8) Titles

Question 1

analysis: competing claims to land

Answer 1

take potential claimants in chronological order

establish claims

see if any subsequent person can take away title via:

1) AP
2) land-sale k
3) conveyance

Question 2

AP: def

Answer 2

legally sanctioned stealing of title to land away from the rightful owner

Question 3

AP: elements

Answer 3

1) actual, open, notorious + exclusive occupation (not hiding), in a manner sufficient to put true owner on reasonable notice
2) hostile intent (just means claiming as your own)
3) continuously for the statutory period

Question 4

AP: elements: minority rule

Answer 4

also have to pay property taxes

Question 5

AP: subelements: continuoulsy

Answer 5

question of fact based on nature of land and its use

Question 6

AP: subelements: staturoy period

Answer 6

at CL, 20 years

Question 7

AP: subelements: hostile: ways to satisfy

Answer 7

1) claim of right (claiming land as yours)

2) color of title (believed had good title but really didn’t)

Question 8

AP: subelements: hostile: EXCEPTION

Answer 8

permission to be on the land always destroys hostile intent

but mere knowledge is not permission

Question 9

AP: subelements: hostile: co-tenants

Answer 9

hard/rare

only possible if outster

Question 10

AP: subelements: hostile intent: encroachment (maj/min)

Answer 10

maj: mistaken encroachment is enough for hostile intent
minority: hostile intent only if encroaching was intentional, not mistaken

Question 11

AP: subelements: time: tacking

Answer 11

can only combine (tack) if there is a transfer (deed/will/etc) from one AP’er to the other

Question 12

scope of what AP’er gets: land (+exception)

Answer 12

generally only the portion of the land actually occupied

exception: IF color of title + occupies significant portion of the parcel described in the deed, then can claim entire parcel

Question 13

scope of what AP’er gets: surface/subsurface

Answer 13

if true owner has granted sub-surface rights to a 3rd party

AP’er only gets surface rights

Question 14

scope of what AP’er gets: future interests

Answer 14

ex. if true owner has a life estate, and then AP’er comes, then AP’er only gets the life estate

but ojo, relation back –> so once staturoy period runs, AP ownership relates back to date of entry on the land

Question 15

disability: def

Answer 15

suspends or tolls the running of statutory period. But, must exist at the time the AP STARTS (no effect if arises after)

Question 16

disability; kinds

Answer 16

1) infancy
2) legal incompetence
3) imprisonment

Question 17

during AP, the AP’er is the owner

Answer 17

as against the rest of the world

but not as against true owner, until the statory period runs

Question 18

if true owner returns during statutory period

Answer 18

can eject AP’er and collect damages

Question 19

conveyance: def

Answer 19

transfer by deed

Question 20

conveyance: reqs

Answer 20

1) deed sufficient to satisfy SOF
2) delivery of deed
3) acceptance of deed

Question 21

deed sufficient to satisfy the SOF: requirements

Answer 21

–in writing
includes:
1) ID parties (dnn name)
2) words indicating intent to make present transfer of property
3) sufficient description of property
4) grantOR’s signature (party to be charged)

Question 22

deed to satisfy sof: NOT required

Answer 22

1) grantee’s signature
2) consideration
3) notarization
4) recordation

Question 23

delivery of the deed: def

Answer 23

(not literal!). delivery exists if the grantor has the mental intent that the property transfer from grantor to grantee

Question 24

delivery of the deed: scenarios

Answer 24

1) grantor gives deed to grantee
2) grantor retains the deed
3) grantor gives deed to 3rd party to give to grantee

Question 25

delivery of deed: grantor gives deed to grantee: result

Answer 25

–> rebuttable presumption of delivery

no oral conditions allowed! (PER)

Question 26

delivery of deed: grantor retains deed: result

Answer 26

–> rebuttable presumption of no delivery

Question 27

delivery of deed: grantor gives deed to 3rd party (escrow): result (+ exception)

