LEARNING OBJECTIVES
When you've finished reading this Chapter, you should be able to:
     ► identify the basic requirements for a valid deed.
     ► describe the seven fundamental types of deeds.
     ► explain how property may be transferred through involuntary alienation.
     ► distinguish transfers of title by will from transfers by intestacy.
     ► Define the following terms: acknowledgment; adverse possession; bargain and sale deed; deed;  deed of trust; devise; general warranty deed; grantee; granting clause; grantor; habendum clause; heirs; intestate; involuntary alienation; probate; quitclaim deed; reconveyance deed; special warranty deed; testate; testator; title; transfer tax; trustee's deed; voluntary alienation; and will.

REAL ESTATE PRACTICE & PRINCIPLES KEY WORD MATCH QUIZ --- CLICK HERE ---
I would encourage you to take this “Match quiz” now as a pre-chapter challenge to see how many of these key words or phrases you are familiar with. At the end of each chapter I recommend that you take the quiz again to reinforce these important keywords. Each page contains four words or phrases and you need to drag and drop the correct definition into the puzzle key. Each page is considered as a question, but there is no scoring and you can return to each chapter quiz as many times as needed to reinforce your memory.

 WHY LEARN ABOUT... TRANSFER OF TITLE?
The material in this Chapter is one of those things that a good real estate agent will know about but will rarely deal with directly: This aspect of a real estate transaction is generally handled by attorneys and title companies. Nonetheless, as with other "legal" aspects of the transaction, an agent who is aware of the fundamentals of deeds and other title issues will know the kinds of questions to ask, and the kinds of warning signs to look for, in order to alert the title professionals to potential title issues.

► TITLE
The term title has two meanings. Title to real estate means the right to or ownership of the land; it represents the owner's bundle of rights, discussed in Chapter 2. Title also serves as evidence of that ownership. A person who holds the title would, if challenged in court, be able to recover or retain ownership or possession of a parcel of real estate. "Title" is just a way of referring to ownership; it is not an actual printed document. The document by which the owner transfers his or her title to another is the deed. The deed must be recorded to give public notice of the holder's ownership.

Real estate may be transferred voluntarily by sale or gift. Alternatively, it may be transferred involuntarily by operation of law. Real estate may be transferred while the owner lives or by will or descent after the owner dies. In any case, it is the title that is transferred as a symbol of ownership.

► VOLUNTARY ALIENATION
Voluntary alienation is the legal term for the voluntary transfer of title. The owner may voluntarily transfer title by either making a gift or selling the property. To transfer during one's lifetime, the owner must use some form of deed of conveyance.

A deed is the written instrument by which an owner of real estate intentionally conveys the right, title, or interest in the parcel of real estate to someone else. The statute of frauds requires that all deeds be in writing. The owner who transfers the title is referred to as the grantor. The person who acquires the title is called the grantee. A deed is executed (that is, signed) only by the grantor. To be able to execute a valid deed, the grantor must have legal capacity.

Requirements for a Valid Deed
Although the formal requirements vary, most states require that a valid deed contain the following elements:
► Grantor who has the legal competency to execute (sign) the deed
► Grantee named with reasonable certainty to be identified
► Recital of consideration
► Granting clause (words of conveyance)
► Habendum clause (to define ownership taken by the grantee)
► Accurate legal description of the property conveyed
► Any relevant exceptions or reservations
► Signature of the grantor, which must be acknowledged
► Delivery of the deed and acceptance by the grantee to pass title

A deed also may include a description of any limitations on the conveyance of a full fee simple estate and a recital of any exceptions and reservations (also known as "subject to" clauses) that affect title to the property.

Grantor.
A grantor must be of lawful age, usually at least 18 years old. A deed executed by a minor is generally voidable.

A grantor also must be of sound mind. Generally, any grantor who can understand the action is viewed as mentally capable of executing a valid deed. A deed executed by someone who was mentally impaired at the time is voidable, but it is not void. If, however, the grantor has been judged legally incompetent, the deed will be void. Real estate owned by someone who is legally incompetent can be conveyed only with a court's approval.

The grantor's name must be spelled correctly and consistently throughout the deed. If the grantor's name has been changed since the title was acquired, as when a person changes his or her name by marriage, both names should be shown—for example, "Mary Smith, formerly Mary Jones."

Grantee.
To be valid, a deed must name a grantee. The grantee must be specifically named so that the person to whom the property is being conveyed can be readily identified from the deed itself.

