chapter 4 quiz

Question 1

A `deed made and delivered but not recorded is:

Answer 1

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

Question 2

a deed is acknowledged by:

Answer 2

the grantor

Question 3

a forged deed is:

Answer 3

void

Question 4

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?

Answer 4

Delivery of a new deed from Smith as grantor to Jones as grantee.

Question 5

Ms. Jones dies leaving no will. She leaves real property valueed at 75,000 and has no heirs. her estate would:

Answer 5

revert to the state government.

Question 6

the donation of real estate for public use is known as:

Answer 6

Dedication

Question 7

involuntary alienation means:

Answer 7

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

Question 8

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?

Answer 8

the deed is not valid after Smith’s death.

Question 9

voluntary alienation can be accomplished by:

Answer 9

contract for sale and warranty deed.

Question 10

all of the following forms of deeds contain some covenants or warranties either expressed or implied:

Answer 10

• 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

Question 11

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:

Answer 11

Smith is Jones heir

But Jones inherits smith’s real property

Question 12

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:

Answer 12

the conveyance is not valid

Question 13

involuntary methods of conveying property includes:

Answer 13

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

Question 14

under which of the following circumstances would title be transferred by descent?

Answer 14

Intestate succession.

generally favors blood relatives; priority based on the closeness of the relationship

Question 15

Alienation expresses a meaning most completely opposite to:

Answer 15

acquisition of property

Question 16

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.

Answer 16

Smith will have to go

Question 17

A properly executed and delivered quit claim deed will always convey:

Answer 17

all the grantor’s rights and title to the property

Question 18

the creation of an easement by prescription is similar to:

Answer 18

adverse possession

Question 19

ALL of the following are legal requirments for making a valid will in most states EXCEPT:

Answer 19

at least $1000 worth of property to dispose

Question 20

A valid deed must contain:

Answer 20

signature of the grantor

Question 21

mother nature can cause a piece of land to grow in size. This growth is called:

Answer 21

accretion.

Question 22

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?

Answer 22

Partition

Question 23

A person homesteading in the indian territories received ownership of the land by means of what document.

Answer 23

Patent

Question 24

To correct a mistake in a deed you would use what document

Answer 24

reformation deed

Question 25

Deeds executed by court appointed representatives include all the following EXCEPT:

Answer 25

Testator’s deed