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Chapter 7
Transfer of Title
22
Real Estate & Planning
Post-Graduate
06/10/2016

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Term
Title
Definition
Right to ownership of the land; it represents the owner's bundle of legal rights. Also serves as evidence of ownership.
Term
Voluntary Alienation
Definition
Legal term for the transfer of title during the property owner's lifetime.
Term
Deed
Definition
Document by which an owner of real estate conveys the right, title, or interest owned in the parcel of real estate to someone else.
Term
Grantor
Definition
The owner who is transferring property.
Term
Grantee
Definition
The person receiving the property from a Grantor.
Term
Granting clause
Definition
Words or conveyance in a deed that states the grantor's intention to convey the property.
Term
habendum clause
Definition
May follow the granting clause in a deed. Begins with the words "to have and to hold."
Term
acknowledgement
Definition
Formal declaration under oath that the person who signs a written document does so voluntarily and that the signature is genuine.
Term
General Warranty Deed
Definition
Provides the greatest protection to the buyer because the grantor is legally bound by certain covenants or warranties.
Term
Special warranty deed
Definition
Contains two basic warranties:
1. That the grantor received title.
2. That the property was not encumbered during the time the grantor held title, except as otherwise noted in the deed.
Term
Bargain and Sale Deed
Definition
Contains no express warranties against encumbrances, but it does imply that the grantor holds title and possession of the property.
Term
Quitclaim Deed
Definition
Provides the guarantee with the lease protection of any deed. It carries no covenants or warranties and generally conveys only whatever interest the grantor may have when the deed is deliveredd
Term
Deed of Trust
Definition
The means by which a trustor conveys real estate to a trustee for the benefit of a beneficiary.
Term
Reconveyance Deed
Definition
Used by a trustee to return title to the trustor.
Term
Trustee's Deed
Definition
Deed executed by a trustee.
Term
Transfer Tax
Definition
Payable when the deed is recorded.
Term
Involuntary Alienation
Definition
Title transferred without the owner's consent.
Term
Intestate
Definition
Die without a valid will.
Term
Adverse Possession
Definition
Another form of involuntary transfer. An individual makes claim to a property, takes possession by excluding the true owner.
Term
ONCHA
Definition
1. Open
2. Notorious
3. Continuous
4. Hostile
5. Adverse
Term
Probate
Definition
Formal judicial process where successor of property is recognized, claims against the property will be satisfied, etc.
Term
Devise
Definition
The gift of property by will.
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