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Transferring Title
Chapter 5, Jacobus
1. Title means the right to or Ownership of land AND serves as
the evidence of ownership. A change in ownership is known as
an alienation of title.
2. Voluntary transfers
a. Livery of seizin.
b. Deeds - instrument used to convey title to real estate.
i. Parties
ii. Essential elements of Deeds
(1) Names of parties
(2) Consideration:
(3) Words Of Conveyance:
(4) Description of property
(5) Grantor's signature.
iii. DATE on deed is not essential.
iv. Delivery and acceptance of deed.
v. Witnesses and Acknowledgement:
vi. Recording.
c. Voidable deeds
d. Parts of a Deed:
i. Premises
ii. Habendum
iii. Testimonium
e. Wills
f. Inheritances by intestacy
g. Grants from a governmental body to an individual
h. Gifts - Dedications if given to a government
3. Involuntary transfers
a. Adverse Possession:
b. Foreclosure / Exercise of power of sale / Executions /
Tax sales
c. Eminent Domain
d. Escheat
e. Forfeiture of title - when an owner violates a condition
in a deed. For example if a deed requires future owners
hold property exclusively for residential purposes and
the owner converts it to commercial uses
4. Types of Deeds:
a. Most common:
i. (General) Warranty Deed
ii. Quitclaim Deed:
b. Other types:
i. Special Warranty Deed:
ii. Bargain and Sale Deed:
iii. Grant Deed:
c. Special situation deeds:
i. Personal Representative's/Administrators
ii. Sheriff/Master Commissioner Deed
iii. Trustee's
iv. Guardian/Conservator's
v. Tax
vi. Deed of Reconveyance