Title

Question 1

Adverse possession requirements

Answer 1

(1) Actual possession
(2) Open and notorious
(3) Continuous
(4) Hostile (without owner’s permission)
(5) Exclusive (not shared with true owner)

Question 2

Intent to transfer a deed

Answer 2

Grantor must intend to make present transfer of property interest to grantee at time of transfer.

Intent is shown by delivery.

Execution and recording create a rebuttable presumption that the deed is to be presently operative.

Question 3

Delivery of a deed

Answer 3

Must be intent to make present transfer.

Transfer to grantor’s agent is not delivery but transfer to grantee’s agent is.

Question 4

Delivery of deed to third party

Answer 4

Transfer to third party with a condition is not delivery if grantor keeps absolute right to recover deed, but if not, treated like a future property interest.

Question 5

Delivery of deed conditioned upon death

Answer 5

If conditioned upon death, grantor must intend to make a present gift.

Question 6

Acceptance of a deed

Answer 6

Acceptance is presumed for beneficial transfers.

Question 7

Valid deed requirements

Answer 7

(1) Identified parties
(2) Grantor’s signature
(3) Words of transfer
(4) Reasonably definite property description

Question 8

Equal dignities rule

Answer 8

Agent authorization for real estate Ks must be in writing.

Question 9

Notice recording acts

Answer 9

BFP of prior interest prevails over prior grantee who failed to record.

Must record against subsequent purchasers.

“No conveyance good against subsequent BFP unless same be recorded according to law.”

Question 10

Race recording acts

Answer 10

First to record prevails, regardless of knowledge of prior conflicting interests.

“No conveyance good against subsequent purchaser of value unless first recorded by law.”

Question 11

Bona fide purchaser

Answer 11

Purchaser for value without notice.

Question 12

Race notice recording acts

Answer 12

Subsequent BFP protected only if he takes without notice and is first to record.

“No conveyance good against subsequent BFP unless first recorded by law.”

Question 13

Notice (in general)

Answer 13

Tested as of the time of the conveyance.

Notice obtained after conveyance does not prevent purchaser from benefiting from recording.

Question 14

Grantee has actual notice

Answer 14

A grantee with actual, personal knowledge of prior interest cannot prevail under notice or race-notice statute.

Question 15

Grantee has inquiry notice

Answer 15

If reasonable investigation would disclose prior claims, a grantee cannot prevail against them (e.g., someone other than grantor has possession or documents referenced in chain of title).

Question 16

Record notice

Answer 16

Properly recorded and appears in chain of title establishes notice.

Question 17

Title insurance

Answer 17

Protects policy holder (owner or lender) against defects that could have been uncovered by careful title search or forged/undeliverable/unenforceable deeds.

Question 18

General warranty deed present covenants

Answer 18

Seisin - grantor owns land as described in deed

Right to convey - grantor has right to transfer title

Against encumbrances - no undeclared encumbrances against land

Question 19

General warranty deed future covenants

Answer 19

Quiet enjoyment - grantee not disturbed in possession by third party’s lawful claim

Warranty - grantor will defend grantee against third party’s claim

Further assurances - grantor will do whatever future acts reasonably necessary to pass title if later determined title is imperfect

Question 20

Special warranty deed

Answer 20

Same covenants of title as general warranty deed, but only warrants against defects arising during the time grantor has title.

Question 21

Quitclaim deed

Answer 21

No covenants of title. Grantor conveys as-is with no promises as to encumbrances or title clearness.

Question 22

Ademption

Answer 22

Devise by will fails because the testator no longer owns the property upon death.

Question 23

Lapse

Answer 23

Devise by will can fail if the beneficiary named in the will dies before the testator and no alternate beneficiary is named.

Question 24

Anti-lapse statutes

Answer 24

Prevent a gift from lapsing if the gift is made to individuals specified by the statute and they leave issue who survive the testator.

Question 25

Inter vivos trust

Answer 25

Created when the settlor conveys his property to the trustee while the settlor is alive.

Question 26

Testamentary trust

Answer 26

Created by the settlor in his will.

Question 27

Pour over trust

Answer 27

Created by the settlor during his life but not funded until his death by a devise in his will.

Question 28

Disabling restraint on alienation

Answer 28

Total prohibition on the transfer of the property interest by its owner.

ALWAYS void.

Question 29

Forfeiture restraint on alienation

Answer 29

Property is forfeited if the interest owner attempts to transfer his interest.

Restraint on a future interest or a life estate CAN be valid.

Question 30

Promissory restraint on alienation

Answer 30

Promise by the property interest holder not to transfer the property interest.

Enforceable by an injunction or a suit seeking damages.

Restraint on a life estate CAN be valid.

Question 31

Prohibited restraints on alienation

Answer 31

An absolute restraint on alienation of a fee simple is void.

Any restraint based on race, ethnicity, or religion not enforceable.

Question 32

Restraint on equitable interests

Answer 32

A restriction on the transferability of an equitable property interest, such as a spendthrift clause, is valid.