Study Cards - Tucker School of Real Estate

Chapter 12

Acknowledgment

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Formal statement that a signature is voluntary and not forged. (i.e. Deeds are typically acknowledged by a Notary Public.)

General Warranty Deed

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Deed in which the grantor offers the grantee the greatest assurances that the title conveyed is free and clear of all liens and encumbrances except as noted.

Adverse Possession

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AKA squatter's rights Process by which a claimant in possession of another's land may acquire title if their possession continues for the statutory period in an open, notorious way and without permission of the owner.

Grantee

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Party that receives title through a deed.

Deed

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Instrument by which ownership is conveyed from the grantor to the grantee.

Grantor

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The party who conveys title to the grantee through a deed.

Devise

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A gift of real property through a will.

Habendum Clause

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Clause used in deeds where less than fee simple title is being conveyed. Defines the limits of the title conveyed. (Begins with the words "to have and to hold…") (used to convey a time share interest or create a life estate).

Intestate

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When a person dies without a will. State law would then determine who inherits what.

Probate

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Judicial process to determine the validity of the will, identify heirs, and reconcile all of the decedent's assets and liabilities.

Title

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Ownership of real property.

Transfer Tax

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Used in some states to make the transfer of real property ownership a taxable event.

Quitclaim Deed

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Deed in which the grantor makes no promises or representations regarding quality of the title conveyed or even if the grantor has title. (But whatever interest the grantor has, would convey).

Will

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Instrument by which a person states their wishes as to the disposition of their assets upon their death. Person making the will is known as the testator.