Section 7: Title to Real Property and Deeds

Question 1

The person receiving the title.

Answer 1

GRANTEE

Question 2

A recorded deed proves that the previous property owner (grantor) conveyed the property to the person named as the grantee on the deed.

Answer 2

Purpose of a Deed

Question 3

The person who transfers the title.

Answer 3

GRANTOR

Question 4

Which of the following statements would you see in the granting clause?

A) To warrant forever and defend
B) Do hereby grant and convey
C) I hereunto set my hand and official seal
D) To have and to hold

Answer 4

Do hereby grant and convey

Question 5

Required to effect a transfer of title by deed.

Answer 5

DELIVERY & ACCEPTANCE

Question 6

An oath by a subscribing witness, such as a notary public, that the grantor’s signing of the deed is a voluntary act.

Answer 6

ACKNOWLEDGEMENT

Question 7

Used in California to convey title, which contains implied warranties that the seller (grantor) has the right to convey the property and has not otherwise encumbered the property.

It is the most common.

Answer 7

GRANT DEED

Question 8

Court-ordered deed to satisfy a judgment

Answer 8

SHERIFF’S DEED

Question 9

Conveys ownership in property with only love and affection as considerations.

Answer 9

GIFT DEED

Question 10

Used to convey property to a trustee for the beneficiary named in the deed

Answer 10

DEED OF TRUST

Question 11

Releases any rights of the grantor to the property to the grantee, but does not offer any warranties or imply any interest in the property.

Answer 11

QUITCLAIM DEED

Question 12

Provides the strongest and broadest form of guarantee of title.

Answer 12

WARRANTY DEED

Question 13

Grantor has legal capacity to convey the title and has the title to convey.

Answer 13

RIGHT TO CONVEY

included in Warranty Deed

Question 14

Grantor holds the title specified in the deed.

Answer 14

SEISIN

included in Warranty Deed

Question 15

No encumbrances against the title, except those in public record.

Answer 15

AGAINST ENCUMBRANCES

included in Warranty Deed

Question 16

Grantee has possession and shall not be disturbed in the use or enjoyment of the property.

Answer 16

QUIET ENJOYMENT

included in Warranty Deed

Question 17

Grantor will correct any defects in the title being conveyed.

Answer 17

FURTHER ASSURANCES

included in Warranty Deed

Question 18

Grantor defends the title to the grantee against lawful claims of all others.

Answer 18

WARRANTY

included in Warranty Deed

Question 19

John and Michelle received a general warranty deed when they purchased their house from Ted. A couple of months after they moved in, their neighbor, Bryant, drove his four-wheeler across their property to access the lake front. John discovered that Ted and Bryant agreed to an easement over Ted’s property several years earlier. Which general warranty deed covenant does this represent?

A) The covenant against encumbrances.
B) The covenant of further assurances.
C) The covenant of quiet enjoyment.
D) The covenant of siesin

Answer 19

The covenant against encumbrances assures the grantee that no encumbrances exist other than those that are publicly recorded or noted in the deed.

Question 20

May be created by filling in blanks and checking boxes.

Answer 20

STATUTORY WILL

Question 21

A handwritten will by the testator.

Answer 21

HOLOGRAPHIC WALL

Question 22

1) To appoint an administrator
2) To supervise estate distribution.
3) To determine a will’s validity

Answer 22

3 PURPOSES OF PROBATE

Question 23

The build-up of land from sand, silt, or gravel over water.

Answer 23

ACCRETION

Question 24

The newly land mass formed & belonging to the property owner.

Answer 24

ALLUVION

Question 25

The increase of land resulting from the gradual, permanent withdrawal of water.

Answer 25

RELICTION

Question 26

The loss of land when water washes it away.

Answer 26

AVULSION

Question 27

The act of transferring away ownership of a property, either voluntarily (with the owner’s consent) or involuntarily (without the owner’s consent).

Answer 27

ALIENATION

Question 28

The owner gives land or an easement for public use.

Answer 28

DEDICATION BY DEED

Question 29

A grant of power, license, or real property from the state or government to a private individual or individuals.

Answer 29

PUBLIC GRANT

Question 30

Susan Duffield died testate at age 49. What can be said about Susan’s estate?

A) Because of Susan’s age, any will is invalid.
B) Because of the will, it will avoid probate.
C) Because she died without a will, the estate becomes property of the state.
D) It will be put through probate.

Answer 30

It will be put through probate.

Testate means with a will; the estate of a person who died with a will still must go through the probate process.

Question 31

Jardin passed away suddenly, and when his family started looking through his documents, they found a handwritten will. Which of these statements about the will is true?

A) A handwritten will, also called a holographic will, may be valid if it meets other terms for validity.
B) A handwritten will, also called a statutory will, is valid if it’s been witnessed.
C) A handwritten will is called a simple will.
D) A handwritten will is not valid.

Answer 31

A.

A handwritten will, also called a holographic will, is valid in some states as long as it meets other criteria for validity.