Pg 51

Question 1

What is a quit claim deed?

Answer 1

A deed that has no covenants of title and where the grantor promises nothing. Often the seller’s claim is doubtful and he never promises marketable title. The seller is just conveying whatever interest he has in the land if any

Question 2

How do you know if a deed is a quit claim deed?

Answer 2

If it says “all my interest“

Question 3

What are quit claim deeds best used for?

Answer 3

Clearing title defects and releasing yourself from liability for property

Question 4

What is a statutory warranty deed?

Answer 4

Applicable when the jurisdiction has a statute that says a deed is a warranty deed if certain language is used unless it is clear that something else is intended. Thus the common-law title covenants are implied into the deed by the statute

Question 5

What are the major deed problems that can come up?

Answer 5

• reservation
  – stranger to the deed rule
  – exceptions

Question 6

If a deed problem comes up, what do the courts try to do?

Answer 6

They try to determine the parties’ intent

Question 7

What is a reservation?

Answer 7

When the grantor gets a new interest in the land such as a life estate or an easement.

Question 8

When do reservations often happen?

Answer 8

When the granter wants to have an easement or a profit on the land after conveyance, etc.

Question 9

How does a reservation work?

Answer 9

The grantor wants to keep title to an easement or profit on the land, so he reserves it and describes its purpose/location/duration and it stays his after the conveyance

Question 10

What is the “stranger to the deed” rule and what are the different approaches?

Answer 10

– Common law: you cannot reserve an easement or profit in favour of a third person because he has no interest in the land that is being conveyed
– minority: this is allowed and the intent of the parties is followed
– modernly: this rule has been eliminated
– USLTA: this is allowed

Question 11

What is an exception in relation to the conveyance of property?

Answer 11

When the grantor retains part of a previously existing interest. This means he withholds title to a piece of a larger parcel of land and keeps the same interest he previously had.

Question 12

What’s the difference between a reservation and an exception when it comes to conveying property?

Answer 12

An exception means you keep a portion of the land you previously owned with the same interest you previously had in it, where a reservation gives you a new interest in land

Question 13

What are some deed defects that commonly come up?

Answer 13

– Deed inaccurately reflects the intentions of one or more parties
– the defect affects essential formalities of the execution, delivery, or capacity of a party
– forgery
– fraud in the execution
– fraud in the inducement
– lack of delivery
– voidability
– otherwise valid deed

Question 14

If a deed inaccurately reflects the intentions of one or more parties through an inadvertent error, what happens?

Answer 14

Reformation of the deed is done in equity if it came from mistake of the defendant or he was guilty of something like fraud or inequitable conduct. This cannot be gotten against a BFP that relied on the face of the deed

Question 15

If a deed affects the essential formalities or something like execution, delivery, or there’s a capacity issue, what happens?

Answer 15

The deed is void or voidable

Question 16

What happens if there has been a forgery in relation to a deed?

Answer 16

The deed is void even against BFPs

Question 17

What are some examples of situations where there could be a forgery in relation to a deed?

Answer 17

A fake signature, enlarging the scope of the deed through additions/alterations/deletions after it was signed but before delivery, etc.

Question 18

What is fraud in the execution?

Answer 18

When the grantor is tricked into signing a deed because he believes that is something else

Question 19

What happens if there has been fraud in the execution with regard to a deed?

Answer 19

The deed is void

Question 20

What is an example of fraud in the execution?

Answer 20

Papers being slipped in with other documents that you were signing

Question 21

What is fraud in the inducement?

Answer 21

When you sign a deed but you were induced by a fraudulent representation, even though you understand the nature of the deed

Question 22

What happens if there has been fraud in the inducement in relation to a deed?

Answer 22

The deed is voidable depending on the grantor’s culpability

Question 23

What is an example of fraud in the inducement?

Answer 23

A bad check, a false financial statement, etc.

Question 24

If there has been lack of delivery of a deed, what happens?

Answer 24

The deed is void

Question 25

What are the defects for a deed that make the deed voidable?

Answer 25

Insanity, lack of capacity, duress, undue influence, mistake, breach of fiduciary duty, etc.

Question 26

What does “otherwise valid deed“ mean?

Answer 26

Apart from any other defects, the deed is valid. This is verbiage that is used for essay fact patterns and questions and signals that there will be at least one defect in the fact that will likely render the deed invalid. It might not make the deed invalid or void, but something is defective

Question 27

What is the point of a land description?

Answer 27

It is meant to ensure that any competent reader can figure out the boundary lines of the land with minimum difficulty

Question 28

Why are courts reluctant to correct defective descriptions of land?

Answer 28

Because they do not want to encourage sloppy draftsmanship

Question 29

What are the different ways to describe land?

Answer 29

– Government survey system
– subdivision plat
– metes and bounds
– calls of courses and distances
– official maps
– monuments

Question 30

What is the government survey system in relation to land description?

Answer 30

Sets of principal meridians going north and south with intersecting base lines that go east and west and extra lines that divide land into townships based on 6 mile squares as well as ranges and sections. This divides townships into 36 numbered sections and is usually used for larger pieces of land

Question 31

What is a subdivision plat in relation to land description?

Answer 31

A surveyor subdivides land into parcels and numbered plots and then records the map. This usually must be approved by an agency such as town council and then is filed for permanent record in the recording office. This is not usually uniform. The plat must refer to known monuments and lot descriptions are usually brief. All lots are identified by a lot and a block

Question 32

What is a metes and bounds description?

Answer 32

Starts at a specific point and calls boundary lines until the last line returns to the original point

Question 33

What is calls of courses and distances in relation to land description?

Answer 33

The first call is a beginning point and the last call returns to it, and the course is shown by degrees, minutes, seconds, with due North being specified first. Each call states a distance plus a course

Question 34

Who prepares official maps?

Answer 34

City employees or surveyors

Question 35

What is the deal with ownership regarding streets and highways?

Answer 35

These are easements and the underlying land is private property, so the conveyance that describes land with a call to Main Street conveys title to the centre of the street

Question 36

Can rivers and streams be considered to be land boundaries?

Answer 36

Yes, but the problem is that rivers and streams often change over time

Question 37

What happens when a river or stream is a land boundary and there is slow and imperceptible change over time?

Answer 37

The legal boundary changes with the stream

Question 38

What is accretion? And how does it affect land boundaries?

Answer 38

When soil builds up on the bank of a river or stream or body of water. The extra land becomes the property of the abutting littoral

Question 39

What is reliction and how does it influence land boundaries?

Answer 39

It is when there has been recession of water from a bank, so the previously submerged land now becomes dry. The littoral owner gains more land because of this

Question 40

What is erosion, and how does it influence land boundaries?

Answer 40

The littoral owner loses title to the land that becomes submerged

Question 41

What is avulsion and how does it relate to land boundaries?

Answer 41

When a stream suddenly shifts course by either adding soil or removing soil. The original boundaries stay intact, so the old streambed boundaries continue to be in place