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New York Real Estate for Brokers, 5th e

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Presentation on theme: "New York Real Estate for Brokers, 5th e"— Presentation transcript:

1 New York Real Estate for Brokers, 5th e
By Marcia Darvin Spada Cengage Learning Chapter 7.1 Conveyance of Real Property

2 Chapter 7 Conveyance of Real Property and Title Closing
Part I: Conveyance of Real Property Chapter 7.1 Conveyance of Real Property

3 Chapter 7 Key Terms Abstract of title Accretion Acknowledgment
Actual notice Adverse possession Assessment Bundle of rights Chain of title Closing statement Constructive notice Conveyance Credits Debits Dedication Delivery and acceptance Erosion Escheat Executor/executrix Chapter 7.1 Conveyance of Real Property

4 Chapter 7 Key Terms (continued)
Full covenant and warranty deed Habendum clause Intestate Involuntary alienation Lien foreclosure sale Marketable title Proration Quitclaim deed Real Estate Settlement Procedures Act (RESPA) Reconciliation Survey Tacking Testate Title Title closing Title insurance Title search Voluntary alienation Chapter 7.1 Conveyance of Real Property

5 Real Property Real Property is real estate + legal rights, powers, and privileges Chapter 7.1 Conveyance of Real Property

6 Real Estate Ownership as a Bundle of Rights
Ownership rights are less as “sticks” from the bundle are given away or sold Chapter 7.1 Conveyance of Real Property

7 Voluntary and Involuntary Alienation
During a lifetime Deed Lien foreclosure Adverse possession Condemnation Bankruptcy Eminent domain After death Will (testate) 6. Escheat (Intestate) Chapter 7.1 Conveyance of Real Property

8 Definition of a Deed Consideration Words of conveyance Execution
Writing Grantor Grantee Property Description Consideration Words of conveyance Execution Acknowledgement Delivery and Acceptance Chapter 7.1 Conveyance of Real Property

9 Legal Descriptions Metes and bounds
A legal description with a point of beginning Reference, plat, or lot and block Refers to a subdivision map (plat) or a tax map with lot and block numbers Chapter 7.1 Conveyance of Real Property

10 Verifying the Property Description
For residential or commercial sale of improved property, the property’s common address (street address) is used When tracts of unimproved land or lots are transferred, the deed, tax map, and/or survey may be attached on the contract of sale Chapter 7.1 Conveyance of Real Property

11 Forms of Deeds Chapter 7.1 Conveyance of Real Property

12 Elements of foreclosure
Chapter 7.1 Conveyance of Real Property

13 Accession Rights Chapter 7.1 Conveyance of Real Property

14 Water Rights Riparian rights
Belong to the owner of property bordering a flowing body of water Littoral rights Property bordering a stationing body of water such as a lake or sea Chapter 7.1 Conveyance of Real Property

15 Adverse Possession C-Claim of Right H-Hostile A-Actual
N-Notorious and Open C-Continuous (uninterrupted for 20-years) E-Exclusive Chapter 7.1 Conveyance of Real Property

16 Conveyance After Death
Testate Descent Valid will upon death Voluntary alienation Executor/executrix Intestate Descent No valid will upon death Involuntary alienation NYS intestate succession statutes Chapter 7.1 Conveyance of Real Property


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