Real Estate - Chapter 6

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10 Terms

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Express Covenant

Covenants that are expressly inserted into the language of the deed or implied by common law rule or regulation.

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Implied Covenant

Intended or implied in other laws and public policy such as deeds cannot discriminate based on race or gender.

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Metes and Bounds

Uses boundaries and measurements of the land.

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Executor

Acts as a replacement for the testator or the decedent to prepare a deed, execute it it and transfer it to a a grantee.

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Quiet Enjoyment

Applies to leasehold estates. The lessor warrants that the lessee will have free and unfettered enjoyment to his leased premises during the duration of the lease.

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Recital

Sets out the change of title as it relates the the previous grantor and grantee.

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Indenture

Deeds that contain mutual covenants between the grantor and the grantee.

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Grantee

The one who receives title

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Recording

Making documents that affect property ownership readily available as matters of public record.

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Restrictive Covenant

Private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used; frequently used by owner/developer to maintain specific standards in a subdivision. The covenants are appurtenant.