© OnCourse Learning Chapter 5 : Transferring Title

Deed A written document that, when properly executed and delivered, conveys title to land. Statute of Frauds requires that transfers of real estate ownership be in writing and signed in order to be enforceable in a court of law. © OnCourse Learning

Essential Elements of a Deed  Grantor/Grantee  Consideration  Words of Conveyance & Land Description  Signature  Delivery & Acceptance © OnCourse Learning

Covenants & Warranties Seizin Quite Enjoyment Against Encumbrances Future Assurances Warranty Forever © OnCourse Learning

Example of a Warranty Deed

© OnCourse Learning Example of a Grant Deed

© OnCourse Learning Example of a Bargain and Sale Deed

© OnCourse Learning Example of a Quitclaim Deed

Testate- with Will Holographic Will Oral Will Codicil Intestate – without Will Descent / Heirs Probate Court Conveyance After Death © OnCourse Learning

Adverse Possession: Number of Years of Occupancy Required to Claim Tide

Adverse Possession Unauthorized 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. © OnCourse Learning

 Accretion  Alluvion  Reliction  Avulsion  Annexation © OnCourse Learning Ownership by Accession

 A transfer of land by a government body to a private party © OnCourse Learning PUBLIC GRANT

 Dedication  Forfeiture  Alienation © OnCourse Learning ADDITIONAL TRANSFERS

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 © OnCourse Learning