Glossary of Property II after midterm
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- Traditional Discuss
- —the courts look at the physical premises for problems.
- Definition @ interest or rights to land
- —every right to or interest in the land which may subsist in third persons, to the diminution in values of the value of the land, but consistent with the passing of the fee by conveyance.
- If the buyer knows of the encumbrance, courts will generally hold ?
- e.g., turn on the lights. If it is an encumbrance that society wants, courts will hold it not to be a breach. Generally, these encumbrances will be part of the exceptions to the deed.
- Discuss Zoning Restriction Violation
- —the seller must have actually knowledge of the violation at the time of transfer for this to be a breach of the deed.
- Discuss Not breaches
- —inchoate liens or lis pendens
- Discuss Damages
- —cost of removing encumbrance or difference in value of land because of the encumbrance (= FMV w/o encumbrance – FMV w/encumbrance), not to exceed consideration paid.
- Future Discuss
- —covenants that run with the land and are breached upon ejectment.
- Discuss Types Warranty Discuss
- GWD Discuss—the grantor warrants what is in the deed and will protect against any lawful claims brought against the title by any person.
- SWD Discuss
- —the grantor will defend against only lawful claims that arise by, through, and under the grantor.
- Quiet Enjoyment Discuss
- —the grantor warrants and will defend against anyone who presents superior title to the property and interferes with the grantee’s use and enjoyment of the property.
- Discuss disturbance of grantee
- Grantee must be disturbed - evicted or ejected. The disturbing party must make an act or claim.
- Discuss Further Assurances
- —the grantor will sign or do any document or do whatever is necessary to perfect/effectuate title.
- Discuss Doctrine of After-Acquired Title replaces title
- sort of replaces this covenant.
- Discuss examples of the Doctrine of After-Acquired Title
- —A to B. A does not have title, but later A gets title. Title automatically goes to B.)
- I. Discuss Title Insurance
- —protects against unknown claims and encumbrances covered by the policy. A buyer will hire a lawyer to search the title. The lawyer will make a list of any clouds and encumbrances that might affect the title.
- I. Discuss Title Assurance for the Title Search
- —Records of title are kept by the county register of deeds. A buyer brings the instruments to be recorded into the register of deeds’ office. The deed will be time stamped. A doc tax is paid. The register keeps the instruments to copy them. The original is mailed back to the cc person
- Title assurance: Discuss use of index and the return box
- . The register will place the grantor and grantee’s names in the grantor and grantee index.
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