Chapter 6

Question 1

abstract of
title

Answer 1

Summary of the legal
documents and records
related to a property’s title

Question 2

actual
notice

Answer 2

Direct knowledge of a fact or
situation.

Question 3

adverse
possession

Answer 3

Acquiring ownership of
property by openly and
continuously using it without
the owner’s permission for a
specified period

Question 4

alienation

Answer 4

transfer of ownership
rights to property

Question 5

chain
of title

Answer 5

Chronological list of property
ownership records.

Question 6

constructive
notice

Answer 6

Legal presumption that
someone should know about
something because it’s been
recorded or publicly
available.

Question 7

conveyance

Answer 7

The legal process of
transferring property
ownership from one person
to another

Question 8

deed of
conveyance

Answer 8

Legal document transferring
ownership of real estate.

Question 9

delivery and
acceptance

Answer 9

The exchange of the deed
from seller to buyer, and the
buyer’s acknowledgment of
receiving it, finalizing the
property transfer

Question 10

descent and
distribution

Answer 10

Legal process of distributing
property when someone dies
without a will.

Question 11

devise

Answer 11

The gift of real property
through a will

Question 12

documentary
stamp tax

Answer 12

State tax on documents
related to property transfers

Question 13

equitable
title

Answer 13

The right to enjoy the benefits
of ownership, even if legal
title is held by someone else.

Question 14

escheat

Answer 14

Reversion of property to the
state when someone dies
without heirs or a will.

Question 15

estoppel

Answer 15

Legal principle preventing
someone from denying or
contradicting a fact they
previously acknowledged.

Question 16

intestate

Answer 16

When someone dies without
a valid will.

Question 17

legal
title

Answer 17

Official ownership
recognized by the law

Question 18

probate

Answer 18

Legal process of validating a
will and distributing a
deceased person’s estate

Question 19

testate

Answer 19

When someone dies leaving
a valid will

Question 20

testator

Answer 20

Person who makes a will

Question 21

title

Answer 21

Ownership rights to a
property

Question 22

title
certificate

Answer 22

legal document issued by a
government authority
confirming ownership of a
property and detailing any
encumbrances or
restrictions

Question 23

title
evidence

Answer 23

Documentation or
information used to prove
ownership of real property

Question 24

title
record

Answer 24

Official documentation of a
property’s ownership history

Question 25

torrens
system

Answer 25

A method of land registration
where ownership and
encumbrances are recorded
on a certificate of title issued
by a government authority.

Question 26

will

Answer 26

Legal document stating how
a person wants their property
to be distributed after their
death

Question 27

With the exception of a Torrens certificate, the best evidence of marketable title is

Answer 27

title insurance

Question 28

The Torrens System differs from other title recording systems in that

Answer 28

title is conveyed only when conveyance is registered on the title certificate

Question 29

Constructive notice of ownership of a parcel of real estate is primarily demonstrated through

Answer 29

title records

Question 30

For a deed to convey title, it is necessary for the deed to be

Answer 30

accepted by the grantee

Question 31

The only required clause in a deed of conveyance is one that

Answer 31

states the grantor’s intention, names the parties, describes the property, and indicates a consideration

Question 32

If an owner of real property dies without leaving a will and with no legal heirs, what will generally happen to the property?

Answer 32

It will revert to the state or county by escheat

Question 33

A break in the chain of title to a property results in

Answer 33

a clouded title

Question 34

The type of deed that offers the grantee the fullest protection against claims to the title is the

Answer 34

general warranty deed

Question 35

contains the fullest possible assurances of good title and protection for the grantee

Answer 35

The general warranty deed, or warranty deed for short

Question 36

A lender’s title insurance policy generally protects

Answer 36

the lender against the possibility that the lender’s lien cannot be enforced

Question 37

Just prior to passing away, a person tells two witnesses that she would like her estate to pass to her husband. One witness records the statement and signs his name. This is an example of

Answer 37

an unenforceable nuncupative will

Question 38

Title can be voluntarily transferred by

Answer 38

grant, deed, and will

Question 39

A municipality wants to build a water treatment facility, and requires some privately owned land to do so. What procedure enables the municipality to buy the property, even against the owner’s wishes?

Answer 39

Eminent domain

Question 40

A person wishes to convey any and all interests in a property to another without making any assurances as to encumbrances, liens, or any other title defects on the property. This party would most likely use which of the following types of deed?

Answer 40

A quitclaim deed

Question 41

transfers real and potential interests in a property, whether an interest is known to exist or not. The grantor makes no claim to any interest in the property being conveyed and offers no warrants to protect the grantee

Answer 41

A quitclaim deed

Question 42

An owner transfers title to a property to a buyer in exchange for a consideration. This is an example of

Answer 42

voluntary alienation

Question 43

What is true of a nuncupative will?

Answer 43

Generally, it is not valid for the transfer of real property

Question 44

Which of the following best describes the concept of “legal title” to real estate?”

Answer 44

Ownership of the bundle of rights to real estate