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