Section 34-11-31. – Application of previous deeds to successors.
§ 34-11-31. Application of previous deeds to successors. All instruments executed at any time during the period specified in § 34-11-30, in which any of the statutory forms authorized by chapter 1056 have been substantially followed are hereby declared of the same force and effect as if chapter 1056 as originally enacted had contained the […]
Section 34-11-32. – Application of covenants to successors in interest.
§ 34-11-32. Application of covenants to successors in interest. A covenant hereafter made relating to land of inheritance shall be deemed to be made with the covenantee, his or her heirs and assigns, and shall have effect as if heirs and assigns were expressed; a covenant hereafter made relating to land not of inheritance shall […]
Section 34-11-33. – Liability on covenant against incumbrances.
§ 34-11-33. Liability on covenant against incumbrances. Whoever hereafter conveys real estate by deed or mortgage containing a covenant that it is free from all incumbrances when an incumbrance appears of record to exist thereon, whether known or unknown to him or her, shall be liable to the grantee, his or her heirs, executors, administrators, […]
Section 34-11-34. – Conveyances executed by attorney — Recording of power.
§ 34-11-34. Conveyances executed by attorney — Recording of power. Any conveyance executed by attorney shall be as valid as if executed by the grantor himself, providing that a power of attorney be given by such grantor for this purpose; which power and the deed executed by the attorney thereunder shall be signed, acknowledged, delivered […]
Section 34-11-35. – Delivery of recorded instrument, when presumed.
§ 34-11-35. Delivery of recorded instrument, when presumed. When a duly signed and acknowledged instrument recorded on or after May 8, 1969 purporting to affect the title to real estate has been on record for a period of six (6) years, and, as to instruments recorded prior to May 8, 1969, for a period of […]
Section 34-11-36. – Defective acknowledgments.
§ 34-11-36. Defective acknowledgments. Any acknowledgment of or upon any instrument used in conveying, directly or indirectly, any interest in real estate in this state, including power of attorney, where the instrument has been on record for a period of ten (10) years, shall be construed to be a valid acknowledgment in accordance with the […]
Section 34-11-37. – Indefinite references to “trustee”.
§ 34-11-37. Indefinite references to “trustee”. The word “trustee” or the words “as trustee” or words of similar meaning, following the name of the grantee of real estate or any interest therein conveyed, transferred or assigned by an instrument duly executed and recorded, wherein the instrument fails to set forth the terms of the trust, […]
Section 34-11-26. – Use of word “grant” sufficient.
§ 34-11-26. Use of word “grant” sufficient. In any conveyance of real estate the word “grant” shall be a sufficient word of conveyance without the use of any of the words “give”, “bargain”, “sell”, and “convey”; and no covenant or warranty shall be implied from the use of any of the words “grant”, “grantor”, and […]
Section 34-11-27. – Words of inheritance not required — Fee simple presumed.
§ 34-11-27. Words of inheritance not required — Fee simple presumed. In any conveyances or reservation of real estate the terms “heirs”, “assigns”, or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee simple. A deed or reservation of real estate shall be construed to convey or […]
Section 34-11-18. – Meaning of quitclaim covenants.
§ 34-11-18. Meaning of quitclaim covenants. In any conveyance of real estate the words “with quitclaim covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, […]