 FOR EXAMPLE  Olive wanted to convey Whiteacre to her nephew, Jack Jackson. In the deed, Olive wrote the following words of conveyance: "I, Olive Burbank, hereby convey to Jack all my interest in Whiteacre." The only problem was that Olive also had a son named Jack, a cousin Jack, and a neighbor Jack. The grantee's identity could not be discerned from the deed itself. Olive should have conveyed Whiteacre to my nephew, Jack Jackson."

If more than one grantee is involved, the granting clause should specify their rights in the property. The clause might state, for instance, that the grantees will take title as joint tenants or tenants in common. This is especially important when specific wording is necessary to create a joint tenancy.

Consideration.
A valid deed must contain a clause acknowledging that the grantor has received consideration. Generally, the amount of consideration is stated in dollars. When a deed conveys real estate as a gift to a relative, love and affection may be sufficient consideration. In most states, however, it is customary to recite a nominal consideration, such as "$10 and other good and valuable consideration."
 
Granting clause (words of conveyance)
A deed must contain a granting clause that states the grantor's intention to convey the property. Depending on the type of deed and the obligations agreed to by the grantor, the wording would be similar to one of the following:
► "I, JKL, convey and warrant ..."
► "I, JKL, remise, release, alienate, and convey ..."
► "I, JKL, grant, bargain, and sell ..."
► "I, JKL, remise, release, and quitclaim ..

A deed that conveys the grantor's entire fee simple interest usually contains wording such as "to ABC and to her heirs and assigns forever." If the grantor conveys less than his or her complete interest, such as a life estate, the wording must indicate this limitation—for example, "to ABC for the duration of her natural life."

Habendum clause.
When it is necessary to define or explain the ownership to be enjoyed by the grantee, a habendum clause may follow the granting clause. The habendum clause begins with the words to have and to hold. Its provisions must agree with those stated in the granting clause. For example, if a grantor conveys a time-share interest or an interest less than fee simple absolute, the habendum clause would specify the owner's rights as well as how those rights are limited (a specific time frame or certain prohibited activities, for instance).

Legal description of real estate.
To be valid, a deed must contain an accurate legal description of the real estate conveyed. Land is considered adequately described if a competent surveyor can locate the property using the description.

Exceptions and reservations.
A valid deed must specifically note any encumbrances, reservations, or limitations that affect the title being conveyed. This might include such things as restrictions and easements that run with the land. In addition to citing existing encumbrances, a grantor may reserve some right in the land, such as an easement, for his or her own use. A grantor may also place certain restrictions on a grantee's use of the property. Developers often restrict the number of houses that may be built on each lot in a subdivision. Such private restrictions must be stated in the deed or contained in a previously recorded document, such as the subdivider's master deed, that is expressly referred to in the deed. Many of these deed restrictions have time limits and often include renewal clauses.

Signature of grantor.
To be valid, a deed must be signed by all grantors named in the deed. Some states also require witnesses to the grantor's signature.

Most states permit an attorney-in-fact to sign for a grantor. (An attorney-in-fact is not necessarily an attorney-at-law.) The attorney-in-fact must act under a power of attorney—the specific written authority to execute and sign one or more legal instruments for another person. Usually, the power of attorney must be recorded in the county where the property is located. The power of attorney terminates when the person on whose behalf it is exercised dies. As a result, adequate evidence must be submitted that the grantor was alive at the time the attorney-in-fact signed the deed.
 
In some states, a grantor's spouse is required to sign any deed of conveyance to waive any marital or homestead rights. This requirement varies according to state law and depends on the manner in which title to real estate is held.

Many states still require a seal (or simply the word seal) to be written or printed after an individual grantor's signature. The corporate seal may be required of a corporate grantor.

Acknowledgment.
An acknowledgment is a formal declaration that the person who signs a written document does so voluntarily and that his or her signature is genuine. The declaration is made before a notary public or an authorized public officer, such as a judge, a justice of the peace, or some other person as prescribed by state law. An acknowledgment usually states that the person signing the deed or other document is known to the officer or has produced sufficient identification to prevent a forgery. The form of acknowledgment required by the state where the property is located should be used even if the party signing is a resident of another ("foreign") state.

An acknowledgment (that is, a formal declaration before a notary public) is not essential to the validity of the deed unless it is required by state statute. However, a deed that is not acknowledged is not a completely satisfactory instrument. In most states, an unacknowledged deed is not eligible for recording.

