Title questions test how ownership is proven, transferred and clouded. The exam distinguishes sharply between the types of deed and the level of protection each gives the grantee, and between encumbrances that affect use versus those that affect ownership.
28 terms you need to know
- Abstract of Title
- A condensed history of recorded documents affecting title to a parcel — deeds, mortgages, liens, judgments. Used to evaluate marketable title.
- Accretion
- Gradual addition to land through natural deposit of soil along a water boundary. The opposite of erosion.
- Acknowledgment
- A formal declaration before a notary that the signer executed a document voluntarily. Required for recording most deeds and mortgages in NY.
- Adverse Possession
- Acquisition of title to real property by occupying it openly, continuously, and exclusively for the statutory period — 10 years in NY for adverse possession against private owners.
- Affidavit of Title
- A sworn statement by the seller confirming no undisclosed liens, judgments, or other title defects exist since the title search was completed.
- Appurtenant Easement
- An easement that benefits a specific neighboring parcel (the dominant estate) and runs with the land. Compare with easement in gross.
- Closing
- The final step in a real estate transaction where ownership transfers, funds disburse, and the deed is delivered.
- Cloud on Title
- Any encumbrance or claim that may impair the marketability of title — an unpaid lien, an unresolved court order, an old recorded interest.
- Color of Title
- An apparent but invalid claim to title, such as a deed that is defective. Relevant in adverse possession claims.
- Covenant
- A binding agreement, especially a promise in a deed or lease. Restrictive covenants limit how the property may be used.
- Deed
- A written legal instrument that transfers title to real property from the grantor to the grantee. Must be delivered and accepted to be effective.
- Easement
- A right to use another’s land for a specific purpose — a utility right-of-way, an access path. Runs with the land if appurtenant.
- Easement Appurtenant
- An easement that benefits the owner of an adjacent parcel (the dominant estate) and burdens the servient estate. Transfers with property ownership.
- Easement in Gross
- An easement that benefits a person or entity rather than a parcel — typical of utility easements.
- Encroachment
- An unauthorized intrusion of one property onto another — a fence over the line, a roof overhang.
- Encumbrance
- Anything that affects or limits title to property: a lien, easement, deed restriction, or encroachment.
- Grant
- The act of conveying title from grantor to grantee, usually through a deed.
- License (Property)
- A revocable personal permission to use another’s land — narrower than an easement and not assignable.
- Marketable Title
- Title free of significant defects, allowing a reasonable buyer to accept without fear of future legal challenge.
- Notice
- Actual notice = known directly. Constructive notice = knowledge imputed by public recording. Recording a deed in NY gives constructive notice to the world.
- Quitclaim Deed
- A deed that transfers whatever interest the grantor has, with no warranties. Often used between family or to clear clouds on title.
- Recording
- Filing a document (deed, mortgage, lien) in the county clerk’s office to give constructive notice to the public.
- Restrictive Covenant
- A private deed restriction limiting how property may be used. Enforceable as long as it doesn’t violate fair housing or public policy.
- Riparian Rights
- Rights of an owner of land bordering a non-navigable waterway to reasonable use of the water.
- Title Insurance
- Insurance protecting against losses from undiscovered title defects. NY rates are regulated by the NY Department of Financial Services.
- Title Search
- Examination of public records to confirm ownership and identify encumbrances.
- Trustee
- A person or entity holding legal title to property for the benefit of another (the beneficiary).
- Warranty Deed
- A deed in which the grantor warrants title against defects. The strongest form of deed protection for the buyer.
Commonly confused
Warranty deed vs quitclaim deed
A full covenant and warranty deed gives the grantee the strongest protection, warranting title back through all prior owners. A quitclaim conveys only whatever interest the grantor has, with no warranty at all — it may convey nothing.
Easement vs encroachment
An easement is a legal right to use another's land. An encroachment is an unauthorised physical intrusion onto it, such as a fence built over the boundary line. One is permitted, the other is a defect.
Easement appurtenant vs easement in gross
An appurtenant easement benefits an adjoining parcel and transfers with the land. An easement in gross benefits a person or company, such as a utility, and does not run with the land in the same way.
How this is tested
Know your deeds by warranty level: a full covenant and warranty deed offers the most protection, a quitclaim the least. Easements appear in nearly every exam — be able to separate an easement appurtenant from an easement in gross, and an easement from an encroachment.
Keep studying
- NY Real Estate Exam Topics: Complete Study Guide
- Full NY Real Estate Glossary
- 484 free flashcards
- Full NY Real Estate Glossary — all 161 terms
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