This concludes Chapter 8. Below is a brief summary which you can review before you take your chapter quiz. 

The deed is NOT the title, but it IS evidence of the title.

Alienation is another term for "transfer or convey."

1. Alienation is a real estate term; it is the "right and evidence of ownership of the land."
2. A deed is a document that transfers ownership from grantor to grantee. 

The Grantor is the seller or the giver of the real estate. The Grantee is commonly known as the "Purchaser/or Receiver."

The basic deeds in real estate are:

1. General Warranty Deed;
   • Covenant of Seisin, Quiet Enjoyment, Against Encumbrances, Further Assurance, Warranty Forever.
2. Special Warranty Deed; Bargain and Sale Deed; Quit Claim. 

Requirements necessary for a deed to be considered VALID:

1. Premise: Grantor; Grantee; Accurate Legal Description.
2. Habendum: Consideration; Granting Clause; Habendum Clause; Designation of any limitations; Exceptions and Reservations.
3. Testimonium: Signature; Delivery and acceptance; Date (not a requirement). 

Parol Evidence Rule: oral agreements made prior to entering into a written contract may not be used in court to dispute provision expressed in the contract.

Statute of Frauds: A state law that requires certain contracts to be in writing and signed by the party to be charged to the agreement in order to be legally enforceable in a court of law.

Principal of Laches: used to bar a claim asserted after the passing of a statutory period of time.

Deed does not need to be recorded to be valid.

If an easement is not recorded, it is valid.

Recording the Deed establishes priority and provides constructive record. Needs to be notarized (attestation).

Constructive Notice: information that can be obtained from the public records at the courthouse.

Actual Notice is that which is legally known, but not recorded.

Caveat Emptor - Let the "buyer beware." 

Types of deed: Grant, Sheriff's, The Gift, Tax, Land and Trustee's Deed.

• A Trust Deed is NOT a deed. Rather, it pledges real property as security for the payment of a loan. Needs to be recorded within one week after the transaction.
• A Reconveyance Deed is a "deed" that is involved with the financing of real estate. 

Equitable title: the trustor can do with the property whatever the trustor pleases so long as the trustor does not jeopardize the interest of the lender (beneficiary).

In order to be accepted by the county recorder, a deed MUST contain all of the following:

• An acknowledgement (be notarized);
• The name and address to which future tax statements may be sent;
• The basis for the computation of the transfer tax;
• The names of all parties to the transaction;
• A complete legal description for identification of the property; and
• The payment of the recording fee.

In California, the general rule states that “The first to record is the first in right”.

Basic methods of deed delivery:

• Manual delivery, which is the direct transfer from the grantor to the grantee;
• Delivery through recording, which is the act of putting the title of record in the grantee's name at the county recorder's office;
• Conditional delivery, which mandates that a specific event happen before the title can be passed, and then the title must be passed through a third party. 

The delivery and acceptance of the deed convey title.