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Questions and Answers
Which entities have the power to exercise eminent domain?
Which entities have the power to exercise eminent domain?
- cities
- public utilities
- public universities
- All of the above (correct)
Accession occurs when property is passed to:
Accession occurs when property is passed to:
- individuals holding joint tenancy
- any person upon signing a purchase agreement
- heirs according to the law of intestacy (correct)
- purchasers under an option agreement
Which type of deed is least likely to include implied covenants made by the grantor?
Which type of deed is least likely to include implied covenants made by the grantor?
- Special warranty deed
- Quitclaim deed (correct)
- General warranty deed
- Bargain and sale deed
A deed may be considered valid even if:
A deed may be considered valid even if:
What could potentially invalidate a deed?
What could potentially invalidate a deed?
Which type of deed transfers property without a guarantee of clear title?
Which type of deed transfers property without a guarantee of clear title?
What is implied by the buyer acceding to the terms of the contract?
What is implied by the buyer acceding to the terms of the contract?
What role does a title company play during a title search?
What role does a title company play during a title search?
What condition is essential for Ned to record the deed?
What condition is essential for Ned to record the deed?
What is the process by which real property is naturally added through natural forces?
What is the process by which real property is naturally added through natural forces?
What effect does recording a deed have on the public's awareness of an interest in the property?
What effect does recording a deed have on the public's awareness of an interest in the property?
What must occur for a deed to be considered valid?
What must occur for a deed to be considered valid?
What is a cloud on the title?
What is a cloud on the title?
Who is entitled to receive personal property bequeathed in a will?
Who is entitled to receive personal property bequeathed in a will?
What does the term 'escheat' refer to?
What does the term 'escheat' refer to?
Flashcards
Eminent Domain
Eminent Domain
The government's right to take private property for public use, even if the owner doesn't want to sell. This is allowed under the Fifth Amendment to the US Constitution and is used for roads, schools, or other public projects.
Standard Policy of Title Insurance
Standard Policy of Title Insurance
A type of title insurance that protects the buyer's interests in the property. It covers issues like forged deeds, incorrect property descriptions, or undisclosed liens that were not found in public records.
Accession
Accession
A legal principle where property ownership changes due to natural or artificial causes like adding land through soil deposits or building a structure that extends beyond the boundaries of the property.
General Warranty Deed
General Warranty Deed
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Special Warranty Deed
Special Warranty Deed
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Deed
Deed
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Lender's Title Insurance
Lender's Title Insurance
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Owner's Policy of Title Insurance
Owner's Policy of Title Insurance
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Grant Deed
Grant Deed
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Quitclaim Deed
Quitclaim Deed
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Title Insurance
Title Insurance
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Public Records
Public Records
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Recording a Deed
Recording a Deed
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Power of Attorney
Power of Attorney
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Title Search
Title Search
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ALTA Policy
ALTA Policy
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Discrepancy in Grantor's Name
Discrepancy in Grantor's Name
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Escheat
Escheat
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Devisee
Devisee
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Testator
Testator
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Standard Title Policy
Standard Title Policy
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Attorney in Fact
Attorney in Fact
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What is a deed?
What is a deed?
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What is accretion?
What is accretion?
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What is accession?
What is accession?
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What is a standard title insurance policy?
What is a standard title insurance policy?
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What is a mortgagee's policy?
What is a mortgagee's policy?
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What is the significance of recording a deed?
What is the significance of recording a deed?
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What happens if a person dies intestate?
What happens if a person dies intestate?
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Who is a legatee?
Who is a legatee?
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Study Notes
Eminent Domain
- The power of eminent domain can be used by cities, public utilities, and public universities
- All of the above
Title Insurance
- Standard title insurance protects against forgery, lack of capacity in previous transactions affecting title, easements/liens not shown in public records, and delivery of a deed without intent to convey
- A lender's policy protects a mortgagee
- an owner's policy covers the seller's interests
- An owner's policy covers rights, such as water/mineral rights, but does not require a survey
- Owner's policies do not cover undisclosed encroachments
Deed Validity
- A deed can be valid even without being written
- A deed needs to be signed by the grantor
- A deed requires a description of the property
- Grantee legally incompetent may still result in a valid deed
Types of Deeds
- A general warranty deed contains implied covenants from the grantor
- A special warranty deed contains fewer implied covenants than a general warranty deed
- A quitclaim deed provides the fewest implied covenants
Title Search Records
- Title companies should look over records in county clerk's offices, county recorder's offices, and federal land offices.
Recording Deeds
- Recording a deed creates a presumption of acknowledgment, delivery, and acceptance
- Recording ensures the transfer of deed occurs with grantor delivering the deed and grantee accepting it
- Recording provides constructive notice of interests, so the public can see a deed and its contents
Accession
- Accession occurs when property is expanded through natural processes
- Accession describes the addition of land through natural causes
Title Cloud
- A discrepancy in a grantor's name can create a cloud on title, potentially hindering clear ownership.
Power of Attorney
- A power of attorney allows someone to sell a property on behalf of the owner
- The power of attorney should include a description of the property
Escheat
- Escheat refers to the reversion of property to the state when a person dies without heirs
Will Beneficiary
- A devisee receives real property in a will
- A legatee inherits personal property from a will
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