Chapter 18: Recording Acts Flashcards

1
Q

Which of the following property interests is NOT subject to the recording acts?

a. mortgage
b. lease
c. option
d. an interest created by the operation of law

A

d. an interest created by the operation of law

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2
Q

Which of the following persons is covered by the recording acts?

A. A grantee who acquired title through a will
B. A subsequent purchaser of 10 acres of land
C. A grantee who acquired title by gift
D. A grantee who acquired title by intestacy

A

B. A subsequent purchaser of 10 acres of land

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3
Q

FILL IN THE BLANKS. Race statutes use language like “__________.” Notice statutes use language like “__________.”

A. ”in good faith,” “first recorded”
B. “without notice,” “in good faith”
C. “in good faith,” “first recorded”

A

A. ”in good faith,” “first recorded”

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4
Q

True or False? In a jurisdiction with a notice statute, the following purchaser is entitled to retain the property?

A subsequent purchaser who bought the property without notice of the prior purchase, provided that the prior purchaser had not recorded at the time of the subsequent purchase

A

True

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5
Q

True or False? In a jurisdiction with a notice statute, the following purchaser is entitled to retain the property?

A subsequent purchaser who bought the property with notice of the prior purchase, regardless of when she records her deed

A

False

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6
Q

“No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice who shall first record” is an example of language that would be seen in which of the following types of statute?

a. Notice Statute
b. Race-Notice Statute
c. Race Statute

A

b. Race-Notice Statute

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7
Q

True or False?
The doctrine of estoppel by deed prevents someone who knowingly transfers land by deed before they have good title from trying to reclaim land based on that defect.

A

True

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8
Q

True or False?
The doctrine of estoppel by deed arises when a person takes from a bona fide purchaser protected by the recording act.

A

False

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9
Q

True or False?
Under the Shelter Rule, the rights of a person who takes from a bona fide purchaser protected by the recording act are sheltered by his grantor’s rights.

A

True

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