Answer 27

–> date of conveyance is when grantor gave the deed to the 3rd party (not when 3rd party gives it to the grantee)

conditions: if there is ONE condition it won’t nec defeat relation back, esp if commercial escrow, so once the condition is met, the conveyance relates back and becomes effective. But more than one condition will fail
exception: if grantor EXPRESSLY retains right to reclaim the deed from the 3rd party, then defeats relation back / no transfer of title

Question 28

delivery of deed: grantor gives deed to 3rd party (escrow): death escrow

Answer 28

grantor gives the deed to 3rd party, “x give this deed to grantee when I die”

PRESENT TRANSFER of a life estate to himself + remainder to grantee

Question 29

deed must be accepted by buyer: def

Answer 29

(step 3)
generally always presumed if transfer is beneficial to grantee.

BUT, if grantee refuses to accept the conveyance then no transfer of property.

Question 30

returning land?

Answer 30

once validly delivered + accepted, can only return title to grantor if deliver a new deed to the grantor + he acccepts

Question 31

transfers by will: seller dies before closing, but after signing k

Answer 31

decedent’s personal representative must complete the transaction (and $ goes to whoever is inheriting $)

Question 32

transfers by will: ademption

Answer 32

adeemed by extinction if no longer in the estate
adeemed by satisfaction if already has it (but if this happens and then “1/3 of my estate” is in will, then the real estate not adeemed as part of that unless will or writing from testator or testatee says so

Question 33

transfers by will: exoneration

Answer 33

real property inherited under a will is taken subject to all outstanding liens + mortgages, estate does not pay them off

Question 34

transfers by will: lapse

Answer 34

CL: if beneficiary predeceases, gift to the beneficiary fails

anti-lapse statutes: beneficiary’s heirs can stand in his shoes and accept the inheritance

or can address this in the will

Question 35

general rule / recording acts

Answer 35

strong presumption that first in time is first in right

but recording acts can change by protecting subsequent purchasers

Question 36

AP / recording

Answer 36

can’t record AP title (until first go to court to get quiet title judgment)

Question 37

recording acts: kinds

Answer 37

1) race
2) notice
3) race-notice

Question 38

race statute: def

Answer 38

whoever records first wins

Question 39

notice statute: def

Answer 39

subsequent person can win if:

1) takes w/o notice of any other claim AND
2) is a bonafide purchaser

Question 40

race-notice statute: def

Answer 40

subsequent person can win if
1) takes w/o notice of any other claim AND
2) is a BFP AND
3) records first
(so whoever is first to do both)...

Question 41

BFP: def

Answer 41

purchases for value (pays more than a nominal amount. NOT wills/gifts/etc).

Question 42

mortgager (lender): BFP?

Answer 42

yes, if mortgage issued at the time of the loan

Question 43

judgment creditor: BFP?

Answer 43

did not pay value so not BFP

Question 44

AP’er – BFP?

Answer 44

no, dn purchase for value

Question 45

notice in the title context

Answer 45

1) actual
2) constructive – from recording acts
3) inquiry (need to make visual inspection)

Question 46

ways recording can work:

Answer 46

1) majority: grantor-grantee index

2) minority: tract index (CN easier)

Question 47

wild deed

Answer 47

exists outside chain of title, there bc someone said they owned it when they really didn’t

no constructive notice usu

–> estoppel by deed

Question 48

estoppel by deed: Def

Answer 48

someone transfers title to a property they don’t have, but then later they acquire title

Question 49

estoppel by deed: majority rule

Answer 49

personal estoppel –> previous grantee must go into court and assert his claim to property, then grantor is estopped from denying it to him
(but grantor could grant to someone else before grantee went to court)

Question 50

estoppel by deed: minority rule

Answer 50

operation of law theory: twhen the grantor gets it it automatically passes to the grantee

Question 51

chain of title / shelter rule

Answer 51

protects subsequent purchaser who would not otherwise have good title – “shelters” under good title of his predecessor

Question 52

title insurance

Answer 52

buyer can get at time of closing ofr defects in title, unexpected incumbrances etc. (then title company uses subrogation to sue to reimburse itself)

owner would get amount of purchase prise, lender woul get amount of loan (need 2 policies)

some policies may not cover matters that can’t be found in review of public records