Real Estate Law: Eminent Domain and Deeds

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Questions and Answers

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:

  • 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?

  • Special warranty deed
  • Quitclaim deed (correct)
  • General warranty deed
  • Bargain and sale deed

A deed may be considered valid even if:

<p>there is no legal property description (B)</p> Signup and view all the answers

What could potentially invalidate a deed?

<p>A forged signature of the grantor (A)</p> Signup and view all the answers

Which type of deed transfers property without a guarantee of clear title?

<p>Quitclaim deed (C)</p> Signup and view all the answers

What is implied by the buyer acceding to the terms of the contract?

<p>The buyer accepts to fulfill the contract obligations (B)</p> Signup and view all the answers

What role does a title company play during a title search?

<p>They examine property records for claims (B)</p> Signup and view all the answers

What condition is essential for Ned to record the deed?

<p>Ed must have already delivered the deed (B)</p> Signup and view all the answers

What is the process by which real property is naturally added through natural forces?

<p>Accretion (B)</p> Signup and view all the answers

What effect does recording a deed have on the public's awareness of an interest in the property?

<p>It creates constructive notice. (D)</p> Signup and view all the answers

What must occur for a deed to be considered valid?

<p>It must be in writing and signed by the grantor. (A)</p> Signup and view all the answers

What is a cloud on the title?

<p>An encumbrance that can originate from various sources. (C)</p> Signup and view all the answers

Who is entitled to receive personal property bequeathed in a will?

<p>Legatee (B)</p> Signup and view all the answers

What does the term 'escheat' refer to?

<p>Reversion of property to the state (A)</p> Signup and view all the answers

Flashcards

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

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

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

A deed that provides the most protection for the buyer, as it guarantees clear title throughout history and protects against unknown issues.

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Special Warranty Deed

A deed that only guarantees the property ownership during the seller's ownership, not before.

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Deed

A legal document that transfers ownership of real property from one person to another. It must be in writing, signed by the seller, and delivered.

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Lender's Title Insurance

A type of insurance that primarily protects the lender's interests in the property. It covers the lender's financial stake in case of title issues, but doesn't cover the buyer's.

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Owner's Policy of Title Insurance

Protects the buyer's interests in the property and covers potential claims from unknown issues like liens, easements, or encroachments.

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Grant Deed

A legal document that transfers ownership of real property from one person to another.

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Quitclaim Deed

A legal document that releases any interest a person may have in a property, without guaranteeing clear title.

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Title Insurance

A document that proves ownership of a property, typically provided by a title company after a thorough search of public records.

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Public Records

The official public record where documents like deeds and mortgages are filed, making them available for public inspection.

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Recording a Deed

A method of recording legal documents, like deeds, providing notice to the public about the ownership of a property.

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Power of Attorney

A legal document that authorizes someone else to act on your behalf in a specific transaction or situation.

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Title Search

A thorough examination of past legal records to identify any potential claims or issues affecting the ownership of a property.

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ALTA Policy

A type of title insurance policy that provides broader coverage than a standard policy, covering risks like unrecorded easements, rights of parties in possession, and unrecorded mechanic's liens.

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Discrepancy in Grantor's Name

A discrepancy in the name of the grantor on a deed, which may create a cloud on the title and raise questions about the validity of the transfer.

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Escheat

The process by which ownership of property reverts back to the state when there's no legal heir to inherit it.

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Devisee

A person who inherits personal property through a will.

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Testator

A person who prepares and executes a will.

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Standard Title Policy

A type of title insurance policy that provides coverage against risks related to the title, such as liens, encumbrances, and defects in the chain of title.

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Attorney in Fact

A person who is authorized to act on behalf of another person, giving them the ability to buy, sell, or encumber property.

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What is a deed?

A legal document that transfers ownership of real property from one person to another. It must be in writing, signed by the seller, and delivered.

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What is accretion?

A natural process that can add land to a property, such as through soil deposits from a river or a lake.

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What is accession?

A legal principle where ownership changes due to natural or artificial causes. For example, if you build a fence that extends beyond your property, the land it's on might become yours.

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What is a standard title insurance policy?

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.

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What is a mortgagee's policy?

A type of title insurance that protects the lender's interests in the property. It covers the lender's financial stake in case of title issues, but doesn't cover the buyer's.

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What is the significance of recording a deed?

This refers to when a deed is recorded officially. This provides public notice that the ownership of the property has changed.

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What happens if a person dies intestate?

This happens when a person dies without a will. Their property is distributed according to the state's laws.

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Who is a legatee?

A person who receives personal property in a will.

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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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