Property Ownership, Interests, and Transfer of Title
Estates and Ownership Forms
Know the estates in land (fee simple absolute, life estate, leasehold) and the forms of co-ownership (tenancy in common, joint tenancy with right of survivorship, community property, and community property with right of survivorship). Understand how title passes at death under each form, and know the Arizona community property rules that affect married buyers and sellers. Learn about easements, licenses, encroachments, and other encumbrances, and distinguish appurtenant from in gross easements.
Transfer of Title
Understand deeds (warranty, special warranty, quitclaim, beneficiary deed), the requirements for a valid deed (grantor, grantee, words of conveyance, legal description, signature, delivery, acceptance), and recording. Know how title is evidenced, the role of title insurance, and the difference between actual and constructive notice. Understand adverse possession basics and the recording statutes.
Traps
Frequent traps: confusing joint tenancy with tenancy in common as to survivorship; assuming a quitclaim deed carries warranties; and overlooking that delivery, not mere signing, transfers title. Another trap is forgetting that a beneficiary deed is revocable and does not transfer title until death.
Worked Example
Two unmarried buyers take title as joint tenants; one dies without a will. Rule of thumb: joint tenancy carries a right of survivorship, so the surviving joint tenant takes the whole by operation of law, avoiding probate, while a tenancy in common share would pass through the estate.