Chapter 7 - Title Matters

sheriff's deed

A deed given by court order in connection with the sale of a property to satisfy a judgment.

Special Warranty Deed

A deed in which the grantor warrants or guarantees the title only against defects arising during the grantor's ownership of the property and not against defects existing before the time of the grantor's ownership.

Quitclaim Deed

A deed to relinquish any interest in property which the grantor may have, without any warranty of title or interest.

Warranty Deed

A deed used to convey real property which contains warranties of title and quiet possession, and the grantor thus agrees to defend the premises against the lawful claims of third persons.

Acknowledgement

A formal declaration made before an authorized person, e.g., a notary public, by a person who has executed an instrument stating that the execution was his or her free act.

Acknowledgment

A formal declaration made before an authorized person, e.g., a notary public, by a person who has executed an instrument stating that the execution was his or her free act.

legal description

A land description recognized by law; a description by which property can be definitely located by reference to government surveys or approved recorded maps.

grant deed

A limited warranty deed using the word "grant" or like words that assures a grantee that the grantor has not already conveyed the land to another and that the estate is free from encumbrances placed by the grantor.

grantor

A person who transfers his or her interest in property to another by grant.

Grant

A technical legal term in a deed of conveyance bestowing an interest in real property to another. The words "convey" and "transfer" have the same effect

Deed

A written instrument which when properly executed and delivered conveys title to real property from one person (grantor) to another (grantee)

Bargain and Sale Deed

Any deed that recites a consideration and purports to convey the real estate; a bargain and sale deed with a covenant against the grantor's act is one in which the grantor warrants that grantor has done nothing to harm or cloud the title.

Consideration

Anything given or promised by a party to induce another to enter into a contract, e.g., money, personal services, or even love and affection.

Acceptance

The act of agreeing or consenting to the terms of an offer thereby establishing the "meeting of the minds" that is an essential element of a contract.

Recording

The process of placing a document on file with a designated public official for public notice. This public official is usually a county officer known as the County Recorder who designates the fact that a document has been presented for recording by placing a recording stamp upon it indicating the time of day and the date when it was officially place on file. Documents filed with the Recorder are considered to be placed on open notice to the general public of that county.

involuntary alienation

The transfer of title to real property as a result of a lien foreclosure sale, adverse possession, the filing of a petition in bankruptcy, or condemnation under power of eminent domain or upon the death of the titleholder, to the State when there are no heirs.

Voluntary Alienation

Transfer of title to an asset with the consent of the owner.

grantee

a person to whom a grant is made

Habendum Clause

the "to have and to hold" clause which may be found in a deed