Where is it necessary to define or explain in the deed the ownership to be enjoyed by the grantee quizlet?

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General warranty deed: A deed in which the grantor fully warrants good, clear title to the premises. Used in most real estate deed transfers, a general warranty deed offers the greatest protection of any deed.

Provides the greatest protection to the buyer because the grantor is legally bound certain by certain covenants (promises) or warranties.

Implied by the use of certain words specified by statute
Include convey and warrant or warrant generally

Covenant of seisin: the grantor warrants that he or she has the right to convey title to it. The grantee may recover damages up to the full purchase price if this covenant is broken.

Grantor owns and has the right to convey.

Covenant against encumbrances: The grantor warrants that the property is free from liens or encumbrances, except for any specifically stated in the deed. Encumbrances generally include mortgages, mechanics' liens, and easements. If this covenant is breached, the grantee may sue for the cost of removing the encumbrances.

No undisclosed encumbrances (liens, restrictions, easements)

Covenant of further assurances: The grantor promises to obtain and deliver any instrument needed to make the good. For example, if the grantor's spouse has failed to sign away dower rights, the grantor must deliver a quitclaim deed (discussed below) to clear the title.

Future cooperation in signing additional documents

Covenant of quiet enjoyment: The grantor guarantees that the guarantees that the grantee's title will be good against any third party who might bring a court action to establish superior title to the property. If the grantee's title is found to be interior, the grantor is liable for damages; that is the grantor will pay the grantee if the title is not good.

Grantee will not be disturbed by others claiming title to the property

Covenant of warranty forever: The grantor promises to compensate the grantee for the loss sustained if the title fails at any time in the future.

Guarantee of defense of title against claims such as liens or

The grantor defends the title against defects the grantor created by all those who previously held title.

Includes the most promises or covenants

Greatest protection for the grantee (Buyer)

Contains 5 covenants and warranties of title (see above)

A conveyance that transfers whatever interest the grantor has in the specified real estate, without warranties or obligations.

Provides the grantee with the least protection of any deed.

Carries no covenants or warranties and generally conveys only whatever interest the grantor may have when the deed is delivered.

If the grantor has no interest, the grantee will acquire nothing and will have no right of warranty claim against the grantor.

Conveys title as effectively as a warranty deed if the grantor has good title when the deed is delivered , but it provides none of the guarantees of a warranty deed.

The grantor only remises, releases, and quitclaim the grantor's interest in the property.

Used to convey less than a fee simple estate

Conveys only the grantor's right, title,or interest without any warranty that the grantor has any right, title, or interest.

Used to cure a title defect called a cloud on the title

If a name or word is misspelled on a warranty deed filed in the public record, a quitclaim deed with correct spelling may be executed to the grantee to perfect the title .

Used when a grantor apparently inherited property but it is not certain that the decedent's title was valid.

A warranty deed from the grantor in such an instance would oblige grantor's interest

Most common uses of the quitclaim deed is for a simple transfer of property from one family to another

***"problem solver" deed

Least liability for the grantor/ seller

No covenants or warranties - "If I have an interest, I transfer that interest to you."

Used to clear clouds on title (problem solver)

Would use when grantor wants no future claims or liability

**Ownership recognized by the courts after open, continuous, exclusive, actual, and notorious (hostile) use of another's land for a certain period set by state law.**

Is another means of involuntary transfer.

An individual who makes a claim to certain property, takes exclusive possession of it by excluding the true owner and any other title claimants, and (most important) uses it, may take title away from an owner who fails to use or inspect the property for a period of years.

The law recognizes that the use of land is an important function of its ownership.

Possession by the claimant must have the following characteristics

*Open - obvious to anyone who looks

*Notorious - known by others

*Continuous - uninterrupted

*Adverse - against the true owner's right of possession.

Adverse possession:
The actual, open, notorious, hostile, and continuous possession of another's land under a claim of title. Possession for a statutory period may be a means of acquiring title.

*Statutory periods range from as few as 5 years in some states to as many as 30 years

*Shorter time period may be accompanied for the adverse possessor to make all property tax payments.

*A state law may allow subsequent adverse owners to tack their years of possession under a claim of right, or color of title, such as a deed from the prior adverse owner that purports to convey ownership of the property.

*To claim legal title, the adverse possessor normally files an action in court to receive undisputed title.