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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 |
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Acknowledgement |
Formal declaration before a notary public by the grantor that the grantor’s signing is a free act |
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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 |
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Adverse possession |
Arises when the true owner of record fails to maintain possession and the property is seized by another |
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Alienation |
Act of transferring ownership, title, or an interest in real property |
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Appurtenance |
Right or privilege associated w the property, such as a parking space in a multi unit building |
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Assignment |
When a lessee assigns to another person all of the leased property for the remainder of the lease |
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Chain of title |
Complete successive record of a property’s ownership |
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Condemnation |
Judicial proceeding to exercise the power of eminent domain |
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Construction lien |
Statuatory right of material suppliers or laborers to place a lien on property that has been improved by their supplies or labor |
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Constructive notice |
Accomplished by recording the info in the public records |
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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 |
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Deed restrictions |
Part of the deed and affect a particular property’s future use |
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Easement |
Right to enter and use a portion of an owner’s land for a specific use |
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Easement appurtenant |
Benefits an adjacent parcel of land |
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Easement by necessity |
Created through a court of law if a property is landlocked |
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Easement by prescription |
Created through a court of law after longtime uninterrupted use |
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Easement by gross |
Benefits an individual or business entity and is not related to a specific adjacent parcel |
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Eminent domain |
Gives government the power to take land for a public use from an owner through a legal process known as condemnation |
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Encroachment |
Unauthorized use of another persons property created when an improvement crosses over a boundary line |
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Equitable title |
Beneficial interest in real estate that implies than an individual will receive legal title at a future date |
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Escheat |
St of fl can take property of intestate owners without any known heirs |
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Further assurance |
Promise in a general warranty deed that guarantees the grantor will sign and deliver any legal instrument that might be required |
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General lien |
Not restricted to one property but may affect all properties of a debtor |
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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 |
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Grantee |
Persons receiving title to property in a deed |
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Granting clause |
Clause in a deed that contains the premises or the words of conveyance |
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Grantor |
Person giving title to property in a deed |
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Gross lease |
Tenant pays fixed base rent and landlord pays all expenses associated w the property |
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Ground lease |
Agreement for the tenant to lease the land only and erect a building on the land |
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Habendum clause |
Describes type of estate being conveyed and starts w “to have and to hold” |
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Intestate |
Die without will |
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Involuntary alienation |
Person dies intestate and property descends to decedent’s heirs or the property transfers to state through escheat |
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Junior liens |
Characterized by priority based on the date of recording in the public records |
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Legal title |
Ownership of a freehold estate |
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Lender’s policy |
Title insurance issued for the amt of mortgage debt to protect the lender |
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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 |
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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 |
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Net lease |
Tenant pays fixed rent plus property costs such a yaxes insurance and utilities |
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Sublease |
Lease given by a lessee for a portion of the leasehold interest |
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Superior liens |
Take priority over all over liens 1. Re tax liens 2. Special assessment liens 3. Federal estate tax liens |
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Testate |
To die w a will |
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Title |
Legal concept signifying ownership of a collection of rights to real property |
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Title insurance |
Contract that protects the policyholder from losses arising from defects in the title |
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Variable lease |
Agreement for the tenant to pay specified rent increases based on a predetermined index at set future dates |
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Voluntary alien |
Used to indicate transfer of title is accomplished w the owners control and consent |
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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 |
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Opinion of title |
Executed by an attorney after studying the abstract of title |
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Owners policy |
Title insurance issued for the total purchase of the property to protect the new owner |
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Percentage lease |
Tenant pays rent based on gross sales received by doing business on the leased property |
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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 |
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Quiet enjoyment |
Promise in a general warranty deed that guarantees peaceful possession in disturbed by chain of title |
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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 |
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Restrictive covenants |
Recorded by the developer along w the subdivision plat to maintain specific standards in the subdivision such as acquiring certain architectural specifications |
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Seisin |
Clause in a deed that is a promise that the grantor has the right to convey title |
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Specific liens |
Apply only to a certain specified property |