Transfer of title Real Estate
Quitclaim Deed
A conveyance by which the grantor transfers whatever interest he or she has in the real estate, without warranties or obligations.
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"
Bargain and Sale Deed
A deed that carries with it no warranties against liens or other encumbrances but that does imply that the grantor has the right to convey title. The grantor may assign warranties to the deed as to his or her discretion.
Reconveyance Deed
A deed used by a trustee under a deed of trust to return title to the trustor.
Legacy
A disposition of money or personal property by will.
Release Deed
A document also known as a deed of reconveyance, that transfers all rights given a trustee under a deed of trust loan back to the grantor after the loan has been fully repaid.
Acknowledgement
A formal declaration made before a duly authorized officer, usually a notary public, by a person who has signed a document
Devise
A gift of real property by will. The donor is the devisor, and the recipient is the devisee.
Patent
A grant of franchise of land from the United States government
Probate
A legal process by which a court determines who will inherit a decedents property and what the estate assets are.
Grantee
A person who receives a conveyance of real property from a grantor.
Codicil
A supplement or an addition to a will, executed with the same formalities as a will, which normally does not revoke the entire will.
Conveyance
A term used to refer to any document that transfers title to real property. The term is also used in describing " the act of transferring."
Holographic Will
A will that is written, date and signed in the testators handwriting.
Deed
A written instrument that, when executed and delivered, conveys title to or an interest in real estate.
Descent
Acquisition of an estate by inheritance in which an heir succeeds to the property by operation of law.
Trust deed
An instrument used to create a mortgage lien by which the borrower conveys title to a trustee, who holds it as security for the benefit of the note holder(lender) also called a deed of trust.
Tax deed
An instrument, similar to a certificate of sale, given to a purchaser at a tax sale.
Nuncupative Will
An oral will declared by the testator in his of her final illness, made before witnesses and afterward reduce to writing.
Heir
On who might inherit or succeed to an interest in land under the state law of descent, when the owner dies without leaving a valid will.
Alienation
The act of transferring property to another. Alienation may be voluntary, such as by gift or sale, or involuntary, as through eminent domain or adverse possession.
Intestate
The condition of a property owner who dies without leaving a valid will. Title to the property will pass to the decedents heirs as provided in the state law of descent.
Habendum Clause
The part of a deed beginning with the words, "to have and to hold," following the granting clause and defining the extent of ownership the grantor is conveying.
Grantor
The person transferring title to or an interest in real property to a grantee.
Granting Clause
Words in a deed of conveyance that state the grantors intention to convey the property at the present time. This clause is generally worded as " Convey and Warrant","Grant," "Grant, bargain and sell:" or the like.
Trustees deed
a deed executed by a trustee conveying land held in a trust.
testator
a person who has made a valid will, a woman often referred to as a testatrix although testator can be used for either gender.
testate
having made a valid will