Deeds

Question 1

What are the three types of deeds?

Answer 1

(1) warranty deed (2) special or limited warranty deed (3) quitclaim deed.

Question 2

What is a warranty deed?

Answer 2

grantor personally makes the standard warranties regarding the title being transferred

Question 3

What is special or limited warranty deed?

Answer 3

grantor personally makes some, but not all, of the standard warranties regarding the title being transferred.

Question 4

What is a quitclaim deed?

Answer 4

grantor conveys what the grantor has but does not warrant that the grantor has anything. In effect, a release.

Question 5

Elements of a typical deed?

Answer 5

(1) the premises (2) the habendum (3) the reddendum (4) warranties of title (5) signatures (6) acknowledgement

Question 6

Is a seal required on a deed?

Answer 6

Not under modern law

Question 7

Who has to sign a deed?

Answer 7

Grantor

Question 8

Are witnesses needed in Texas?

Answer 8

No

Question 9

What are the three types of land descriptions of property?

Answer 9

Metes and bounds; rectangular survey system; lot and block (plat map)

Question 10

What are the three recording systems?

Answer 10

Race; Race-notice; Notice (texas)

Question 11

What is the shelter rule?

Answer 11

a. If you aren’t involved in the underlying fraud, then the status of BFP follows the grant of land, so Z can maintain interest in the land.

Question 12

What is a covenant of title?

Answer 12

grantor promises (warrants) that the title is good. Reliance on grantors ability to pay if title is defective

Question 13

In Texas, a quitclaim deed means?

Answer 13

a. Grantor has not conveyed the property to someone else; no encumberances unless disclaimed in deed.

Question 14

Under the warranty deed, what are the 3 present covenants?

Answer 14

Covenant of seisin; covenant of good right to convey; covenant against encumbrances

Question 15

What is a covenant of seisin?

Answer 15

promise that grantor owns the property transferring; promise that grantor has not already transferred the property

Question 16

What is the covenant of good right to convey?

Answer 16

grantor has right to transfer the property

Question 17

What is the covenant against encumbrances?

Answer 17

property free and clear of all non-agreed easements, mortgages, liens, covenants, servitudes

Question 18

Under warranty deed, what are the 3 future covenants?

Answer 18

Covenant of quiet enjoyment; covenant of warranty; covenant of further assurances

Question 19

what is covenant of quiet enjoyment?

Answer 19

no one with better title will evict grantee

Question 20

What is covenant of warranty?

Answer 20

grantor will defend title (grantor will protect grantee quiet enjoyment)

Question 21

What is covenant of further assurances?

Answer 21

grantor will take steps reasonably necessary to protect or perfect grantees title.

Question 22

What are the elements of adverse possession?

Answer 22

(1) actual possession for required number of year (2) open, visible and notorious (3) exclusive (4) continuous and peaceable (5) hostile (6) under claim of right (7) cultivates (8) pay property tax