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Chapter 5

________________ Transferring Title

© 2010 by Cengage Learning

DeedWritten legal document that

transfers ownership of real property from one party to another.

Need created by law known as Statute of Frauds

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Essential Elements of a DeedGrantor/GranteeConsiderationWords of ConveyanceLand DescriptionSignatureDelivery & Acceptance

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Covenants & WarrantiesSeizinQuite EnjoymentAgainst EncumbrancesFuture AssurancesWarranty Forever

© 2010 by Cengage Learning

© 2010 by Cengage Learning

© 2010 by Cengage Learning

© 2010 by Cengage Learning

Testate- with WillHolographic WillOral WillCodicil

Intestate – without WillDescent / HeirsProbate Court

Conveyance After Death

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Adverse PossessionUnauthorized occupation of another

person’s land for a period of time as required by law.

Color of Title – plausible appearance of ownership interest.

Easement by Prescription – acquired by prolonged adverse use.

© 2010 by Cengage Learning

Key Terms Adverse possession Bargain & sale deed Cloud on the title Color of title Consideration Covenant

Deed Grantee Grantor Quitclaim deed Special warranty deed Warranty