PRINCIPLES AND PRACTICES CHP6 Flashcards
During a person’s lifetime, title to real estate may be transferred by which method?
A. condemnation
B. descent
C. devise
D. escheat
A. condemnation
A property owner grants a deed to the local school district for 10 feet of land for a walkway easement beside their house to the elementary school. This property was transferred by
A. adverse possession.
B. condemnation.
C. dedication.
D. eminent domain.
C. dedication.
Over the last several years, the tide has been depositing silt onto the property along a coastal inlet, increasing the size of the property. This is an example of
A. accretion.
B. avulsion.
C. erosion.
D. reliction.
A. accretion.
When a person dies with a will, it’s considered ____. When a person dies without a will it’s called___
A. descent / devise
B. intestate / devise
C. intestate / testate
D. testate/ intestate
D. testate/ intestate
There’s a strip of land the lies between two neighbors. One neighbor mistakenly believes it’s their land, and they consistently care for it by mowing and fertilizing the grass. At one point, they enclose the property with a fence. After enough time passes, they might be able to obtain title to the strip of land by
A. adverse possession.
B. eminent domain.
C. devise.
D. intestate.
A. adverse possession.
When property escheats, the title
A. passes to the named heirs.
B. passes to the next of kin as defined by intestate succession.
C. reverts to the named remainderman.
D. reverts to the state.
D. reverts to the state.
Who acknowledges a deed?
A. the escrow agent
B. the grantee
C. the grantor
D. the notary public
C. the grantor
A wife signed a quitclaim deed that transferred her property to a joint tenancy with her husband (as opposed to creating a tenancy in common). She told her husband about this, but the document was never recorded. They later divorced, by which point the deed had been lost. Does the now ex-husband have a valid claim on the property?
A. No, although if the deed had been recorded it would have provided constructive notice
No, because he didn’t sign the deed B.
C. Yes, because a court will consider oral evidence about a contract
D. Yes, because quitclaim deeds do not require the signature of the grantee to transfer title
A. No, although if the deed had been recorded it would have provided constructive notice
Title to real property is conveyed when the deed is
A. acknowledged and recorded.
B. delivered and accepted.
C. granted and transferred.
D. signed and delivered.
B. delivered and accepted.
Which of these elements is NOT a requirement for a valid deed?
A. acknowledgment
B. consideration
C. granting clause
D. legal description
A. acknowledgment
A deed that is not signed by the seller is still considered valid as long as it
A. is executed by a competent relative of the seller.
B. is delivered to the buyer.
C. contains a covenant of seisin.
D. is signed by an authorized attorney in fact.
D. is signed by an authorized attorney in fact.
A loan is paid off, but the lender never records the discharge of mortgage. The property
A. can only be conveyed with a quitclaim deed.
B. has a cloud on the title.
C. has marketable title.
D. is subject to foreclosure.
B. has a cloud on the title.
A standard owner’s title insurance policy protects against losses resulting from any of the following EXCEPT
A. a forged deed.
B. government action.
C. an incompetent grantor.
D. a recorded lien the title examiner missed.
B. government action.
A seller finds that they cannot provide marketable title because of a cloud on the title. To clear the title what should they file?
A. adverse possession claim
B. quiet title action
C. quitclaim deed
D. partition suit
B. quiet title action
Why are real estate instruments recorded in the county in which the property is located?
A. because the law requires that such instruments be recorded
B. because the broker cannot get their commission until these documents are recorded
C. to comply with the terms of the statute of frauds
D. to give constructive notice of an interest in a particular parcel of real estate
D. to give constructive notice of an interest in a particular parcel of real estate
