RP: Deeds

Question 1

A deed may validly convey property by inter vivos gift so long as there is: (3 things)

Answer 1

donative intent, delivery, and acceptance.

Question 2

Quitclaim Deeds:

Answer 2

A quitclaim deed is basically a release of whatever interest, if any, the grantor has in the property.

Question 3

Estoppel by Deed

Answer 3

If a grantor purports to convey an estate in property that she does not then own, her subsequent acquisition of title to the property will automatically inure to the benefit of the grantee.

Question 4

Special Warranty Deed

Answer 4

the use of the word “grant” in a conveyance creates by implication the following two limited assurances against acts of the GRANTOR (not her predecessors):

(i) that prior to the time of the execution of such conveyance, the grantor has not conveyed the same estate or any interest therein to any person other than the grantee; and
(ii) that the estate conveyed is free from encumbrances made by the grantor.

Question 5

covenant for quiet enjoyment

Answer 5

is a future covenant for title. Through it, the grantor warrants that the grantee will not be disturbed in his possession or enjoyment of the property by a third party’s lawful claim of title.

Question 6

covenant of warranty

Answer 6

is a future covenant for title. Through it, the grantor agrees to defend the grantee’s title from any third party’s lawful or reasonable claims of title and to compensate the grantee for any related loss.

Question 7

covenant of further assurances

Answer 7

is a future covenant for title. Through it, the grantor promises to perform whatever acts are reasonably necessary to perfect the title conveyed if it turns out to be imperfect.

Question 8

Reformation will be granted if the deed does not express what the parties agreed to for any of the following reasons:

Answer 8

1. It reflects the parties’ mutual mistake;
2. It contains a drafting error; or
3. It reflects one party’s unilateral mistake—but only if that mistake was induced by the other party’s misrepresentation or inequitable conduct.