03-LAND BOUNDARY LAW Flashcards
- A grantor and grantee are in the closing stages of the transfer of real property. A third party holds a grant that will be delivered only when all of the conditions for the transfer arc complete. Which of the following terms describes the third party?
(A) a scrivener
(B) an escrow agent
( C) a disseisor
(D) a remainderman
(B) An Escrow Agent
Solution: The grantor places the deed with an escrow agent to be held until all conditions of the
sale contract arc fulfilled.
- When the public good is involved and adequate compensation is offered, private property may be taken for public usee under what principle?
(A) estoppel
(B) entitlement
(C) oyer
(D) eminent domain
(D) Eminent Domain
Solution: Eminent domain is considered to be the assumption of dominion over private property by the state. It is one of the few limitations, on a fee simple absolute.
- What type of evidence is usually not admissible in court to cure a patent ambiguity in an instrument?
(A) parol evidence
(B) evidentia
(C) ewage
(D) parole evidence
(A) Parol Evidence
Solution: Spoken evidence, or parol evidence, is not usually admissible in court to cure a patent ambiguity in a deed because it would violate the Statute of Frauds.
- Which of the following terms includes unpaid taxes, mortgages₁ easements, leases, and liens?
(A) pedis positio
(B) escheat
(C) disseisin
(D) encumbrances
(D) Encumbrances
Solution: In real property\ an encumbrance is a right or interest in the land of another that diminishes its
value, but not to the extent that the land cannot be sold.
- The term fee simple absolute describes a. type of estate in real property. Which phrase defines the idea further?
(A) Subject to the condition that if something specified comes to pass, the original grantor may
reenter and retake the title.
(B) If the owner dies intestate\ the title reverts to the original grantor.
(C) The title is valid for a specified period of time.
(D) The title is without limitations or conditions to the owner, his heirs, and assigns.
(D) The title is without limitations or conditions to the owner, his heirs, and assigns
Solution: For all practical purposes, the fee simple absolute is the greatest available interest in real property.
- Which of the following conditions is essential for the execution of a valid deed?
(A) The deed must be recorded.
(B) There must be a perambulation of the boundary.
(C) It must be sealed with a stamp specified by the laws of the state.
(D) It must have a written or printed form.
(D) It must have a written or printed form.
Solution:
The only condition that is essential is the written or printed form. The others may occur, but are
not necessary in all cases. For example1 a valid consideration must he exchanged between the
grantee and the grantor, hut that consideration need not be money.
- Which of the following is a revocable right in real property?
(A) an casement
(B) a license
(C) a lien
(D) an escheat
(B) a license
Solution: A license, such as a privilege to enter, is nonpossessory and revocable. One of the salient differences between a license and an easement is the license’s revocability.
- When an owner dies without will or heir₁ the state becomes the proprietor under which feudal
doctrine?
(A) escheat
(B) escobedo rule
( C) Massachuestts rule
(D) loquela
(A) Escheat
Solution: When no one is available to inherit the estate of a property owner who has died intcstate₁
escheat is exercised. The property reverts to the state.
- Which term applies to the land over which an appurtenant easement passes?
(A) dominant estate
(B) incorporeal tenement
( C) servient estate
(D) fee tail
(C) Servient Estate
Solution: The servient estate is subject to rights such as ingress and egress to the dominant estate. The dominant estate is served by the servient estate.
Which of the following terms applies to a written instrument that appears to convey title to real property, but actually docs not?
(A) quitclaim deed
(B) indenture
(C) deed of gift
(D) color of title
(D) Color of Title
Solution: An instrument that, despite its appearance to the contrary, conveys no title, is said to show color of title. It cannot be so defective, however, that a person of ordinary capacity would be misled by it. Color of title has an effect in claims of adverse possession in most states. It can shorten the length of the required statute of repose when it is possessed by the claimant.
