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The quitclaim deed is also sometimes used, although this document is most often used to disclaim any interest in a property rather than selling a property that one owns. A grant deed includes a detailed property description, which helps avoid confusion or disputes regarding the boundaries and characteristics of the property being transferred.
California Senator William M. Gwin presented a bill that was approved by the Senate and the House and became law on March 3, 1851. [2]: 100 [1] [3]That for the purpose of ascertaining and settling private land claims in the State of California, a commission shall be, and is hereby, constituted, which shall consist of three commissioners, to be appointed by the President of the United States ...
These California land grants were made by Spanish (1784–1821) and Mexican (1822–1846) authorities of Las Californias and Alta California to private individuals before California became part of the United States of America. [1] Under Spain, no private land ownership was allowed, so the grants were more akin to free leases.
The search finds the grant from the sovereign to the first grantee. This is usually in the form of a patent. Then, the grantee's name is searched in the grantor index to find the deed by which it has subsequently conveyed the title, and so forth until no more grants are found.
This is a deed "for which the grantor implies to have or have had an interest in the property but offers no warranties of title to the grantee." [2] Under common law, this type of deed technically created a use in the buyer who then gets the title. [3] Under the statute of uses, modern real property law disregards this subtle distinction.
Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower/trustor immediately executes a deed of trust giving the property to the ...