Delivery and acceptance.
A title is not considered transferred until the deed is actually delivered to and accepted by the grantee. The grantor may deliver the deed to the grantee either personally or through a third party. The third party, commonly known as an escrow agent (or settlement agent), will deliver the deed to the grantee as soon as certain requirements have been satisfied. Title is said to "pass" only when a deed is delivered and accepted. The effective date of the transfer of title from the grantor to the grantee is the date of delivery of the deed itself. When a deed is delivered in escrow, the date of delivery generally relates back to the date it was deposited with the escrow agent. (However, under the Torrens system, as discussed in Chapter 13, title does not pass until the deed has been examined and accepted for registration.)

Execution of Corporate Deeds
The laws governing a corporation's right to convey real estate vary from state to state. However, two basic rules must be followed:
     1) A corporation can convey real estate only by authority granted in its bylaws or on a proper resolution passed by its board of directors. If all or a substantial portion of a corporation's real estate is being conveyed, usually a resolution authorizing the sale must be secured from the shareholders.
     2) Deeds to real estate can be signed only by an authorized officer.

Rules pertaining to religious corporations and not-for-profit corporations vary even more widely. Because the legal requirements must be followed exactly, an attorney should be consulted for all corporate conveyances.
 
A deed can take several forms, depending on the extent of the grantor's pledges to the grantee. Regardless of any guarantees the deed offers, however, the grantee will want additional assurance that the grantor has the right to offer what the deed conveys. To obtain this protection, grantees commonly seek evidence of title, discussed in Chapter 13.

The most common deed forms are the
► general warranty deed,
► special warranty deed,
► bargain and sale deed,
► quitclaim deed,
► deed in trust,
► trustee's deed,
► reconveyance deed, and
► deed executed pursuant to a court order.

General warranty deed.
A general warranty deed provides the greatest protection to the buyer. It is called a general warranty deed because the grantor is legally bound by certain covenants or warranties. In most states, the warranties are implied by the use of certain words specified by statute. In some states, the grantor's warranties are expressly written into the deed itself. Each state law should be examined, but some of the specific words include convey and warrant or warrant generally. The basic warranties are as follows:
► Covenant of seisin: The grantor warrants that he or she owns the property and has the right to convey title to it. (Seisin simply means "possession.") The grantee may recover damages up to the full purchase price if this covenant is broken.
► Covenant against encumbrances: The grantor warrants that the property is free from liens or encumbrances, except for any specifically stated in the deed. Encumbrances generally include mortgages, mechanics' liens, and easements. If this covenant is breached, the grantee may sue for the cost of removing the encumbrances.
► Covenant of quiet enjoyment: The grantor guarantees that the grantee's title will be good against third parties who might bring court actions to establish superior title to the property. If the grantee's title is found to be inferior, the grantor is liable for damages.
► Covenant of further assurance: The grantor promises to obtain and deliver any instrument needed to make the title good. For example, if the grantor's spouse has failed to sign away dower rights, the grantor must deliver a quit-claim deed (discussed later in this Chapter) to clear the title.
► Covenant of warranty forever: The grantor promises to compensate the grantee for the loss sustained if the title fails at any time in the future.

These covenants in a general warranty deed are not limited to matters that occurred during the time the grantor owned the property; they extend back to its origins. The grantor defends the title against both himself or herself and all those who previously held title.
 
Special warranty deed.
A special warranty deed contains two basic warranties:
1) That the grantor received title
2) That the property was not encumbered during the time the grantor held title, except as otherwise noted in the deed

In effect, the grantor defends the title against himself or herself. The granting clause generally contains the words: "Grantor remises, releases, alienates, and conveys." The grantor may include additional warranties, but they must be specifically stated in the deed. In areas where a special warranty deed is more commonly used, the purchase of title insurance is viewed as providing adequate protection to the grantee.

A special warranty deed may be used by fiduciaries such as trustees, executors, and corporations. A special warranty deed is appropriate for a fiduciary because he or she lacks the authority to warrant against acts of predecessors in title (the former owners). A fiduciary may hold title for a limited time without having a personal interest in the proceeds. Sometimes, a special warranty deed may be used by a grantor who has acquired title at a tax sale.

