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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.

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Essential Elements of a Deed

Grantor/GranteeConsiderationWords of Conveyance & Land DescriptionSignatureDelivery & Acceptance

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Covenants & Warranties

SeizinQuite EnjoymentAgainst EncumbrancesFuture AssurancesWarranty Forever

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Example of a Warranty Deed

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Example of a Grant Deed

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Example of a Bargain and Sale Deed

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Example of a Quitclaim Deed

Testate- with WillHolographic WillOral WillCodicil

Intestate – without WillDescent / HeirsProbate Court

Conveyance After Death

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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.

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AccretionAlluvionRelictionAvulsionAnnexation

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Ownership by Accession

A transfer of land by a government body to a private party

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PUBLIC GRANT

DedicationForfeitureAlienation

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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

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