National portion

Ownership & Title vocabulary

11 terms, defined plainly. Where a term is commonly confused with another, the definition says so — that confusion is usually the wrong answer.

Fee simple absolute

The most complete freehold estate — the full bundle of rights, indefinitely inheritable.

Life estate

A freehold estate measured by a life; on that death it passes to the remainderman (or reverts to the grantor).

Joint tenancy

Co-ownership with the four unities and right of survivorship — a deceased co-owner's share passes to surviving co-owners, outside probate.

Tenancy in common

Co-ownership with NO survivorship — each owner's undivided interest passes by will or intestacy; shares may be unequal.

Constructive notice

Legal notice the world is deemed to have from the PUBLIC RECORD — created by recording. Actual notice is what a person really knows.

Delivery and acceptance

What passes title on a deed: the grantor must deliver and the grantee accept during the grantor's lifetime. Recording protects priority but is NOT required for validity between the parties.

General warranty deed

Deed with the strongest grantor promises — covenants of seisin, quiet enjoyment, against encumbrances, further assurance, and warranty forever, covering the property's whole history.

Quitclaim deed

Deed with NO warranties — conveys only whatever interest the grantor may have; commonly used to clear title clouds.

Chain of title

The recorded SEQUENCE of ownership. A title search is the process of examining it; an abstract of title is the summary document.

Adverse possession

Acquiring title by open, notorious, hostile, continuous possession for the statutory period.

Intestate

Dying without a valid will — the estate passes to heirs under the state's law of descent and distribution, through probate.