Bargain and sale deed.
A bargain and sale deed contains no express warranties against encumbrances. It does, however, imply that the grantor holds title and possession of the property. The words in the granting clause are usually HIJ grants and releases or XYZ grants, bargains, and sells. Because the warranty is not specifically stated, the grantee has little legal recourse if title defects appear later. In some areas, this deed is used in foreclosures and tax sales. The buyer should purchase, or the seller provide, title insurance for protection.

A covenant against encumbrances initiated by the grantor may be added to a standard bargain and sale deed to create a bargain and sale deed with covenant against the grantor's acts. This deed is roughly equivalent to a special warranty deed. Warranties used in general warranty deeds may be inserted into a bargain and sale deed to give the grantee similar protection.

Quitclaim deed.
A quitclaim deed provides the grantee with the least protection of any deed. It carries no covenants or warranties and generally conveys only whatever interest the grantor may have when the deed is delivered. If the grantor has no interest, the grantee will acquire nothing. Nor will the grantee acquire any right of warranty claim against the grantor. A quitclaim deed can convey title as effectively as a warranty deed if the grantor has good title when he or she delivers the deed, but it provides none of the guarantees that a warranty deed does. Through a quitclaim deed, the grantor only "remises, releases, and quitclaims" his or her interest in the property, if any.

Usually, a quitclaim deed is the only type of deed that may be used to convey less than a fee simple estate. This is because a quitclaim deed conveys only the grantor's right, title, or interest.

A quitclaim deed is frequently used to cure a defect, called a cloud on the title. For example, if the name of the grantee is misspelled on a warranty deed filed in the public record, a quitclaim deed with the correct spelling may be executed to the grantee to perfect the title.

A quitclaim deed is also used when a grantor allegedly inherits property but is not certain that the decedent's title was valid. A warranty deed in such an instance could carry with it obligations of warranty, while a quitclaim deed would convey only the grantor's interest, whatever it may be.

One of the most common uses of the quitclaim deed, however, is a simple transfer of property from one family member to another.

Deed of trust.
A deed of trust (or deed in trust in some states) is the means by which a trustor conveys real estate to a trustee for the benefit of a beneficiary. The real estate is held by the trustee to fulfill the purpose of the trust. (See Figure 12.1.)

Reconveyance deed.
A reconveyance deed is used by a trustee to return title to the trustor. For example, when a loan secured by a deed of trust has been fully paid, the beneficiary notifies the trustee. The trustee then reconveys the property to the trustor. As with any document of title, a reconveyance deed should be recorded to prevent title problems in the future.

Trustee's deed.
A deed executed by a trustee is a trustee's deed. It is used when a trustee conveys real estate held in the trust to anyone other than the trustor. The trustee's deed must state that the trustee is executing the instrument in accordance with the powers and authority granted by the trust instrument.

Deed executed pursuant to court order.
Executors' and administrators' deeds, masters' deeds, sheriffs' deeds, and many other types are all deeds executed pursuant to a court order. These deeds are established by state statute and are used to convey title to property that is transferred by court order or by will. The form of such a deed must conform to the laws of the state in which the property is located.

One common characteristic of deeds executed pursuant to court order is that the full consideration is usually stated in the deed. Instead of "$10 and other valuable consideration," for example, the deed would list the actual sales price.

Transfer Tax Stamps
Many states have enacted laws providing for a state transfer tax (also referred to in some states as a grantor's tax) on conveyances of real estate. In these states, the tax is usually payable when the deed is recorded. In some states, the taxpayer purchases stamps (sometimes called documentary stamps) from the recorder of the county in which the deed is recorded. The stamps must be affixed to deeds and conveyances before the documents can be recorded. In other states, the tax-payer simply pays the clerk of court or county recorder the appropriate transfer tax amount in accordance with state and local law.

The transfer tax may be paid by the seller, by the buyer, or split between them, depending on local custom or agreement in the sales contract. The actual tax rate varies and may be imposed at the state, county, or city level. The rate might be calculated, for example, as $1.10 for every $1,000 of the sales price; as $.26 for every $500; or as a simple percentage.

In many states, a transfer declaration form (or a transfer statement or an affidavit of real property value) must be signed by both the buyer and the seller or their agents. The transfer declaration states
► the full sales price of the property;
► its legal description;
► the type of improvement;
► the address, date, and type of deed; and
► whether the transfer is between relatives or in accordance with a court order.

