Sign-in Help. Where voluntary alienation occurs. Personal Property Volume 80 Commentary. To view this document in full, take a free trial of LexisLibrary and benefit from: Access to 20 million legal documents from over 1, Sources as part of our archive The ability to download court judgments within 30 minutes of their release New enactments available within 24 hours of publication on legislation.
Miss Mrs. Legal Categories. In the sixteen years since he married his high school sweetheart, Axel has had two kids, worked his way up several rungs of the corporate ladder and now owns a respectable bungalow in a nice, quiet suburb.
However all is not well here; over the years, the emotional distance between Axel and his wife has grown, and they have become less and less functional as both parents and partners. One night, their relationship reaches its tipping point.
Another promise made by the seller is a promise of quiet enjoyment , meaning that the buyer does not have to worry about any third-party claims against ownership of the property in the future. The second type of deed that can be used is called a special warranty deed.
The seller promises everything has been alright since they have owned the property; however, there are no promises before that. This is commonly used by relocation companies who own property for a short time and then resell the property. With a bargain and sale deed , the only promise the seller makes is that the seller owns the property. The fourth type of deed is called a quitclaim deed. This is where the seller quits claiming rights to the property but makes no promises whatsoever.
A quitclaim deed provides the least amount of protection for the buyer because no promises are made, not even the promise of ownership. Quitclaim deeds are typically used to quiet a cloud on the title. A cloud on the title means that something is not quite right, such as an ownership dispute, or a misspelled name. Quitclaim deeds can be used to resolve these types of problems. Real estate can be transferred through a will.
If a person dies with a valid will, we call that testate. Conversely, if a person dies without a valid will, we call that intestate. If a person does die with a valid will, the person named in the will to carry out that will is referred to as the executor. Real estate can also be transferred by what is called involuntary alienation , which is a transfer of property without owner consent. This can happen when a person dies intestate without a valid will , causing the courts to determine who receives the property.
The property then passes according to what we call descent. Descent refers to the person the property will descend to. Property can be transferred through adverse possession , which is basically legalized stealing. That person can then obtain ownership of the property they have been caring for.
This is similar to an easement by prescription; however, adverse possession actually allows one to gain ownership of the entire property, not merely an easement. Another type of involuntary alienation is a foreclosure sale , where one receives a tax deed or a sheriff's deed to a property being auctioned off. Sometimes property can even be transferred by water or wind through a process called erosion. Erosion is a gradual wearing away of soil.
Accretion is a gradual buildup of soil. If we have a slow-changing event where the soil erodes away and builds up somewhere else, one can actually gain or lose land. Let's contrast that with an avulsion , which is a sudden change or sudden transfer.
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