Property Law Principles

  1. Title
    1. Equitable Title
      1. Definition and Characteristics
        1. Right to obtain full ownership at some point
        2. Benefits and Limitations
          1. Rights to benefit from property use
            1. Limits on transfer and exclusion
          2. Title Assurance
            1. Title Insurance
              1. Definition and Purpose
                1. Protects against unknown title defects
                  1. Coverage against financial losses
                  2. Types of Policies
                    1. Owner's Policy
                      1. Lender's Policy
                      2. Claims and Settlement Processes
                        1. Process for filing a claim
                          1. Evaluation and resolution of defects
                          2. Limitations and Exclusions
                            1. Known issues prior to policy
                              1. Zoning and regulatory issues
                          3. Transfer of Title
                            1. Deeds
                              1. General Requirements
                                1. Grantor and grantee requirements
                                  1. Necessary elements for validity
                                    1. Written document
                                      1. Signature of the grantor
                                    2. Warranty Deed
                                      1. Full guarantees by the grantor
                                        1. Protection against all defects
                                          1. Common uses and benefits
                                          2. Quitclaim Deed
                                            1. No guarantees as to the condition of the title
                                              1. Used to clear title issues
                                                1. Applications in family transfers
                                                2. Special Warranty Deed
                                                  1. Limited guarantees covering the period of the grantor's ownership
                                                    1. Differences from Warranty Deed
                                                    2. Execution and Delivery
                                                      1. Proper execution requirements
                                                        1. Necessity of delivery and acceptance
                                                      2. Other Methods of Title Transfer
                                                        1. Operation of Law
                                                          1. Intestate succession
                                                            1. Escheat to the state
                                                            2. Court Orders
                                                              1. Probate proceedings
                                                                1. Court settlements