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Real Property Law: Ownership, Transfers, and Attachments, Exams of Real Estate Management

An overview of various concepts in real property law, including ownership, transfers, attachments, and related legal terms. Topics covered include mineral and water rights, fixtures, easements, bill of sale, allodial system, bundle of rights, estate at sufferance, leasehold estate, legal life estate, mechanic's lien, nonpossessory estate, restriction, and more. Useful for students and professionals seeking a better understanding of real property law and related concepts.

Typology: Exams

2023/2024

Available from 04/12/2024

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Georgia Real Estate Exam Study Guide

(Verified Solution)

Accession - The acquisition of title by the owner of real property to those things attached to the property by others, such as tenants, trespassers, or by nature.

Acre - A measure of land area equal to 43560 square feet.

43560 - The number of squarefeet in one acre.

Active License - Status of an individual who has met all qualifications to practice real estate as a broker, associate broker, or salesperson; and such license is held by a broker, rather than by the Commission.

Air Lot - A designated air space over a parcel of land. In condominiums, each individual unit occupies a separate one.

Air Rights - The right to use and enjoy the air space above a parcel of land. Such rights may be leased or sold separately from the land.

Appurtenance - Anything that may be used with the land for its benefit and goes to the new owner when ownership of the land is transferred. Mineral rights, air rights, water rights, easements, improvements, and natural attachments are examples.

Artificial Monuments - Man-made objects such as streets, fences, iron pins, concrete posts, etc.

Associate Broker - A person who has met all qualifications to be licensed as a broker, but who elects to act on behalf of another broker in performing any act authorized by law to be performed by a broker.

Attorney General - Legal counsel for the state. Whenever the Commission believes a serious violation of the License Law has occurred, the ____________ may bring an action in the name of the state to enforce compliance.

Baseline - Certain reference lines which run east and west; used in rectangular survey system to locate land.

Bench Mark - A permanent reference point of known location used by surveyors. A ________ may be a point established by a government survey team or a fixed monument such as a road right-of-way.

Bill of Sale - A document which conveys ownership to personal property.

Broker - An individual or legal entity licensed to act as the agent of another in buying, selling, exchanging, renting, leasing, managing, or auctioning real estate for another.

Call - The compass direction and distance for each boundary line.

Censure - Disciplinary power of the Commission whereby it reprimands a licensee, usually for technical violations occurring for the first time.

Chattel - Personal property.

Closure - The metes and bounds legal description must return to the point of beginning or the description is incomplete.

Co-brokering - Participation of more than one broker in a real estate transaction.

Commingling - Mixing funds held in trust with the brokers personal or business accounts.

The Real Estate Commission - The state licensing authority charged with the enforcement of the Real Estate License Law.

Constructive Severance - The transfer to someone other than the owner of the land the rights to remove attachments such as timber, or buildings, or the right to remove minerals.

Contour - The shape of the earths surface.

Correlative Rights - The doctrine of law which allows riparian owners in certain states to use only a reasonable share of water during periods of drought.

Datum - A point of surface of known location from which heights and depths are measured. The basic point from which vertical land(air rights and mineral rights) is described.

Dual Agency - Representing both the buyer and the seller in the same transaction. This practice constitutes a violation of License Law, unless both parties give their written consent.

Earnest Money - The purchaser's initial commitment of something of value to indicate that he/she wants to buy the property according to the terms of the offer being submitted. _______ deposits received by the broker must be placed in her/her designated trust account, until the transaction is either closed or otherwise terminated.

Emblements - Crops that require annual cultivation. They are considered personal property even though it is attached to the land.

Escrow Account - A separate account which a broker must maintain for the deposit of all funds coming into his/her possession that belongs to others. Before a broker's license will be issued, the broker must authorize the Commission to examine the account at any time.

Executor - Person named in a will to carry out the directions and requests of the deceased.

Fixture - An item that was once personal property but has become real property because of the manner in which it was attached to the land or its improvements.

Fructus Industriales - Crops that are planted and harvested each year.

Fructus Naturales - Growing things which require no annual cultivation.

Georgia Administrative Procedures Act - A state law which requires administrative bodies such as the Georgia Real Estate Commission to follow certain procedures in its investigative process and before exercising its disciplinary powers. For example, before the Commission can impose a sanction against a license, the licensee must be given a hearing.

