Useful Links
Law
Property Law Principles
Title
Legal Title
Definition and Characteristics
Actual ownership of property
Recorded in the property records
Legal rights of control and exclusion
Methods of Acquisition
Purchase
Inheritance
Court order
Implications in Legal Disputes
Priority of claims
Resolutions in ownership conflicts
Equitable Title
Definition and Characteristics
Right to obtain full ownership at some point
Present when another party holds legal title
Relationship to Legal Title
Equitable ownership without formal record
Importance in trust agreements
Benefits and Limitations
Rights to benefit from property use
Limits on transfer and exclusion
Title Assurance
Title Search
Purpose and Process
Confirming the legitimacy of the title
Identifying potential encumbrances
Role of Title Abstractors
Examination of historical and current records
Identifying liens, encumbrances
Importance in Property Transactions
Ensuring buyer protection
Establishing ownership history
Title Insurance
Definition and Purpose
Protects against unknown title defects
Coverage against financial losses
Types of Policies
Owner's Policy
Lender's Policy
Claims and Settlement Processes
Process for filing a claim
Evaluation and resolution of defects
Limitations and Exclusions
Known issues prior to policy
Zoning and regulatory issues
Transfer of Title
Deeds
General Requirements
Grantor and grantee requirements
Necessary elements for validity
Written document
Legal description of the property
Signature of the grantor
Warranty Deed
Full guarantees by the grantor
Protection against all defects
Common uses and benefits
Quitclaim Deed
No guarantees as to the condition of the title
Used to clear title issues
Applications in family transfers
Special Warranty Deed
Limited guarantees covering the period of the grantor's ownership
Differences from Warranty Deed
Execution and Delivery
Proper execution requirements
Necessity of delivery and acceptance
Other Methods of Title Transfer
Operation of Law
Intestate succession
Escheat to the state
Court Orders
Probate proceedings
Court settlements
Adverse Possession (as related to title)
Ownership claims through continued use
Legal implications on title transfer
2. Possession
First Page
4. Transfer of Interests