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§ 18-12-101. Definition and applicability

(a) The term “real estate” as used in this act shall be construed as co-extensive in meaning with “lands, tenements, and hereditaments” and as embracing all chattels real. (b) This act shall not be construed so as to embrace last wills and testaments.

§ 18-12-102. Transfer by deed — Warranty

(a) All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin. (b) The words, “grant, bargain and sell” shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrance […]

§ 18-12-103. Restrictive covenants — Definition

(a) As used in this section, “restrictive covenant” means a restriction on the use or development of real property regardless of whether the restriction is created by a covenant in a deed or bill of assurance, or by any other instrument. (b) An instrument creating a restrictive covenant is not effective to restrict the use […]

§ 18-12-104. Execution of deeds

Deeds and instruments of writing for the conveyance of real estate shall be executed in the presence of two (2) disinterested witnesses or, in default thereof, shall be acknowledged by the grantor in the presence of two (2) such witnesses, who shall then subscribe the deed or instrument in writing for the conveyance of the […]

§ 18-12-105. Estate of fee simple presumed

The term “heirs”, or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, but all deeds shall be construed to convey a complete estate of inheritance in fee simple unless expressly limited by appropriate words in the deed.

§ 18-12-106. Joint tenants with right of survivorship

(a) Interests in real property may be conveyed to two (2) or more persons, regardless of their relationship to each other, as joint tenants with right of survivorship. (b) Any person who owns an interest in real property may convey that interest or any portion thereof to himself or herself and one (1) or more […]

§ 18-12-107. Transfer fee covenants prohibited — Definitions

(a) As used in this section: (1) “Association” means a nonprofit, mandatory-membership organization: (A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and (B) Created pursuant to declaration, covenant, bill of assurance, master deed, or other applicable law; (2) “Licensee” means […]

§ 18-12-108. Scrivener’s affidavits — Definition

(a) As used in this section, “scrivener’s affidavit” means a sworn and acknowledged affidavit relating to: (1) The identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property; (2) The identification of a corporation or other legal entity […]