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Terms in this set (22)

The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

The Barretts claim the property belonged to them because of a legal transfer through the ______________.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

A deed transfers ________________ to ___________ property.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

There are four types of deeds: a _____________________ deed, which provides the most protection for a buyer; a ____________________ ___________________ deed , which limits the grantor's promises to the grantee; a ________________________ deed, which does not necessarily convey full title, but conveys whatever interest the grantor has in the property at the time of conveyance; and a ______________ deed, which includes an implied warranty that the grantor owns the property and has not previously transferred it to someone else.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

Both the 1945 and 1973 deeds were _____________________ deeds.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

A warranty deed promises the buyer that the seller ______________ have title to, and power to convey, the land being sold.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

The 1945 deed ________________ conveyed the disputed tract from the Nunns to the Prescotts.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

The _______________________ description in the 1973 deed seemed to include the disputed acreage.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

The _____________ and ___________________ description in the 1973 deed _____________ include the disputed acreage.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

Metes and bounds is a system of measuring boundary lines by the distance between two points, often using physical features of the _________________________.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

In this situation, the general description of the land being conveyed ____________ conflict with the metes and bounds description.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

A deed must include a ____________________ sufficient description of the land, either by reference to an official ______________ or recorded _____________ or by the system of ______________ _________ ___________________.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

In this case, the description contained in the _________________ _________ ____________________ will control and the Barretts ______________ own the property.
The Barretts and the McGregors are adjacent property owners. There is a fence, built in the late 1940's, separating their properties. The Barretts bought their property in 1973 from the Prescott family with a warranty deed recorded in the appropriate government office. The Prescott family had purchased the property from the Nunn family in 1945, also with a warranty deed recorded in the appropriate government office. The Barretts attempted to sell their property and a dispute arose regarding the boundaries of the property. The property in dispute consisted of 34.28 acres in a heavily wooded area behind the residences. The disputed property was on the McGregor's side of the fence, but the Barretts argued that the deeds clearly outline the disputed property as part of their land. To trace their ownership, the Barretts produced the 1945 deed which described the land in great detail, using metes and bounds, and clearly included the 34.28 acres. The Barretts also produced the 1973 deed which Included a general description using the words, "the tract described in the 1945 deed from Nunn to Prescott." In other words, in the 1973 Deed's general description, the Prescott family claimed to convey their entire parcel obtained through the 1945 Deed, including the 34.28 acres in dispute. In contrast, the 1973 Deed's metes-and-bounds description did not contain the 34.28 acres. Instead, the 34.28 acres were directly next to the property described by the metes and bounds in the 1973 deed. Who owned the property?

Because the land _______________ transferred to the Barretts, it would be owned by the __________________.