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© OnCourse Learning
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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© OnCourse Learning
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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© OnCourse Learning
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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