Certain deeds may be exempted from the tax, such as the following:
► Gifts of real estate
► Deeds not made in connection with a sale (such as a change in the form of co-ownership)
► Conveyances to, from, or between government bodies
► Deeds by charitable, religious, or educational institutions
► Deeds securing debts or releasing property as security for a debt
► Partitions
► Tax deeds
► Deeds pursuant to mergers of corporations
► Deeds from subsidiary to parent corporations for cancellations of stock

► INVOLUNTARY ALIENATION
Title to property may be transferred without the owner's consent by involuntary alienation. Involuntary transfers are usually carried out by operation of law—such as by condemnation or a sale to satisfy delinquent tax or mortgage liens. When a person dies intestate and leaves no heirs, the title to the real estate passes to the state by the state's power of escheat. As discussed in Chapter 7, land may be acquired through the process of accretion or actually lost through erosion.

Other acts of nature, such as earthquakes, hurricanes, sinkholes, and mudslides, may create or eliminate a landowner's holdings.

Adverse possession is another means of involuntary transfer. An individual who makes a claim to certain property, takes possession of it, and, most important, uses it may take title away from an owner who fails to use or inspect the property for a period of years. The law recognizes that the use of land is an important function of its ownership. Usually, the possession by the claimant must be all of the following:
► Open (that is, obvious to anyone who looks)
► Notorious (that is, known by others)
► Continuous and uninterrupted
► Hostile (that is, without the true owner's consent)
► Adverse to the true owner's possession

The necessary period of uninterrupted possession is a matter of state law. The statutory periods range from as few as 5 years in some states to as many as 30 years in others. Through the principle of tacking, successive periods of different adverse possession by different adverse possessors can be combined, enabling a person who is not in possession for the entire required time to establish a claim.

In order to establish title by adverse possession, there must be proof of nonpermissive use that is actual, open, notorious, exclusive, and adverse for the statutorily prescribed period. To claim title, the adverse possessor normally files an action in court to receive undisputed title. A claimant who does not receive title may acquire an easement by prescription.

IN PRACTICE   The right of adverse possession is a statutory right. State requirements must be followed carefully to ensure the successful transfer of title. The parties to a transaction that might involve adverse possession should seek legal counsel.

► TRANSFER OF A DECEASED PERSON'S PROPERTY
A person who dies testate has prepared a will indicating how his or her property will be disposed of. In contrast, when a person dies intestate (without a will), real estate and personal property pass to the decedent's heirs according to the state's statute of descent and distribution. In effect, the state makes a will for an intestate decedent.

Legally, when a person dies, ownership of real estate immediately passes either to the heirs by descent or to the persons named in the will. Before these individuals can take full title and possession of the property, however, the estate must go through a judicial process called probate, and all claims against the estate must be satisfied.

Transfer of Title by Will
A will is an instrument made by an owner to convey title to real or personal property after the owner's death. A will is a testamentary instrument, that is, it takes effect only after death. This differs from a deed, which must be delivered during the lifetime of the grantor and which conveys a present interest in property. While the testator, the person who makes a will, is alive, any property included in the will still can be conveyed by the owner. The parties named in a will have no rights or interests as long as the party who made the will lives; they acquire interest or title only after the owner's death.

Only property owned by the testator at the time of his or her death may be transferred by will. The gift of real property by will is known as a devise, and a person who receives property by will is known as a devisee.

For title to pass to the devisees, state laws require that on the death of a testator, the will must be filed with the court and probated. Probate is a legal procedure for verifying the validity of a will and accounting for the decedent's assets. The process can take several months to complete.
 
A will cannot supersede the state laws of dower and curtesy, which were enacted to protect the inheritance rights of a surviving spouse. When a will does not provide a spouse with the minimum statutory inheritance, he or she may demand it from the estate.

Legal requirements for making a will.
A will must be executed and prepared according to the laws of the state in which the real estate is located. Only a valid and probated will can effectively convey title to real estate.

A testator must have legal capacity to make a will. There are no rigid tests to determine legal capacity. Usually, a person must be of legal age and of sound mind. Legal age varies from state to state. To demonstrate sound mind, the testator must have sufficient mental capacity to understand the nature and extent of the property he or she owns. A testator must understand the identity of his or her natural heirs and that the property will go to those persons named in the will. The drawing of a will must be a voluntary act, free of any undue influence by other people.

