ARE Unit 7

Under the covenant of quiet enjoyment, grantors

ENSURE THAT THE TITLE WILL BE GOOD AGAINST THE TITLE CLAIMS OF THIRD PARTIES. Quiet enjoyment means freedom from claims of third parties—persons other than grantor and grantee.

A title is not considered transferred until the deed is actually delivered to and accepted by the grantee. The grantor must deliver the deed to the grantee personally.

False

An oral will is called a holographic will.

False

Every deed must be signed by the

GRANTOR. Either the grantor, or someone acting under the grantor's authority, must execute (sign) every deed, and the grantor must have legal capacity to do so.

Generally, where does a probate proceeding involving real property take place?

IN BOTH THE COUNTY WHERE THE DECEDENT RESIDED AND THE COUNTY IN WHICH THE PROPERTY IS LOCATED. There will be two probates conducted: one in the county where the decedent resided and another in the county where the real estate is located.

A sale to satisfy delinquent tax or mortgage liens is an example of

INVOLUNTARY ALIENATION. A sale to satisfy delinquent tax or mortgage liens is an example of involuntary alienation.

Title to real estate may be transferred during a person's lifetime by

INVOLUNTARY ALIENATION. Transfer of title by devise (will), descent (death intestate), and escheat (for lack of a will and lack of heirs) all occur after death. Involuntary alienation, such as condemnation, foreclosure sale, or tax sale, can occur during a person's lifetime.

When a person dies intestate (with no will), the title to the real estate passes to the state, an example of

INVOLUNTARY ALIENATION. When a person dies intestate (with no will), the title to the real estate passes to the state, an example of involuntary alienation.

Deeds to real estate can be signed only by an authorized officer.

True

In order to establish title by adverse possession, there must be proof of nonpermissive use that is actual, open, notorious, exclusive, and adverse for the statutorily prescribed period.

True

The owner who transfers the title is called the grantor, and the person who acquires the title is called the grantee.

True

The person who makes a will is called the testator.

True

Title to property may be transferred without the owner's consent by involuntary alienation.

True

Implies that the grantor holds title and possession of the property.

bargain and sale

Contains no express warranties against encumbrances.

bargains and sale

Uninterrupted use.

continuous

Gift of real property by will.

devise

Person who receives real property by will.

devisee

Grantor is legally bound by certain covenants (promises) or warranties.

general warranty

Provides the greatest protection to the buyer.

general warranty

Without the true owner's consent.

hostile

Person's death without a will.

intestate

Known by others.

notorious

Obvious to anyone who looks.

open

Carries no covenants or warranties and generally conveys only whatever interest the grantor may have when the deed is delivered.

quitclaim

Provides grantee with the least protection of any deed.

quitclaim

Provides the protection that the grantor received title and that the property was not encumbered during the time the grantor held title, except as otherwise noted in the deed.

special warranty

Person who makes a will.

testator

A corporation can convey real estate only by authority granted in its bylaws or on a proper resolution passed by its board of directors. If all or a substantial portion of a corporation's real estate is being conveyed, usually a resolution authorizing the sale must be secured from the shareholders

true

A woman bought acreage in a distant county, never went to see the acreage, and did not use the ground. A man moved his mobile home onto the land, had a water well drilled, and lived there for 22 years. The man may become the owner of the land if he has complied with the state law regarding

ADVERSE POSSESSION. Adverse possession is (hostile) possession of real estate without the permission of the owner and contrary to the owner's best interests. If it continues in an open, conspicuous (notorious) way for the time set by statute (the statutory period), the adverse possessor may take legal action to be declared the owner on the basis of all these facts.

A valid will devises a decedent's real estate after payment of all debts, claims, inheritance taxes, and expenses through the

COURT ACTION KNOWN AS PROBATE. For the title to pass to the devisees, state laws require that on the death of a testor, the will must be filed with the court and probated. Probate is the legal procedure verifying the validity of a will accounting for the decedent's assets.

Real estate that is inherited from a person who died testate is called a

DEVISE. The gift of real property by will is known as a devise, and the person who receives property by will is known as a devisee.