etc
Will
Instructions stating how a person wants his property disposed of after death
Words of Conveyance
Must be in deed. States that grantor is making a grant of real property to grantee and identifies the quantity of the estate being granted
Land description
Part of deed. Cannot possibly be misunderstood
Dedication
Private land voluntarily donated for use by the public
Statute of Frauds
Requires that transfers of real estate be in writing to be enforceable
Color of Title
Some plausible but not completely clear-cut indication of ownership rights
Grant
The act of conveying ownership
Grantee
The person named in a deed who acquires ownership
Grantor
The person named in a deed who conveys ownership
Accretion
The process of land build-up due to the gradual accumulation of rock, sand and soil
Probate
The process of verifying the legality of a will and carrying out its instructions
Interstate
To de without a will
Executor's Deed
Type of special warranty deed. conveys ownership of testator owned real property
Correction Deed
Used to correct an error in a previously executed and delivered deed
Alluvion
Waterborne soil deposited to produce firm, dry ground
Testate
a person who dies and leaves a valid will
Guardian's Deed
convey a minor's interest in real property
Tax Deed
convey title to real estate that has been sold by the government because of the nonpayment of taxes
Cession Deed
form of a quitclaim deed wherein a property owner conveys street rights to a county or municipality
Sheriff's Deed
issued to new buyer when a person's real estate is sold as the result of a mortgage or other court-ordered foreclosure sale
Annexation
man-made accession
Gift Deed
replacing the recitation of money and other valuable consideration with the statement "in consideration of his natural love and affection"
Covenant of further assurance
requires grantor to procure and deliver to the grantee any subsequent documents that might be necessary to make good the grantee's title
Reliction
results when a lake, sea or river permanently recedes, exposing dry land
Remise
to give up any existing claim one may have (release)
Probate/surrogate court
upon death, the deceased's will must be filed with a court having power to admit and certify wills
