California Prior instruments and Obligations

State:
Multi-State
Control #:
US-OG-506
Format:
Word; 
Rich Text
Instant download

Description

This is a Prior instruments and Obligations form, in addition to being made subject to all conveyances, reservations, and exceptions or other instruments of record, this assignment is made and assignee accepts this assignment subject to all terms, provisions, covenants, conditions, obligations, and agreements, including but not limited to the plugging responsibility for any well, surface restoration, or preferential purchase rights, contained in any contracts existing as of the effective date of this assignment and affecting the assigned property, whether or not recorded.

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FAQ

California mainly uses two types of deeds: the ?grant deed? and the ?quitclaim deed.? Most other deeds you will see, such as the common ?interspousal transfer deed,? are versions of grant or quitclaim deeds customized for specific circumstances.

Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word ?grant? is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.

The grant deed is the most common type of deed used in the selling of property. A grant deed must describe the property by legal description of boundaries and/or parcel numbers. A grant deed warrants that the grantor actually owned the title to transfer. The deed must be signed by the grantor and the grantee.

A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property.

The general warranty deed assures the buyer they are obtaining full ownership rights without valid potential legal issues with the title. The general warranty deed is the most common and preferred type of instrument used to transfer real estate titles in the United States.

You'll find most California property deeds at the County Clerk's office, also called the Registrar/Recorder office. Some of them provide online searches. Others require visiting their offices. For example, the San Diego County Clerk's Office provides online searches.

In summary, the payment of property taxes can create a presumption of ownership of a property. However, presumptive ownership of a property is not ?clean? title.

General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantor's ownership and a legal right to sell.

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California Prior instruments and Obligations