Improvements - Any permanent, man-made attachment to the land, such as buildings, fences, roads, or pipelines. Also known as arterial attachment.

Inactive License - Statue of a licensee temporarily unemployed, or who has otherwise ceased his/her active involvement in the real estate business on behalf of a broker. During such time, the license is held by the Commission and may remain there indefinitely, but must be renewed and fees must be paid the same as active licensees.

Land - An area which starts at the center of the earth, passes through the earth's surface and extends into space.

Law of Capture - The law which allows a well drilled on one property to extract oil or gas reserves from under adjoin properties.

Legal Description - A description of land legally sufficient to distinguish it from all other parcels.

Littoral Rights - A landowners lawful claim to use and enjoy the water of a large lake or ocean bordering the owned property.

Meridians - Certain reference lines which run north and south used in the rectangular survey system to locate land. The north-south line on a compass.

Metes and Bounds - A method of legally describing land by measuring directions and distances of its boundary lines.

Mineral Rights - A landowner's legal interest in minerals below the surface of his land. Such rights are considered to be appurtenant to the land and may be sold or leased separately.

Monument - A fixed point or object used to denote the end point of a boundary line in a metes and bounds description.

Natural Monuments - Trees, rocks, streams, etc.

Navigable Water - A waterway open to the public for commercial boat traffic.

Non-homogeneity - A characteristic of land which holds that no two parcels are exactly alike because each parcel has its own unique location.

Perlocating Water - Underground water not confined to a specific waterway, channel, or stream.

Personal Property - Anything of a movable nature capable of being owned that is not considered real property. Also known as personality or chattel.

Plat of Survey - A map or drawing that shows the location and boundaries of a land parcel, and in some cases, how the land is subdivided into lots. Also called a Plat Map.

Point of Beginning - The starting point at one corner of a parcel of land described in a metes and bound legal description.

Portable Water - Water which is pure enough to drink.

Principal - Also called Client. One who employs an agent to represent him/her.

Principal Meridian - One of the north-south reference lines used in the rectangular survey to locate land.

Prior Appropriation - A doctrine of law relating to riparian water rights used by states that typically experience periods of drought. The right to use riparian water is secured by permit. During periods of drought the earlier permits establish priority in using adjacent water.

Property - A specific object owned plus the rights of ownership.

Qualifying Broker - One designated as the principal broker for a corporation or partnership. May be any individual with a brokers license in Georgia.

Range - A six mile wide strip of land running north-south in a the rectangular survey system.

Real Estate - Land and attachments on it plus the rights to own and use them. Also known as real property or realty.

Real Estate Commissioner - Full time employee of the Commission who serves as its chief administrator. Because of the commissioner's oath to faithfully discharge the duties of the office, the commissioner can have no interest in a real estate company or other related business.

Recorded Plat - A plat or map showing the location and boundaries of individual parcels of land that is filed in the public records in the county where the property is located.

Rectangular Survey System - A method of legally describing the surface of the land based upon a grid system formed by principal meridians, baselines, range lines, and township lines. Also know as the government survey system.

Reinstatement Fee - A charge to reinstate a lapsed license.

Revocation - Disciplinary action by the Commission to take a license away from the licensee.

Right of Lateral Support - The right which protects the natural support of adjacent land in mining operations to extract minerals from below the surface of the earth.

Riparian Rights - A landowner's right to use and enjoy the water from a river, stream or lake which adjoins the owned land.

Rules and Regulations - Authoritative standards of practice created by the Commission which relate do the professional conduct of licensees and the administration of the License Law. They are intended to clarify certain sections of the Law which may be misunderstood or misinterpreted by the licensees and the public. Even though they are not a part of the License Law, they have the same force and effect as the Law.

Salesperson - Any person, other than an associate broker, who acts on behalf of a real estate broker in performing any licensed act authorized by the License Law to be performed by the broker.

Sanction - A penalty or punishment provided as a means of enforcing obedience to a law.

Section - A parcel of land in the rectangular survey system that is one mile square and contains six hundred forty acres (640).

Severance - To remove something from the land such as minerals or timber.

Situs - Location; refers to people's preference for a given location. Area preference.

Spot Survey - The process of locating the exact boundaries, shape and area of a parcel of land.

