or will, or involuntarily by adverse possession or intestate

Chapter 2 Section 9 Alienation, Wills and Deeds Flashcards Alienationis a term referring to any type of transfer of ownership of real property. It can be accomplished voluntarily by a deed or will, or involuntarily by adverse possession or intestate succession. Occasionally restraints are placed on an owner's ability to transfer property. However, one of the bundle of rights inherent in ownership of land is the right to convey the property or transfer title.There are several requirements that must be met to create

a valid, legally enforceable deed:

-Grantor-Grantee-Consideration-Words of conveyance-Legal description-Reservations, exceptions and restrictions (if any)-Signature of the grantor; sometimes with witnesses and acknowledgement-Delivery and acceptance (or registration - Torrens System only) -Title by accession-Title by accession describes the acquisition of additional land and/or improvements under certain unusual

circumstances. Ex: owner A builds a shed on owner B's

property with no written provision for removal. Owner B may acquire title to the shed by accession. This could happen of the court determined that since there was no agreed upon provision to remove the shed at some future date, then the original intention was for the shed to remain forever.-General warranty deed-General warranty deed; is a conveyance by which the grantor fully warrants, or guarantees, clear title to the real estate being sold. It offers the greatest possible protection and is the most common type of deed used.Intestate vs Testate successionThe heirs or devisees that take title pursuant to a will do so by virtue of testate succession, the term "testate" indicating the existence of a valid will. If a property owner dies without a will (or with a defective will) and there is no survivorship provision in the chain of title, he is said to have died intestate.Premises clause-Premises clause; sometimes called the granting clause because it contains the words of conveyance, states the names of the parties involved, the extent of ownership, recites the consideration and legally describes the property.Granteemust be identified, and cannot be solely the grantor (a person may not deed a piece of property to himself only, but can deed it to himself and another jointly). Minors and incompetents are valid grantees.Voluntary Alienation; Public Grant-A public grant is a transfer of title from the government to an individual. A special deed known as a patent deed is

used for a public grant.

-Title by estoppel-Title by estoppel (deed by estoppel) is a legal principle whereby a person may obtain title to real property over the apparent owner, because the apparent owner has failed to act in such a manner as to put everyone on notice as to his

rights in the property. EX: a buyer fails to take possession

of his property and fails to record his deed. The original seller fraudulently sells the same property to a second buyer who has no knowledge of the prior sale. The second buyer records and/or takes possession. The court may recognize the second buyer as the true owner, in which case the first buyer will be estopped from belatedly proving his title.-Foreclosure-Foreclosure due to unpaid debts (mortgage loans, property taxes and other liens) also results in the transfer of ownership of real property without the owner's consent.Devise-Devise; a gift of real property; devisee-someone who receives real property by will; personal property conveyed by will is known as a bequest or legacy.Holographic-Holographic will is one that is written in the testator's own handwriting but is not witnesses or acknowledged.Testate SuccessionThe heirs or devisees that take title pursuant to a will do so by virtue of testate succession, the term "testate" indicating the existence of a valid will. If a property owner dies without a will (or with a defective will) and there is no survivorship provision in the chain of title, he is said to have died intestate.-Reservations, exceptions and restrictions (if any)a reservation is the right retained by the grantor (such as an easement). An exception is when the grantor retains fee title to a part of the land - the grantor excepts a portion of the property for himself. A deed restriction is usually imposed by the original developer.-Patent deedused to convey title to real estate from the US govt to an individual.-Bargain and sale deed-Bargain and sale deed; is a conveyance by which the grantor conveys property but does not agree to warrant or defend the title in any way. He implies the warranty of seisin.Probate-Probate; with or without a will, the estate is always subject to probate. It is the formal, legal process by which a court reviews the distribution of a deceased person's estate. In the case of a will, the court determines the validity of the will, the extent of the assets, and see that the assets are distributed properly, making sure that legitimate debts and taxes are paid.

-Signature of the grantor; sometimes with witnesses and acknowledgement the grantor must sign the deed. In some states the signature must be witnessed and/or notarized. The grantee may also be required to sign if he is assuming a mortgage or agreeing to abide by a restrictive provision.Voluntary Alienation; DeedA deed of conveyance is the most common method of acquiring title to real property and is a written instrument used to transfer title voluntarily.Frequently used covenants:Frequently used covenants:-Covenants of seisin-Covenants of quiet enjoyment-Covenants against encumbrances-Covenants of warranty forever-Covenants of further assurances-Covenants against grantor's acts -Covenants of warranty foreverassures the grantee of possession and continuance of the title transferred to the grantee. This covenant also promises the grantee that the grantor will bear the expense of defending the title against all third person claims.-The government power of eminent domain-The government power of eminent domain that permits governments and quasi-public corporations and utility companies to take private land for public use through a condemnation suit results in involuntary alienation of real property. When land escheats to the state, it is considered a form of involuntary alienation.Grantormust be identified, and must be of age and sound mind.Only the grantor needs to sign the deed, not the grantee.Types of Deeds:Types of Deeds:-General warranty deed-Special warranty deed-Bargain and sale deed-Quitclaim deed-Correction deed-Deed of trust (trust deed)-Deed in trust-Guardian's deed-Deed in foreclosure-Deed in partition-Patent deed Special warranty deedSpecial warranty deed; is a conveyance by which the grantor guarantees (warrants) the title he is conveying only against defects arising during the tenure of his ownership guardianship and not against previous defects in title. "By, through, or under the grantor, but not otherwise.." It is commonly used for non payment of taxes (tax deed) or where any trustee conveys property (as with a sheriff's sale to satisfy a judgment).-Covenants against grantor's actsused in special warranty deeds in which the grantor is a fiduciary such as an executor, trustee, or guardian. The grantor promises that the has done nothing to injure or adversely affect the title while he has been the personal representative of the estate and has had control of the property.Covenants of seisinis an assurance (promise) by the grantor to the grantee that the grantor has the estate of title in the quantity and quality that the grantor claims to convey. This covenant would be in breach if the title was held by a third party or did not hold