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1 Chapter 5
CHAPTER 5: Transferring Title
I. Discuss Deeds as conveyance documents
A. Explain the Essential Elements of a Deed is no need for
1. Words of Conveyance
2. Signature
3. Delivery and Acceptance
B. Explain Covenants and Warranties in deeds
and the importance, or lack of importance,
of a Date and Acknowledgment
C. Explain the Full Covenant and Warranty
Deed, specifically
1. Granting Clause
2. Habendum Clause
3. Special Wording
4. Deed Preparation
II. Discuss specific deeds
A. Define Grant Deed
B. Define Special Warranty Deed
C. Define Bargain and Sale Deed
D. Define Quitclaim Deed
E. Discuss Other Types of Deeds
III. Discuss Conveyance After Death
A. Testate, Intestate !
B. Probate or Surrogate Court
C. Protecting the Deceased's Intentions
D. Holographic Will
E. Oral Will
F. Codicil
IV. Define Adverse Possession
A. List Criteria
1. Actual
2. Visible
3. Continuous
4. Hostile
5. Exercise
6. Notorious
B. Define Color of Title
"
V. Define Easement by Prescription adverse possession it never becomes title!
VI. Discuss Ownership by Accession, and give
examples
VII. Define Public Grant
Copies of local deeds can help to explain these terms.
Give class advance assignment to bring in their documents
for class review. You might offer extra credit!
In this chapter, you will learn how the
ownership of real estate is conveyed from
one owner to another.
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69 62 Opening Remarks Start this chapter by reviewing that a deed transfers real property
ownership.
A bill of sale transfers personal property ownership.
A lease transfers real and/or personal property user fights.
68 64 Essential Elements of Summary:
a Deed 1. Competent Parties
2. Consideration
3. Words of Conveyance
4. Legal Description
5. Signature(s) of Grantor(s)
70 64 Signature Stress: Only grantors are generally required to sign a deed.
71 65 Covenants and Summary:
Warranties 1. Seizen: Seller warrants he is the owner.
2. Quiet Enjoyment: Grantees ownership (rights) will not be
disturbed.
3. Encumbrances: None exist unless otherwise stated.
4. Further Assurance: Seller promises to secure future documents
to protect buyer.
5. Forever: Seller will pay to defend buyer's title.
71 66 Date and Stress: Deeds not required to be dated since title does not pass
Acknowledgment until deed is delivered and accepted.
72 66 Full Covenant and Stress: Has the most warranties, offers best protection.
Warranty Deed All five warranties exist.
75 69 Grant Deed Stress: Three Warranties--Seizen, Encumbrances, Further
Assurance.
76 70 Special Warranty Deed Stress: One Warranty-Encumbrances.
76 70 Bargain and Sale Deed Stress: Similar to Special Warranty Deed, but has no warranties.
77 71 Quitclaim Deed Stress: No warranties. Seller conveys what he owns-All (rights)
or none.
3 Chapter 5
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78 72 Use of Quitclaim Example:
Deeds The actual property boundary between Smith and Jones is
unknown for a 20 ft. by 100 ft. section of raw land.
Solution: Smith quitclaims a 10 by 100 parcel of the laud to Jones
and Jones does likewise to Smith. Although the parties agree to
the boundary, one or the other may have given away 10' by 100'
of land while the other gained nothing.
However, the boundary is now identifiable.
Jones' Property 100'
Smith gives to Jones ±10'
Jones gives to Smith ±10'
Smith's Property 100'
78 71 Cloud on the Title Summary:
Cloud on the Title: Any outstanding claim
Color of Title: There may be a plausible reason to suspect
ownership.
A Cloud can exist without color, but not vice versa.
78 72 Other Types of Deeds Summary: All of these are Special Purpose deeds, and generally
have no warranties (except that in some states, a Warranty
against Encumbrances is common).
78 73 Conveyance After Summary: Deed transfers are permanent, wins can be changed as
Death desired until death.
79 73 Testate, Intestate Stress: Intestate-Dies without a will; Testate-Dies with a will.
79 74 Holographic Will Stress: Must be handwritten.
80 75 Oral Will Stress: Can transfer Personal Property only; Real Property
transfers must be in writing.
80 75 Adverse Possession Stress: Method to transfer actual ownership.
Distinguish Adverse Possession (which leads to ownership) from
an Easement by Prescription (user rights).
Stress: Six criteria necessary to claim title-Actual, Visible,
Continuous, Hostile, Exclusive, Notorious Use.
81 76 Color of Title LocalDistinction#$
$
%&!'#()
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82 77 Easement by Stress: Transfers an easement (use) only.
Prescription Criteria: Visible, Continuous, Exclusive, Hostile, and Adverse.
82 77 Ownership by Local Distinction: Learn several examples, especially if your state
Accession borders a main body of water.
83 78 Public Grant Stress: From the government to an individual.
83 78 Dedication Stress: Voluntarily from an individual to the government.
83 79 Alienation Stress: Alienation is any form of transfer.
84 79 Wrap-Up 1. Name the five essential elements of a deed: (Competent
Parties, Consideration, Words of Conveyance, Legal
2. Description, Grantor's Signature)
Name the five covenants of deeds: (Seizen, Quiet Enjoyment,
Encumbrances, Further Assurance, Warranty Forever)
3. Which deed provides the greatest buyer protection? (General
Warranty)
4. Why is the General Warranty Deed the best? (Provides all five
covenants.)
5. What is the difference between adverse possession and
easement by prescription? (Ownership versus user rights.)