Topographic Map - A map that shows the elevations of the earth's surface. Also called a Contour Map.

Topography - The nature or shape of the earth's surface, such as hills, valleys, level, or rolling. Also called Contour.

Township - A parcel of land in the rectangular survey system that is six miles square.

Trade Fixture - An item of personal property attached to the land or building leased by a tenant who uses the item in a trade or business.

Water Rights - A Landowners right to use and enjoy water adjacent to, underneath, or on the land.

Water Table - The level at which percolating water is found below the earth's surface.

License Law - A law designed to protect the public from dishonest and incompetent agents. Created in 1925.

Four responsibilities of the Commission. - Issue licenses, set fees, pass rules and regulations, take disciplinary actions.

Allodial System - A system of land ownership which recognizes the right of individuals to own land independently of political superiors, but allows the government to retain the rights of eminent domain, police power, taxation and escheat.

Attachment Lien - An encumbrance created against land when the court is granted custody of the property to prevent the owner from conveying title while a suit for damages is being decided. By attaching the property the person seeking damages is assured that the property will be available to satisfy a judgement if it is awarded by the court.

Bundle of Rights - All of the rights a person can have in real property. Included in the bundle are the rights of possession, control, enjoyment and disposition.

Commercial Easement in Gross - A right to use the land of another. It does not benefit any particular property. The right is transferable and freely inheritable. Typical examples include utility easements, railroad right-of-ways and billboard easements.

Condition - A provision in a deed which subjects the ownership of land to certain restrictions. The party creating the ________ (the grantor) reserves a future right in a the property. Upon the occurrence or nonoccurrence of a stated ________, either the title automatically reverts to the grantor, or the grantor has the right to sue for possession and terminate the estate.

Consummate Dower - A wife's right in her husband's estate after his death.

Contingent Remainder - A non-possessory estate created when a fee simple owner grants a lesser estate and designates another person to take possession of the fee simple estate upon termination of the lesser estate and the occurrence of a stated condition.

Covenant - A restriction in a lease or deed which specifies that the property will or will not be used in a certain manner. An example of a _________ is a subdivision restriction. __________ must be enforced by seeking an injunction or damages. _________ have a time limit after which they are no longer effective.

Declaration of Restrictions - An instrument which contains all the restrictive covenants affecting the lot in a subdivision. By recording the instrument, the subdivision restrictions are incorporated by reference into the deeds to each individual lot.

Dominant Estate - The land parcel which benefits from an easement appurtenant. When title to the land is conveyed, the easement is automatically transferred to the new owner.

Dower - A wife's life estate in the real property owned by her husband and conveyed to her by law upon his death.

Easement Appurtenant - An easement which grants a right of use to one parcel of land in and on another parcel. The land over which the easement runs is the servient estate. The land benefiting from the easement is the dominant estate.

Easement in Gross - A legal right to use the land of another. It involves only one parcel of land and does not benefit any particular property. There are two types: commercial and personal.

Easement - A legal right to use the land of another for a specific purpose and in a specific manner. The right only constitutes an interest in the land. It does not give the ________ owner an estate.

Egress - An exit leading from the parcel of land.

Eminent Domain - The government's right to take private property for public use with or without the consenting of the owner upon payment of a just compensation to the owner. The right may be with or delegated to quasi-public corporations, such as utility companies. The court suit for taking the property is called condemnation.

Encroachment - The illegal intrusion of an improvement, building or other attachment onto a neighboring land or into its airspace.

Encumbrance - Anything which affects the fee simple title or the use of land such as liens, easements, restrictions and encroachments.

Escheat - A government right for land to go back to the state when the owner dies without leaving a will and without heirs.

Estate at Sufferance - An interest in real property held by a tenant who holds over without the consent of the landlord after the tenant's right of possession has terminated.

Estate for Years - A tenant's interest in real property

(leasehold estate) for a fixed period of time.

Estate from Period to Period - A tenant's interest in real property (leasehold estate) for a certain period of time. Without proper notice the period is automatically renewed.

Estate - The quality, quantity, nature and extent of ownership interest or rights a person holds in real property. __________s are either possessory or nonpossessory.

Fee Simple Absolute - An inheritable estate of indefinite duration, without restrictions or conditions to satisfy in order to retain ownership. It is the most complete ownership of rights in land that one can hold. It is said to be potentially perpetual.

