Chapter 8 of 156% of exam

Transfer of Title

Title is the evidence of ownership. This topic covers deeds and their covenants, how title passes, and how recording protects it.

Deeds and Covenants

A valid deed is written, names the parties, describes the land, contains words of conveyance, and is signed by the grantor and delivered and accepted. A general warranty deed provides the strongest covenants against all defects; a special warranty deed covers only the grantor's ownership period; a quitclaim deed conveys only whatever interest the grantor holds, with no warranties. Deeds transfer title when delivered and accepted.

Recording and Title Assurance

Title may pass by sale, gift, will, descent, or adverse possession. Recording a deed provides constructive notice to the public and establishes priority against later claims. A title search reviews the chain of title, and title insurance protects the owner and lender against undiscovered defects, liens, or claims. Marketable title is title reasonably free of doubt.

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