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