Fee Simple Determinable - A fee simple estate that automatically ends and goes back to the person who granted the estate, to their heirs or to a remainderman if named, upon the occurrence or nonoccurrence of a stated condition.

Fee Simple Estate - An ownership interest in land which is freely inheritable. The estate may be absolute, determinable or conditional.

Fee Simple Condition Subsequent - A fee simple estate that may be ended by the grantor or the grantor's heirs or a remainderman if named, upon the occurrence or nonoccurrence of a stated condition.

Freehold Estate - An ownership interest in land, the duration of which is uncertain. The estate may last forever (i.e., be inheritable), or its duration may be measured by one person's life.

Future Right - The right to take possession or control of a property in the future (nonpossessory).

General Lien - A lien against all of the property owned by the debtor.

Holdover Tenant - A tenant who remains in possession of leased premises after their right of possession has ended. Possession may be with or without the landlord's consent.

Homestead Protection - A right which protects a portion of a family's primary residence in the event a creditor forces a sale to satisfy an outstanding debt. The amount of protection is determined by state law.

Impounds - Monthly payments of taxes and insurance collected by the lender to assure payment of these items when they become due.

Inchoate Dower - A wife's interest in her husband's property while he is still living.

Incorporeal - An intangible interest in land, such as an easement.

Ingress - Access to a parcel of land.

Inheritance Tax - Tax on property received by will or by inheritance through the probate court.

Injunction - Court ordered requiring a person to whom it is directed to do or refrain from doing a particular thing. A legal recourse that may be taken against one who violates a restrictive covenant in a lease or deed.

Involuntary Lien - A lien permitted by law and recorded without the landowner's consent. The lien may affect only one particular property, such as a mechanic's lien, or it may affect all the debtor's property, such as a judgment lien. Also known as a statutory lien.

Judgement - A court's official decision regarding the rights and claims of the parties in a lawsuit. A _________ in a suit for damages is the amount of indebtedness set by the court.

Laches - Undue delay or failure to exercise one's legal right, resulting in the loss of the ability to exercise the right.

Landlocked - Land which has no means of access except over neighboring land.

Leasehold Estate - A tenant's rights in real property granted to them by a lease.

Legal Life Estate - A life estate created by state law, the holder of which has a nonpossessory interest in real property. Legal life estates include dower, curtesy and homestead protection.

Lesser Estate - Lesser Estate • Chapter 2 • An estate is created when a portion of ownership rights

License - An owner's permission for another to use the land for a specific purpose. The permission does not grant a right in the land but a personal privilege, which is neither transferable nor inheritable and may be terminated by either party.

Lien - A monetary claim against real estate which services as security for a debt.

Life Estate Pur Autre Vie - A life estate whose duration is measured by the life of someone other than the life tenant.

Life Estate - A freehold estate (i.e., ownership interest in real property). The indefinite duration of the estate is measured by the life of some person. Also called Conventional _____________.

Life Tenant - One to whom a life estate is granted; the owner of the estate.

Lis Pendens - Legal notice that a lawsuit is pending, and the outcome could affect the title to certain real estate.

Mechanic's Lien - Also known as a materialman's lien, a lien created by statue against real property. It exists for the purpose of securing payment to those persons who have performed work and/or furnished materials for the improvement, maintenance or repair of real property against which the lien is recorded.

Mortgage Lien - A monetary claim against a specific property pledged by its owner as security for the repayment of a loan or other debt.

Nonpossessory Estate - An estate in real property, the possession of which is postponed until a preceding possessory estate is terminated.

Notice of Completion - A legal notice required in some states in order to perfect a mechanic's lien. The notice lets the property owner know that certain contracted work has been completed and/or materials ordered have been supplied.

Ordinary Life Estate - A life estate whose duration is measured by the life of the life tenant.

Party Wall - A fence or wall of a building that straddles the boundary line of two adjoining lots and exists for the use of both owners.

Personal Easement in Gross - A personal right granted to an individual to use the land of another. The right is neither transferable nor inheritable and may be terminated by the easement holder or, by death of the easement holder.

Police Power - The government's right to enact and enforce legislation which regulates the use of real estate to provide for the public safety, health, morals and general welfare of the community.

Possessory Estate - An estate whose owner has the right of present possession or control. ________________s are either freehold or leasehold.