In most states, a written will must be signed by its testator before two or more witnesses, who must also sign the document. The witnesses should not be individuals who are named as devisees in the will. Some states do not permit real property to be conveyed by oral (nuncupative) wills or handwritten (holographic) wills.

A testator may alter a will any time before his or her death. Any modification, amendment, or addition to a previously executed will is contained in a separate document called a codicil.

Transfer of Title by Descent
When a person dies intestate, title to his or her real estate and personal property passes to the decedent's heirs as determined by state law. Under a state's statute of descent and distribution, the primary heirs of the deceased are his or her spouse and close blood relatives (such as children, parents, brothers, sisters, aunts, uncles, and, in some cases, first and second cousins). The right to inherit under laws of descent varies from state to state, and intestate property is distributed according to the laws of the state in which the property is located. (See Table 12.1.)

Probate Proceedings
Probate is a formal judicial process that
► proves or confirms the validity of a will,
► determines the precise assets of the deceased person, and
► identifies the persons to whom the assets are to pass.

The purpose of probate is to see that the assets are distributed correctly. All assets must be accounted for, and the decedent's debts must be satisfied before any property is distributed to the heirs. In addition, estate taxes must be paid before any distribution. The laws of each state govern the probate proceedings and the functions of the individuals appointed to administer the decedent's affairs.
 
Assets that are distributed through probate are those that do not otherwise distribute themselves. For instance, property held in joint tenancy or tenancy by the entirety passes immediately. Probate proceedings take place in the county in which the decedent resided. If the decedent owned real estate in another county, probate would occur in that county as well.

The person who has possession of the will—normally the person designated in the will as executor—presents it for filing with the court. The court is responsible for determining that the will meets the statutory requirements for its form and execution. If a codicil or more than one will exists, the court will decide how these documents should be probated.

The court must rule on a challenge if a will is contested. Once the will is upheld, the assets can be distributed according to its provisions. Probate courts distribute assets according to statute only when no other reasonable alternative exists.

When a person dies intestate, the court determines who inherits the assets by reviewing proof from relatives of the decedent and their entitlement under the statute of descent and distribution. Once the heirs have been determined, the court appoints an administrator or a personal representative to administer the affairs of the estate—the role usually taken by an executor.
 
Whether or not a will is involved, the administrator or executor is responsible for having the estate's assets appraised and for ensuring that all the decedent's debts are satisfied. He or she is also responsible for paying federal estate taxes and state inheritance taxes out of the assets. Once all obligations have been satisfied, the representative distributes the remaining property according to the terms of the will or the state's law of descent.

IN PRACTICE    A broker entering into a listing agreement with the executor or administrator of an estate in probate should be aware that the amount of commission is fixed by the court and that the commission is payable only from the proceeds of the sale. The broker will not be able to collect a commission unless the court approves the sale.
 
 SUMMARY
 Title to real estate is the right to and evidence of ownership of the land. It may be transferred by voluntary alienation, involuntary alienation, will, and descent.

The voluntary transfer of an owner's title is made by a deed, executed (signed) by the owner as grantor to the purchaser or by donee as grantee.

Among the most common requirements for a valid deed are a grantor with legal capacity to contract, a readily identifiable grantee, a granting clause, a legal description of the property, a recital of consideration, exceptions and reservations on the title, and the signature of the grantor. In addition, the deed should be properly witnessed and acknowledged before a notary public or another officer to provide evidence that the signature is genuine and to allow recording. Title to the property passes when the grantor delivers a deed to the grantee and it is accepted. The obligation of a grantor is determined by the form of the deed. The words of conveyance in the granting clause are important in determining the form of deed.

A general warranty deed provides the greatest protection of any deed by binding the grantor to certain covenants or warranties. A special warranty deed warrants only that the real estate is not encumbered except as stated in the deed. A bargain and sale deed carries with it no warranties but implies that the grantor holds title to the property. A quitclaim deed carries with it no warranties whatsoever and conveys only the interest, if any, the grantor possesses in the property.

An owner's title may be transferred without his or her permission by a court action, such as a foreclosure or judgment sale, a tax sale, condemnation under the right of eminent domain, adverse possession, or escheat. Land may also be transferred by the natural forces of water and wind, which either increase property by accretion or decrease it through erosion or avulsion.

The real estate of an owner who makes a valid will (who dies testate) passes to the devisees through the probating of the will. The title of an owner who dies without a will (intestate) passes according to the provisions of the law of descent and distribution of the state in which the real estate is located.