Explore the legal terms and concepts related to Conveyances. Click on any term below to learn more about its definition and applications.
In land sale contracts, when must each party tender performance?
The buyer’s obligation to pay and seller’s obligation to convey title are concurrent conditions, whi...
Under a race recording statute, when does a subsequent Bona Fide Purchaser prevail?
Under a race statute, whomever records first wins. Typically, a race statute uses language like, "w...
How may zoning impact an Implied Covenant of Marketable Title?
Zoning restrictions do not affect marketability, but an existing violation does.
What is a wild deed?
A wild deed is a recorded deed outside the chain of title, and does not provide adequate constructiv...
In assessing a conveyance of land, what are the types of notice?
There are 3 kinds of notice: (1) actual, (2) inquiry, and (3) constructive (check the records).
What is the Shelter Rule?
A person who takes from a bona fide purchaser ("BFP") "steps into their shoes" and will prevail agai...
Who qualifies as a purchaser for value?
Recording acts protect subsequent purchasers for value, which includes: (1) purchasers of a fee or l...
Under a race-notice recording statute, when does a subsequent Bona Fide Purchaser prevail?
Under a race-notice statute, a subsequent Bona Fide Purchaser is only protected if they (1) take wit...
Under a notice recording statute, when does a subsequent Bona Fide Purchaser prevail?
Under a notice statute, a subsequent Bona Fide Purchaser ("BFP") who (1) pays value, and (2) has no...
What is estoppel by deed?
If a grantor tries to convey an estate in property that they do not actually own at the time of conv...
What is a special warranty deed?
A special warranty deed is a type of property deed in which the grantor provides a limited warranty...
In assessing the warranties under a general warranty deed, what is Further Assurances?
Further assurances is a future warranty that grantor will do whatever is reasonably necessary to per...
In assessing the warranties under a general warranty deed, what is Warranty?
Warranty is a future warranty that grantor will defend against all reasonable claims of title by any...
In assessing the warranties under a general warranty deed, what is Quiet Enjoyment?
Quiet Enjoyment is a future warranty that grantee will not be disturbed in possession by a third par...
In assessing deed warranties, what is Against Encumbrances?
Against Encumbrances is a present warranty that there are no physical or title encumbrances.
In assessing deed warranties, what is Right to Convey?
Right to Convey is a present warranty that grantor has authority to grant.
In assessing the warranties under a general warranty deed, what is Seisin?
Seisin is a present warranty that the grantor has the estate they purport to convey (i.e. title and...
What is a general warranty deed?
A general warranty deed contains 3 present warranties, which may be breached at the time of conveyan...
What are the 3 types of deeds and warranties?
The three types of deeds and warranties are: (1) a general warranty deed; (2) a special warranty dee...
What remedies are available to parties of a land sale contract if one of them breaches?
Remedies for breach include damages (difference between contract price and market value at breach),...
In land sale contracts, when is time of the essence?
Generally, the presumption is that time is not of the essence in land sale contracts, thus the party...
In assessing the formalities of a deed, when is delivery valid?
"Delivery" occurs when grantor has an intention to make the deed presently effective (even if actual...
In assessing the formalities of a deed, when is a description of land sufficient?
A description of land need only provide a good lead to the identity of the property. Parol evidence...
How does a court treat a deed made to defraud creditors?
Where a deed complies with formalities but was made with the purpose to defraud a creditor, the gran...
How does a court treat a voidable deed?
A voidable deed is only set aside if the property has not passed to a bona fide purchaser.
When may a deed be an inter vivos gift?
A deed can be an inter vivos gift where there is (1) intent, (2) delivery, and (3) acceptance.
What are the requirements for a valid deed?
A deed must: (1) be in writing, (2) be signed by the grantor, and (3) reasonably identify the partie...
In assessing a seller's liabilities for defective real property, when is a disclaimer sufficient to avoid liability?
A general disclaimer is not sufficient to overcome liability. It must be specific.
In assessing a seller's liabilities for defective real property, what constitutes failure to disclose?
A seller is liable for failure to disclose where: (1) they know or have reason to know of a defect,...
In assessing a seller's liabilities for defective real property, when is a seller liable for defects they do not mention?
A seller is liable for defects that they took steps to conceal, even if they made no statements abou...
In assessing a seller's liabilities for defective real property, when is a seller liable for misrepresentation or fraud?
A seller is liable for defects that they knowingly or negligently made a false statement about to a...
In assessing a seller's liabilities for defective real property, when is there a warranty of fitness or quality?
Generally, there is no warranty of fitness or quality recognized, except in the case of new construc...
What remedies are available to a buyer upon violation of an Implied Covenant of Marketable Title?
If the seller does not cure the title defect, the buyer is entitled to rescission, damages, specific...
How may an encumbrance impact an Implied Covenant of Marketable Title?
Mortgages, liens, restrictive covenants, easements, and significant encroachments render title unmar...
How may a defect in the Chain of Title impact an Implied Covenant of Marketable Title?
A defect in the chain of title may make the title unmarketable. Title acquired by adverse possession...
At closing, what is the implied covenant of marketable title?
Every contract for the sale of land contains an implied covenant that the seller will provide market...
In assessing a Doctrine of Equitable Conversion issue, how does death affect passage of title?
If a party dies before the contract is completed, the seller's interest passes as personal property...
In assessing a Doctrine of Equitable Conversion issue, how does the Uniform Vendor and Purchaser Risk Act affect risk?
In states that have enacted UVPRA, the risk is on the seller unless the buyer has title or possessio...
What is the Doctrine of Equitable Conversion?
Once a land sale contract is signed, the buyer is the equitable owner and thus the risk of loss pass...
How does the Statute of Frauds apply to land sale contracts, and what is the effect of part performance?
The Statute of Frauds applies to land sale contracts, which must be (1) in writing; (2) signed by th...
In assessing the formalities of a deed, when is acceptance valid?
Acceptance is presumed.
Who does title insurance protect?
Title insurance only protects the holder of the policy and does not run with the land.
What is a quitclaim deed?
A quitclaim deed conveys whatever interest the grantor has, if any—no covenants included.
In assessing the formalities of a deed, what are the rules of construction and priority for the description of the land?
1. Natural Monuments 2. Artificial Monuments 3. Course 4. Distances 5. Name 6. Quantity
How does a court treat a void deed?
A void deed is set aside by the court even if the property passed to a bona fide purchaser.