Possibility of Reverter - A possibility that title to land will revert back to the grantor if the grantee breaches a condition placed on the title by the grantor.

Prescription - A method of acquiring an easement through continuous, open, visible and notorious use of another person's property. The use must be without the owner's permission and for a period of time as prescribed by law.

Present Right - The right to immediate possession or control of a property.

Release - The act of relinquishing a right or claim to real estate. A ________ is often accomplished by use of a quit-claim deed.

Remainder Estate - An estate in which the right of possession comes into being upon the termination of a lesser estate, such as a life estate. The right of future possession is vested in someone other than the grantor of the lesser estate.

Remainderman - One who holds a right of future possession. The person named by the grantor to receive the fee simple estate upon termination of a lesser estate.

Restriction - A limitation placed on the use of real property, either by the government or by other persons who have an interest in the property. Private __________s are either in the form of covenants or conditions.

Reversionary Estate - An estate in which the right of possession comes into being upon the termination of a lesser estate, such as a life estate. The right of future possession is vested in the grantor of the lesser estate or the grantor's heirs if the grantor is deceased.

Reverter Clause - A deed provision which causes a fee simple defensible estate to automatically terminate and revert to the grantor or a remainderman upon the occurrence of a stated condition.

Right of Entry - The right to resume fee simple ownership through court action, or to terminate a fee simple estate on a condition subsequent, upon the occurrence of a stated condition.

Run with the Land - The automatic transfer of certain rights or encumbrances in real property when title is conveyed.

Satisfaction Piece - Evidence from a creditor that a judgment, mortgage, or other lien has been paid in full. The ___________ _______ should be recorded to remove the cloud on the title created by the lien.

Servient Estate - A parcel of land over which an easement runs.

Special Assessment - A tax levied against real estate to pay for improvements which benefit only the property taxed. Assessments are generally made for such improvements as street lights, sewers, sidewalks or curbs.

Specific Lien - A lien against only one property.

Vendee's Lien - A buyer's lien against the property of a seller who defaulted on a contract to sell.

Vendor's Lien - Also known as a purchase money mortgage or seller's lien. When a seller finances part of the purchase price and the purchaser pledges the property as security for the debt, the seller holds a __________ ______ against the property.

Vested Remainder - A nonpossessory estate created when a fee simple owner grants a lesser estate and designates another person to take possession of the fee simple estate upon termination of the lesser estate.

Voluntary Lien - A lien recorded with the owner's consent. One created by agreement.

Writ of Execution - A court order directing the sheriff to seize and sell enough of a debtor's property to satisfy a judgment and to pay expenses for the sale. Also referred to as a levying upon the debtor's property.

Tenements - Things permanently attached to land and are immovable by law.

Beneficiary - One for whom title is held under a trust and is entitled to receive income from the trust.

C, C&R's - Covenants, conditions and restrictions which regulate the use of property held under condominium ownership and other subdivisions.

Common Elements - Those areas in a condominium that each unit owner has the right to use in common with the other owners. Examples include land, buildings, recreational and parking areas, and other improvements.

Community Property - A type of concurrent ownership between husband and wife which entitles each spouse to one-half of all property acquired by their mutual efforts during marriage.

Concurrent Ownership - A form of ownership where more than one person has an interest in the same property at the same time.

Condominium - A form of concurrent ownership in which each occupant of a multiple unit building holds fee simple title to an individual unit. Common areas like land and recreational facilities are co- owned by the unit owners as tenants in common.

Cooperative - A form of concurrent ownership of a multiple unit building in which a corporation holds title to the land and improvements. Each unit owner buys stock in the corporation for the exclusive right to use a particular unit for the life of the corporation. The unit owner is assured of this right through a proprietary lease.

Co-owner - One who owns an interest in property simultaneously with another. Also known as co- tenant.

General Partnership - A type of partnership which allows each partner to participate in the management of the business but holds the partners jointly and personally liable for obligations incurred by the partnership.

Joint Tenancy - A form of concurrent ownership involving only one title that is shared equally by the co-owners. Upon the death of a co-owner, the decedent's interest passes usually to the remaining co-

owners.

Joint Tenant - One who co-owns property in joint tenancy.

Joint Venture - A partnership formed for the purpose of carrying out a particular business project without an intent to establish a permanent business relationship.

