This section is from the book "Real Estate Principles And Practices", by Philip A. Benson, Nelson L. North. Also available from Amazon: Real Estate Principles and Practices.
While not strictly in accord with legal theory, for practical considerations, title to real property passes usually in one of four ways.
1. By descent.
2. By will.
3. By voluntary alienation.
4. By involuntary alienation.
The right of a person's heirs to succeed to his title upon his death if he has failed to dispose of his real property by will is known as title by descent. Heirs are specifically designated by law as to their order of succession. In general children are first entitled to succeed and in their absence parents and brothers and sisters.
Usually a person owning real property endeavors to dispose of it by provision in his will. Such disposition is known as a "devise" and the taker is termed the "devisee." Subject to certain legal restrictions a devise may be made to anyone.
This is the term applied to all sales and gifts made during his lifetime by the owner of real property. Its necessary element is that the seller act of his own free will without legal compulsion. It includes the usual commercial transactions by which ownership of land is transferred.
All transfers of title brought about without the owner's consent may be placed in this class, such as: legal sales following foreclosure or enforcement of a lien, adverse possession, escheat to the State.
 
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