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Acknowledge The legal process of having the signature on a contract or other legal document verified by a notary public.
Actual Delivery Transferring a deed from the grantor to the grantee by handing the deed to the grantee or sending it by certified mail.
Administrator A person appointed by the court to carry out the terms of a will.
Bargain and Sale Deed This deed makes no guarantees as to the condition of the title, but unlike the Quit Claim Deed, the grantor implies some actual interest in the property.
Bequest or Legacy A gift of personal property given in a will.
Codicil An addition or change to an existing will.
Constructive Delivery The process of transfering a deed from the grantor to the grantee by recording the deed at the county recorder's office.
Covenant Against Encumbrances This covenant in a deed assures the grantee that the title has no liens or encumbrances except those that have been revealed by the grantor.
Covenant of Further Assurance In the event someone makes a claim of ownership, the grantor has the full responsibility to defend the title against the claimant. This includes producing proper documents to substantiate the ownership of the grantor, and going to court, if necessary.
Covenant of Quiet Enjoyment Gives the pledge that no one will make a claim of ownership of the property that is being deeded. It says no person has stronger claim to title than that being transferred by the grantor.
Covenant of Seizin This covenant in a deed guarantees the grantor holds clear title to the property and has the right to convey it to a grantee.
Covenant of Warranty Forever If the grantor were to lose in defense of the title, this covenant guarantees payment for the defense of the title and for damages caused the grantee, including buying the property back from the grantee if necessary.
Descent The laws by which the court determines ownership of property of a person who has died intestate, but who has heirs.
Deed The document that serves as evidence of ownership of real property, as well as the document of the conveyance.
Delivery The process of the grantor giving the deed to the grantee.
Devise (Devisor/Devisee) The individuals who give and receive gifts of real property in a will.
Exception and Reservations Clause Usually found in a deed, it retains part of the real property for the grantor and is another name for the habendum clause.
Executor or Executrix The title of a person named in a will to carry out the terms of the will after the death of the testator.
Formal Will Most valid form of a will, usually prepared by an attorney. It is the least likely form of a will to be challenged.
General or Full Warranty Deed A deed that contains all five covenants and covers the period of time from the date of transfer back to the date of the patent deed.
Gift Deed A transfer of ownership made for love and affection. Creditors of the donor could still use the property for payment of the grantor's debts if it can be shown that the donor was insolvent and transferred the property to evade creditors.
Grant Deed A type of deed used in some states that contains no warranties, the title insurance is considered sufficient cover any necessary warranties.
Grantee One who receives property or property rights from a grantor.
Grantor One who conveys property or property rights to a grantee.
Habendum Clause (“Subject to” clause) Known as the "to have and to hold clause," and sometimes as a "subject to" clause, it defines and limits the estate which the grantee will receive when the property is transferred.
Holographic Will A handwritten will, which must be dated, written entirely in the handwriting of the testator, and does not have to be witnessed in order to be valid. It can pass both real and personal property.
Intestate The name given a person who dies and leaves no will.
Nuncupative Will Oral will, written down by someone and witnessed by two non beneficiaries. It can only convey personal property.
Patent or Public Grant Deed The deed issued when the property is first conveyed from public or government ownership to a private individual.
Personal Representative A term used in Utah for the Administrator or Executor of a will.
Recording A form of delivery of a deed, also known as constructive delivery.
Quit Claim Deed A deed that conveys all interest in a property which the grantor may or may not have, and gives no warranties as to the condition of title. Its primary use is to remove clouds from the title.
Special Warranty Deed This type of deed contains only one covenant in the deed: the covenant against encumbrances. Furthermore, it only warrants the period of time that the grantor actually owned the property.
Testator The title of a person who makes a will.
Third Party Delivery Delivery of the deed is accomplished by a third party who has written, acknowledged instructions from the grantor, also called a deed in escrow.
Title An abstract term denoting ownership
Created by: ryan0099
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