Land Trust - A trust in which the beneficiary retains control over the property held by the trustee. The trustee's duty is simply to sign at the beneficiary's request all documents which are necessary to convey, mortgage, or lease the property.

Limited Liability Company - A unique form of ownership not classified as a corporation, but an association similar to that of limited partnership. Management responsibilities are vested in its members and members are not personally liable for debts of the_______ ________ _________. Members are not stockholders and therefore, profits are not taxed at the corporate level.

Limited Partnership - A partnership made up of general and limited partners. A general partner has the responsibility of managing the business of the partnership and is held liable for its obligations. Limited partners are investors who do not participate in the management and are liable only to the extent of their investments.

Living Trust - A trust created by a property owner during his/her life time for the purpose of providing financial care for the family or self.

Partition Suit - A legal action to divide or sell property held as tenancy in common or in joint tenancy. This legal procedure is available to co-tenants who are unable to mutually agree on an acceptable plan of division or sale.

Proprietary Lease - A lease used with cooperative ownership to assure the tenant of the exclusive right to use a particular unit in a multiple unit building.

Real Estate Investment Trust(REIT) - A trust which must be managed by a board of trustees who invest in real estate for at least one hundred beneficiaries (investors) in order to quality for certain income tax benefits.

Right of Survivorship - A right which allows a deceased co-

owner's interest in property to pass to the surviving co-owners rather than to the estate of the deceased.

Separate Property - In community property states, __________ ________ is any property owned by either spouse prior to marriage, or property acquired during the marriage by gift or by inheritance.

Severalty Ownership - Ownership by one person or a single legal entity. Also known as Sole Ownership.

Syndicate - A group of persons or firms who combine their resources for the purpose of investing or dealing in real estate.

Tenancy by the Entirety - A special form of joint tenancy between husband and wife. Both own an equal undivided interest in the entire property with the right of survivorship. Any instrument to convey or transfer an interest in the property must be signed by both spouses.

Tenancy in Common - A form of concurrent ownership where co-owners hold an equal or unequal undivided interest without the right of survivorship.

Tenancy in Partnership - A form of concurrent ownership in which title is held by either a general or limited partnership in a registered trade name.

Testamentary Trust - A trust created by will.

Time-sharing - A special form of condominium ownership which allows multiple owners to use (share) the same unit but during different specified times each years.

Trust - An arrangement in which title to property is held by a trustee on behalf of a beneficiary.

Trustee - A person or institution which holds title to property for the benefit of another under specific instructions for the use and disposition of that property.

Trustor - One who creates a trust by conveying title to a trustee.

Undivided Interest - An ownership interest in the entire property as opposed to ownership of a specific portion or separate part of the property.

Unities of Joint Tenancy - In order to create _________________________ most states require that four events occur simultaneously. First, all joint tenants must acquire their interest at the same TIME. Second, all co-

owners must share the same TITLE to the property. Next, all co-owners must share equal INTEREST. Finally, each co-owner must have the equal right of POSSESSION.

Absolute Delivery - A grantor's hand delivery of a deed to the grantee.

Abstract of Title - A condensed history of all conveyances, liens, encumbrances, judgments, and other court decisions affecting the property.

Accretion - The gradual addition to land resulting from some natural force, such as the action of water or wind. The two processes of accretion are alluvion and dereliction.

Acknowledgement - A formal declaration made by the grantor in the presence of an authorized official, usually a notary public, that the deed was signed voluntarily. The purpose is to prevent forgery and the fraudulent inducement of a conveyance. Required in most states for recording but has no effect on validity.

Action to Quiet Title - A court action to settle a title dispute or clear a title of defects.

Actual Notice - Knowledge that one acquires from what is heard, read or observed.

Administrator - A person appointed by a probate court to oversee distribution of property and to satisfy all debts out of the assets of the estate of a person who died without leaving a valid will or did not name an executor.

Administrator's Deed - A deed executed by an administrator to convey title to real property owned by a person who died intestate or did not name an executor.

Adverse Possession - A method of acquiring title to real property by the unauthorized occupation of another person's land. Must be actual, hostile, open, notorious, exclusive, and continuous for a period of time required by state law.

