Chapter 9 Section 2

Question 1

alienation of title

Answer 1

-transferring or conveying ownership to another is called alienation of title
-accomplished by executing a deed

Question 2

parties to a deed

Answer 2

-grantor conveys ownership to another
-grantee gains ownership
-deeds do NOT need to be notarized in order to be valid but no documents may be recorded unless it is acknowledged

Question 3

requirements of a valid deed

Answer 3

-must be in writing
-grantor and grantee must be named
-grantor must have legal capacity (of age and have the right) to convey ownership
-consideration must be described (rarely ever includes price)
-granting clause or words of conveyance must be included
-habendum clause must include the ownership interest (rights)
-legal description of property must be provided
-deed must be signed by grantor and witnessed by 2 people (grantee doesnt need to sign)
-title is not delivered until the deed is voluntarily given and voluntarily received

Question 4

premises (granting) clause

Answer 4

-the only legally necessary clause required in a deed
-names parties, contains words of conveyance, states a consideration, includes the date of transfer, and provides the legal description of the property being conveyed

Question 5

habendum clause

Answer 5

-specifies the legal rights being conveyed
-the portion of the bundle of legal rights being conveyed is described in this clause, such as “fee simple forever” or “in a life estate”

Question 6

reddendum clause

Answer 6

-used to reserve a right in the title, not the land, such as a remainder estate

Question 7

warrants or covenants

Answer 7

-clauses containing promises (warranties or guarantees) made by the grantor to the grantee

Question 8

warrant (covenant) of seisin

Answer 8

-a claim of ownership by the grantor
-assures the grantee that the grantor owns and has the legal right to convey the property

Question 9

covenant of warranty forever

Answer 9

-an assurance by the grantor that the grantee will enjoy possession and uninterrupted use of the property

Question 10

warrant of quiet enjoyment

Answer 10

-a promise by the grantor that assures the grantee that they will not suffer hostile claims against the ownership of the property

Question 11

warrant of further assurance

Answer 11

-a promise by the grantor to take whatever action is necessary to protect and defend the title now and in the future

Question 12

warrant against encumbrances

Answer 12

-assures the grantee that there are no encumbrances against the property other than those discloses in the deed
-the grantor would remain responsible for liens or claims not specified in the deed

Question 13

quitclaim deed

Answer 13

-contains no warrants of any kind from the grantor
-grantor states any interest in the property is relinquished to the grantee
-most frequently used to cure defects in title

Question 14

bargain and sale deed

Answer 14

-grantor grants, bargains, and sells the property to the grantee
-grantor makes no promise to defend the title if problems should later arise
-contains ONLY a warrant of seisin

Question 15

special warranty deed

Answer 15

-a type of bargain and sale deed
-grantor grants, bargains, and sells the property, but offers protection to the grantee only for claims made by the grantor, the grantor’s assignee, or others who represent them

Question 16

general warranty deed

Answer 16

-grantor grants, bargains, and sells the property to the grantee
-grantor promises to defend the title against any and all claims
-best protection to grantee
-if a real estate sales contract does not specify the type of deed to be given, a general warranty deed must be used

Question 17

guardian’s deed

Answer 17

-used to convey the property of a minor
-the guardian is the grantor who acts on the behalf of the minor
-minors may always be a grantee

Question 18

tax deed

Answer 18

-used to grant ownership to a government body when the property owner did not pay the property taxes
-gives the government the authority to sell the property to collect the delinquent taxes and transfer the property to the purchaser in a tax deed sale

Question 19

master deed

Answer 19

-the instrument used by a developer to convey land to a condominium association in anticipation of development of the project
-once awarded, the condominium association owns the entire property, and individual units within the project may be sold according to the declaration and plat filed by the developer

Question 20

unit deed

Answer 20

-a form of general warranty deed used to convey ownership of individual condominium units from the association to the public

Question 21

committee’s deed

Answer 21

-used to convey the property of a mentally incompetent person

Question 22

personal representative’s deed

Answer 22

-used to convey the property of an individual who died intestate

Question 23

certificate of title

Answer 23

-used to show ownership in the event of foreclosure