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Estates, Transfers, and Titles

Principles 2 Chapter 21
Horizontales
One who might inherit or succeed to an interest in land under the state of law of descent when the owner dies without leaving a valid will
A written instrument that, when executed and delivered, conveys title to or an interest in real estate
The condition of property owner who dies without leaving a valid will. Title to the property will pass to the heirs as provided in the state law of descent.
A deed that carries with it no warranties against liens or other encumbrances but that does imply that the grantor has the right to convey title
1. The right to ownership of land; 2. The evidence of ownership of land
A deed in which the grantor fully warrants good clear title to the premises
The actual, visible, hostile, notorious, exclusive, and continuous possession of another's land under a claim of title. Possession for a statutory period may be a means of acquiring title.
Having made and left a valid will
A policy insuring the owner or mortgagee against loss by reason or defects in the title to a parcel of real estate, other than encumbrances, defects, and matters specifically excluded by the policy
A person who died
Verticales
Good or clear title, reasonably free from the risk of litigation over possible defects
The part of a deed beginning with the words "to have and to hold," following the granting clause and defining the extent of ownership the grantor is conveying
A person who makes a last will and testament
Notice given to the world by recorded documents. All people are charged with knowledge of such documents and their contents, whether or not they actually have examined them. Possession of property also is considered constructive notice that the person in possession has an interest in the property
The condensed history of a title to a particular parcel of real estate, consisting of a summary of the original grant and all subsequent conveyances and encumbrances affecting the property and a certification by the abstractor that the history is complete and accurate
A supplement or an addition to a will, executed with the same formalities as a will, that normally does not revoke the entire will
The succession of conveyances from some accepted starting point, whereby the present holder of real property derives title
The act of entering documents affecting or conveying interests in real estate in the county clerk's records. Until it is recorded, a deed or mortgage generally is not effective against subsequent purchasers or mortgages
A written instrument disposing of property on the death of the maker. The testator must be of legal age and sound mind, and not subject to undue influence. The document must be signed and witnessed.
A deed in which the grantor warrants, or guarantees, the title only against defects arising during their tenure and ownership of the property and not against defects existing before that time, generally using the language, "by, through or under the grantor but not otherwise"
Express information or fact; that which is known; direct knowledge
A person signing a document swears before a notary that the information in the document is true and correct and signs the document in the presence of the notary
A legal process by which a court determines who will inherit a decedent's property and what the estate's assets are