a document which passes title to land from the government to a private party

this is the ultimate source of title for all private ownership of land

1.  warranty deed

2.  special warranty deed

3.  quitclaim deed

4.  court ordered

5.  trustee's deed 

grantor makes 5 basic promises that warrant against defects in title that arose before or during grantor's tenure:

1.  covenant of seisin

2. covenent of right to convey

3. covenant against encumbrances

4. covenant of quiet enjoyment

5. covenant of warranty

promise that grantor has power to make the conveyance

(grantor has title to the interest or is an agent of the owner with authority to transfer interest)

contains no warranties and does not convey 'after-acquired title'.  it only conveys the interest the grantor has when the deed is delivered (and nothing at all if grantor has no interest at that time)

used to cure 'clouds' on title

used when grantor is unsure of validity of title and wishes to avoid giving any warranties

a title defect, often the result of a technical flaw in an earlier conveyance

1.  be in writing

2. identify the parties

3. signed by a competet grantor

4. have a living grantee

5. contain words of conveyance (granting clause)

6. include an adequate description of the property

occurs when the grantor swears before a notary public or other officil witness that her signature is genuine and voluntary

a deed must be acknowledged to be recorded

"to have and to hold" clause

it states the nature of the interest the grantor is conveying

1.  in writing

2.  signed by the person making it (the testator)

3. attested to by at lest 2 competent witnesses

an oral will made on one's deathbed with 2 witnesses present and that can only transfer personal property worth less than $1,000.

if person recovers, no longer valid

an unwitnessed will written entirely in the testator's own handwriting.

Not legal in WA state unless was executed in a state where they are legal and the person later moves to WA and does not create a new will

when a private owner gives real property to the public

can be voluntary, but often is not

when a private owner gives land for public use in exchange for them being able to build, divide it, use it, etc.

ex: a land developer must dedicate public streets, sidewalks, etc.

when property is passed back to the state because a person who died intestate has no recongnized heirs

abandoned property can also revert to the state through escheat

the government's POWER to condemn property

requires:

1. land used for the public

2. owner must recieve just compensation

(fair market value)

this action is used to remove a cloud on the title when it cannot be cleared by more peaceful terms and a quitclaim deed

court decides questions of ownership

1. actual

2. open and notorious

3. hostile to the owner's interest

4. exclusive

5. continuous and uninterrupted for specific time period

1. accretion

2. reliction

3. avulsion

1. it gives 'the world' constructive notice

2. creates the presumption that the recorded instrument is valid and effective