chapter 4 quiz Flashcards
A `deed made and delivered but not recorded is:
valid between the grantor and grantee but not valid against recorded claims of a subsequent purchaser who records the deed without having actual notice of any unrecorded interests.
The Statue of frauds provides that deeds must be in writing to be enforceable in a court of law
a deed is acknowledged by:
the grantor
a forged deed is:
void
Smith buys land from Jones. two months after delivery of the deed they decide to rescind the sale. which of the following is required to place them in the same legal position they held before the sale?
Delivery of a new deed from Smith as grantor to Jones as grantee.
Ms. Jones dies leaving no will. She leaves real property valueed at 75,000 and has no heirs. her estate would:
revert to the state government.
the donation of real estate for public use is known as:
Dedication
involuntary alienation means:
ownership of an estate is transferred by operation of law, by natural causes, or by court action.
- Loss of property for nonpayment of debts such as taxes or mortgage foreclosure
- a transfer of title to real property w/out the owner’s consent
Pursuant to a valid contract, Smith agrees to convey Barrenacre to Jones. Smith prepares and signs a warranty deed and delivers it to his attorney in anticipation of closing. Smith dies before the closing takes place. which of the following is correct?
the deed is not valid after Smith’s death.
voluntary alienation can be accomplished by:
contract for sale and warranty deed.
all of the following forms of deeds contain some covenants or warranties either expressed or implied:
- General warranty deed: a deed in which the grantor agrees to protect the grantee against any other claim to title of the property and provides other promises
- Special warranty deed: the grantor limits the title warranty given to the grantee to anyone claiming by, from, through, or under him, the grantor. The grantor does not warrant against title defects arising from conditions that existed before he owned the property
- grant deed: deeds of conveyance of property to indicate transfer
Ms. Smith, who is on good health, makes a will leaving her real property to Mr. Jones. Under such circumstances, all of the following are true statements EXCEPT:
Smith is Jones heir
But Jones inherits smith’s real property
Ms. Smith properly executed a power-of-attorney authorizing Mr. Jones to sign a deed for her, pursuant to the closing of a sales contract. Unknown to Mr. jones or to the purchaser at the time, Ms. Smith died the night before Mr. Jones signed the deed. under these circumstances:
the conveyance is not valid
involuntary methods of conveying property includes:
escheat- goes to state when there’s no will
condemnation-a legal proceeding to exercise the power of eminent domain to take private property for public use
adverse possession-a method of acquiring title to real property by the unauthorized occupation of another person’s land.
ECA
under which of the following circumstances would title be transferred by descent?
Intestate succession.
generally favors blood relatives; priority based on the closeness of the relationship
Alienation expresses a meaning most completely opposite to:
acquisition of property
with the permission of jones, smith occupied Jone’s property for more than ten years. Smith made improvements, used the land exclusively and paid taxes on it. Now, Jones wants Smith to move.
Smith will have to go
A properly executed and delivered quit claim deed will always convey:
all the grantor’s rights and title to the property
the creation of an easement by prescription is similar to:
adverse possession
ALL of the following are legal requirments for making a valid will in most states EXCEPT:
at least $1000 worth of property to dispose
A valid deed must contain:
signature of the grantor
mother nature can cause a piece of land to grow in size. This growth is called:
accretion.
Brenda and Janet own a piece of property as joint tenants. when they cannot agree on selling the property, what lawsuit must Brenda file to receive her share?
Partition
A person homesteading in the indian territories received ownership of the land by means of what document.
Patent
To correct a mistake in a deed you would use what document
reformation deed
Deeds executed by court appointed representatives include all the following EXCEPT:
Testator’s deed
