Chapter 9 - Conveyance of Title

Special warranty deed

The grantor promises to warrant and defend title, but only against claims which may have arisen during his or her period of ownership

1. laws of descent 2. the order of a court 3. action of a lender initiating a foreclosure proceeding

The key to determining whether a conveyance is voluntary is the absence of force

alluvion

The material (soil) that is deposited through the process of accretion that is the result of avulsion erosion and reliction

patent

The original conveyance of land by the sovereign is usually done with this document

foreclosure

The process by which a lender exercises its power of sale under mortgage that is in default

condemnation

The process by which the government exercise its right of eminent domain

Torrens system

Under this system, a property owner obtains a certificate much like an automobile title that is recorded in the public records

General warranty deed

A deed in which the grantor promises to warrant and defend the grantee's interest in the property, back to the sovereignty of the soil

Tax deed

A deed which is used to convey title to property sold by the government at a tax sale

Bargain and sale deed

A deed with no guarantees or warranties, the grantor implies ownership or the right to transfer title, but does not provide a warranty of title

Quitclaim deed

A deed with no guarantees, warranties or covenants; the grantor does not even claim to own the property

accretion

A gradual increase in land area through natural forces

restriction

A limitation placed on the new owner by the grantor

avulsion

A sudden addition to or loss of land when a stream or river changes course

codicil

An addition or an amendment to a will

Noncupative will

An oral or deathbed will

Alienation

Any change in the ownership of real property

alienation

Any change in the ownership of real property

Hereditament

Any property whether real or personal, that is capable of being inherited is called

Assemblage or plottage

Combination of two or more properties into one.

adverse possession

Occurs when an individual acquires title from the rightful owner through hostile, actual and continuous occupation of the land for the statutory period

bequest

Personal property that is inherited

devise

Real property conveyed by will

habbendum clause

The "to have and to hold" clause

plottage

The combination of two or more properties into one

Sovereignty of the soil

The government is the original owner of all land

eroision

The gradual loss of land over time as the land bordering a river or stream washes away

holographic

handwritten will