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56 Cards in this Set

  • Front
  • Back

Abstract of title

Summary report of what a title search found in the public record

Acknowledgement

Formal declaration before a notary public by the grantor that the grantor’s signing is a free act

Actual notice

Direct knowledge acquired in the course of a transaction such as having actually seen the deed instrument of heard that there is a lien on the property

Adverse possession

Arises when the true owner of record fails to maintain possession and the property is seized by another

Alienation

Act of transferring ownership, title, or an interest in real property

Appurtenance

Right or privilege associated w the property, such as a parking space in a multi unit building

Assignment

When a lessee assigns to another person all of the leased property for the remainder of the lease

Chain of title

Complete successive record of a property’s ownership

Condemnation

Judicial proceeding to exercise the power of eminent domain

Construction lien

Statuatory right of material suppliers or laborers to place a lien on property that has been improved by their supplies or labor

Constructive notice

Accomplished by recording the info in the public records

Deed

Written instrument used to convey title to real property through sale or gift that must be in writing; signed by competent grantor and 2 witnesses and voluntarily accepted by the grantee

Deed restrictions

Part of the deed and affect a particular property’s future use

Easement

Right to enter and use a portion of an owner’s land for a specific use

Easement appurtenant

Benefits an adjacent parcel of land

Easement by necessity

Created through a court of law if a property is landlocked

Easement by prescription

Created through a court of law after longtime uninterrupted use

Easement by gross

Benefits an individual or business entity and is not related to a specific adjacent parcel

Eminent domain

Gives government the power to take land for a public use from an owner through a legal process known as condemnation

Encroachment

Unauthorized use of another persons property created when an improvement crosses over a boundary line

Equitable title

Beneficial interest in real estate that implies than an individual will receive legal title at a future date

Escheat

St of fl can take property of intestate owners without any known heirs

Further assurance

Promise in a general warranty deed that guarantees the grantor will sign and deliver any legal instrument that might be required

General lien

Not restricted to one property but may affect all properties of a debtor

General warranty deed

Most common type of deed conveying re and it contains all the covenants and warranties available to give the most complete protection

Grantee

Persons receiving title to property in a deed

Granting clause

Clause in a deed that contains the premises or the words of conveyance

Grantor

Person giving title to property in a deed

Gross lease

Tenant pays fixed base rent and landlord pays all expenses associated w the property

Ground lease

Agreement for the tenant to lease the land only and erect a building on the land

Habendum clause

Describes type of estate being conveyed and starts w “to have and to hold”

Intestate

Die without will

Involuntary alienation

Person dies intestate and property descends to decedent’s heirs or the property transfers to state through escheat

Junior liens

Characterized by priority based on the date of recording in the public records

Legal title

Ownership of a freehold estate

Lender’s policy

Title insurance issued for the amt of mortgage debt to protect the lender

Lien

Written document that states that a person is owed money and establishes that the party may foreclose in the property if the debt is not satisfied

Mechanics’ liens

Statutory liens created in favor of materialmen and mechanics to secure payment for materials, supplies, and services rendered in the improvement, repair or maintenance of real property

Net lease

Tenant pays fixed rent plus property costs such a yaxes insurance and utilities

Sublease

Lease given by a lessee for a portion of the leasehold interest

Superior liens

Take priority over all over liens 1. Re tax liens 2. Special assessment liens 3. Federal estate tax liens

Testate

To die w a will

Title

Legal concept signifying ownership of a collection of rights to real property

Title insurance

Contract that protects the policyholder from losses arising from defects in the title

Variable lease

Agreement for the tenant to pay specified rent increases based on a predetermined index at set future dates

Voluntary alien

Used to indicate transfer of title is accomplished w the owners control and consent

Warranty forever

Promise I’m a general warranty deed that guarantees the grantor will forever warrant and defend that grantees title against all unlawful claims

Opinion of title

Executed by an attorney after studying the abstract of title

Owners policy

Title insurance issued for the total purchase of the property to protect the new owner

Percentage lease

Tenant pays rent based on gross sales received by doing business on the leased property

Police power

Broadest power of government to limit or regulate the rights of property owners in order to promote the health safety and welfare of the public

Quiet enjoyment

Promise in a general warranty deed that guarantees peaceful possession in disturbed by chain of title

Quitclaim deed

Releases the grantor of any rights in the property that the grantor may have and is used to clear clouds in the title and to cure any title defects

Restrictive covenants

Recorded by the developer along w the subdivision plat to maintain specific standards in the subdivision such as acquiring certain architectural specifications

Seisin

Clause in a deed that is a promise that the grantor has the right to convey title

Specific liens

Apply only to a certain specified property