Chapter 5: Transferring Title
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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/Grantee
Consideration
Words of Conveyance & Land Description
Signature
Delivery & Acceptance
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Covenants & Warranties
Seizin
 Quite Enjoyment
 Against Encumbrances
 Future Assurances
 Warranty Forever
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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
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Conveyance After Death
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Testate- with Will
Holographic Will
 Oral Will
 Codicil
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Intestate – without Will
 Descent / Heirs
 Probate Court
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Adverse Possession: Number of Years of Occupancy
Required to Claim Tide
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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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Ownership by Accession
Accretion
Alluvion
Reliction
Avulsion
Annexation
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PUBLIC GRANT
A transfer of land by a
government body to a private
party
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ADDITIONAL TRANSFERS
Dedication
Forfeiture
Alienation
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Key Terms
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Adverse possession
Bargain & sale deed
Cloud on the title
Color of title
Consideration
Covenant
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Deed
Grantee
Grantor
Quitclaim deed
Special warranty deed
Warranty
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