After Acquired Title, Doctrine of - A principle of law which enables a prior grantee to automatically acquire title to real estate after a

grantor has attempted to convey title but, in fact, did not have good title.

Alluvion - A form of accretion where soil is gradually accumulated on land bounded by a river, lake, or other body of water as a result of action of the water.

Alluvium - Soil accumulated by the process of alluvion.

American Land Title Association - American Land Title Association. An organization of title insurance companies, title attorneys, and others interested in land titles whose purpose is to promote professional standards and ethics

throughout its industry.

Attestation - The act of witnessing a person's signing a document, such as a deed or will, and then signing the document as a witness.

Avulsion - The loss of land caused by a sudden or violent change in the course of a river, stream, or other body of water.

Bargain and Sale Deed - A deed which contains neither expressed nor implied warranties of title, but the grantor implies ownership of the property described in the deed.

Bequest - Personal property received by will.

Certificate of Title - A title examiner's written opinion of the current condition of a property title based on a search of the public records dating back for a specified number of years.

Chain of Title - The recorded history of conveyances affecting a property's title beginning with the original patent or grant from the government and continuing to the current owner.

Cloud on the Title - Any claim, lien, or encumbrance that impairs title to real estate.

Codicil - A written instrument executed for the purpose of amending an existing will.

Color of Title - A title condition which appears to be good but in fact is not valid due to a certain defect, such as a forged deed.

Condemnation - A legal proceeding to exercise the power of eminent domain to take private property for public use.

Constructive Notice - Knowledge that one is presumed by law to have, even though there is no actual knowledge of the fact. __________ __________ may be given by recording an instrument in the public records or by taking possession.

Conveyance - The document used to transfer interest in real property. Such as deeds, leases, mortgages, etc.

Covenant Against Encumbrances - A deed provision which assures the grantee that title to the property is free from any and all encumbrances not excepted in the deed or visible on the premises, or recorded in the public records.

Covenant of Further Assurances - A deed provision in which the grantor promises to perform any acts necessary to produce whatever documents are required to perfect title to the grantee.

Covenant of Quiet Enjoyment - A deed provision in which the grantor promises that the grantee shall be free of interference from the acts or claims of others having a superior title to the property.

Covenant of Seisin - A deed provision in which the grantor promises that at the time of conveyance, he/she owns the property and has the right to convey title to it.

Covenant of Warranty Forever - A deed provision in which the grantor promises to compensate the grantee for any loss suffered while defending the title against persons asserting a genuine claim to the property from any time in the past.

Covenants of Title - Either expressed or implied deed provisions in which the grantor promises that certain conditions of title exist. If it is later proven that those conditions do not exist, the grantor is obligated to compensate the grantee for any actual damages which result.

Decedent - A deceased person.

Dedication - The act of giving to a government real property which is designated for public use.

Deed - A written instrument which, when properly executed and delivered by the grantor during the grantor's lifetime, conveys the grantor's interest to the person who accepts it, known as a grantee.

Deed in Partition - A deed issued by the court when property is sold at a partition sale for the purpose of dividing a joint tenancy or tenancy in common ownership.

Deed of Teformation - A deed which corrects an error in another deed.

Deed of Trust - A deed used in many states in lieu of a mortgage. Title is held by a trustee on behalf of a lender (beneficiary) until the borrower (trustor) repays the loan.

Dereliction - A process of accretion whereby usable land is gradually exposed when a body of water receded and remains below its normal waterline.

Devise - A gift of real property by will.

Devisee - A person named to receive real property by will.

Devisor - A person who disposes of real property by will.

Erosion - The gradual wearing away of land caused by the action of water or wind.

Exception - A deed provision which excludes from the conveyance some portion of the property granted.

Executor's Deed - A deed executed by an executor to convey title to real property owned by a decedent who left a valid will.

Foreclosure Sale - A court-ordered proceeding to sell property to satisfy certain debts of the owner.

Formal Will - A typed or preprinted will usually prepared by an attorney. The instrument must comply with state requirements and be properly witnessed.

General Warranty Deed - A deed which offers the most comprehensive title protection of any deed. The grantor fully warrants good title to the property through the expressed or implied covenant of seizin, covenant against encumbrances, covenant of quiet enjoyment, covenant of warranty forever, and the covenant of further assurances. The covenants apply to defects occurring at any time before title is conveyed by the grantor.