MBE test 1 Real Property Flashcards

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1
Q

When is title of an otherwise valid deed considered transferred?

A

Upon delivery to recipient or agent

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2
Q

Can a fe simple determinable with a use limitation be transferred as a marketable title?

A

NO, and once the grantee has stopped using the land for that purpose, the possibility of reverter activates and the grantee cannot convey title.

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3
Q

Is a grantee personally liable for a mortgage on the property?

A

If they DO NOT assume the mortgage, and simply take subject to it, they are not personally liable for the debt

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4
Q

Duty to disclose?

A

If no statute and no clause in the contract, no duty. Even if a statute exists, extends only to known defects

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5
Q

Duty to carry insurance in a land contract?

A

Absent a provision, neither party has the duty. Under Equitable conversion, risk of loss is placed on the equitable owner of the property (if K signed, then the buyer)

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6
Q

Estoppel by Deed?

A

If grantor conveys title to real
property before he owns it, the title will automatically
vest in the grantee as soon as grantor acquires title.

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7
Q

License specifics?

A

Not subject to statute of frauds, and if nothing expended pursuant to agreement, can be revoked

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8
Q

Statutory length average for Adverse possession?

A

10 years (can be aggrogated among parties, e.x. the man who then willed interest to his sister, who sold it)_

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9
Q

Constructive Adverse Possession is applicable when…

A

The possessor is acting under color of title (instrument purporting to be a deed) otherwise only has AP claim to tract of land USED

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10
Q

Does a Right of first refusal violate CL RAP?

A

IT COULD so yes, becuase it is conditioned on the decision to sell, which could occur outside of the 21 years after a life in being at the time the right was granted so under CL it is ab initio struck

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11
Q

Can a land contract trigger a mortgage’s due on sale clause?

A

YES

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12
Q

Presumption of an anti-lapse statute?

A

NO NEVER

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13
Q

When does title insurance survive beyond closing?

A

It continues to protect the owner if the owner is ever successfully sued on a title covenant in a future conveyance

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14
Q

Zoning Variance

A

Permits a waiver from a zoning requirement. Will be granted when an owner convinces the board that without the variance the owner would suffer a hardship regarding use of land

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15
Q

What if the Seller dies during the executory time period?

A

If the seller leaves a will that devises the real estate to one person, and the persoanlty to another, and the K contained no contingencies or all have been satisfied, equitable conversion applies

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16
Q

Warranty Deed Covenants?

A
Present: Seisen, conveyance, and against encumberences
Future: 
Quiet enjoyment, 
Warranty,
Further assurances
17
Q

Warranty against Encumberences

A

There is no outstanding right or interest in a 3rd party which does not totally negate the title the grantor purports to convey

18
Q

Do easements result in a breach from which damages may be recovered?

A

Courts are divided in cases where the easements are plain & obvious to the plaintiff

19
Q

Implied warranty of new homes

A

That home is free of construction defects,