Titles

Question 1

What are some issues relating to deeds and chain of title?

Answer 1

Wild Deeds

Estoppel by Deed

Adverse Possession: not protected.

Question 2

Does a deed need to be recorded to be valid?

Answer 2

No

Question 3

What are the different types of recording acts

Answer 3

Race - “first”

Notice - “without notice”

Race Notice - “first” and “without notice”

Note: Notice can be actual, constructive or inquiry.
Note: shelter rule
- Grantors who are protected by the recording act protect (or “shelter”) their grantees who would otherwise be unprotected. The exception to the shelter rule is that a purchaser who has notice of a prior property interest cannot sell his property interest to a person without such notice and then buy back the property to gain the protection of the shelter rule.

Question 4

Must a grantee pay value to be protected under a recording act?

Answer 4

Yes.

Note: mortgagees are considered to have paid value, unless not given simultaneously with loan.

Note:grantees who acquire bu gift not protected.

Note: creditors protected only after judgement recorded.

Question 5

What are the elements of adverse possesion?

Answer 5

Continuous

• Seasonal ok if consistent with property.
• Tacking allowed if privity
• Disability/infancy/prison = tolls

Actual, Open, Notorious

Hostile

• Majority: Intent irrelevant
• Minority 1: Good faith
• Minority 2: Bad Faith

Exclusive
- Cannot share with OWNER

Question 6

When is there a constructive adverse possession?

Answer 6

Enters under color of title and actually posses a portion of property. This creates an adverse possession of title as a whole.

Question 7

When can an easement be terminated?

Answer 7

Release

Merger
- When A purchase property B, to which easement was.

Severance

Abandonment

• Act in affirmative way (not just words)
• Statements alone insufficient

End of necessity

Condemnation

Destruction

Question 8

Who has a duty to maintain an easement?

Answer 8

Owner of easement

• Contribution is ok
• Serviant estate has obligation if uses

Question 9

What is a profit relating to easements?

Answer 9

Allowed to come on land for minerals

Question 10

What is the difference of a license from an easement?

Answer 10

Revocable unless detrimental reliance.

Question 11

What are the four classifications of easements?

Answer 11

Easement appurtenant
- Tied to land - assumed

Easement in gross
- Tied to a person

Affirmative
- Right to do something

Negative

• Restrictive
• Light/Air/Water
• In writing signed by grantor

Question 12

What is a common-Interest ownership community?

Answer 12

HOAs, Condominiums, etc.

Declaration, governing documents.

Governed by a board.

Question 13

What is an equitable servitude’s requirements? What are its defenses? What is an implied reciprocal servitude?

Answer 13

Enforced by equity or injunction.

Requirements
-Writing, intent, touch and concern, notice (if against purchaser)

Implied
- Intent, negative, notice

Defenses

• Changed circumstances
• Laches
• Unclean hands
• Acquiescence
• Estoppel

Question 14

What two things are required for a deed?

Answer 14

1. Intent to Transfer
   - Rebutable presumption deed is operative when recorded
   - Delivery completed by physical delivery or mail to grantee or grantor’s agent
   - Physical transfer not required.

Third Parties:
- grantor’s agent = no intent to deliver.
- grantee’s agent = intent to deliver.
If grantor retains an absolute right to retain, no right to deliver.

2. Acceptance

Question 15

What necessary terms must be in a deed for the deed to be valid?

Answer 15

Parties
- Grantor and grantee ID’s BY NAME

Words of Transfer

Description of Property

Grantor’s Signature

Note: Agent may execute deed on grantor’s behalf.

• Equal Dignities Rule: When agent signs something applicable to SoF, agent’s authority must also be in writing. Exception for corporations.
• Must sign grantor’s name. Not agent’s name.

Question 16

What is a conversion?

Answer 16

Equitable title passes to buyer during pendency of sale contract (although seller has legal title)

Does not apply if specifically enforceable.

When action against seller for claim before execution of contract, judgement obtained after contract is not enforceable against property, only good against sale proceeds

Risk of loss on buyer.

Question 17

What are the different types of deeds?

Answer 17

General Warranty Deed
- 3 Present and 3 Future Warranties
Present (breach occurs at conveyance)
1. Covenant of sessin - land is as described
2. Covenant of right to convey
3. Covenant against encumbrances
Future (must notify)
1. Covenant of quiet enjoyment - no interference by 3rd party.
2. Covenant of warranty - defend against 3rd party.
3. Covenant for further assurances - grantor will protect title.

Special Warranty Deed - same as general but only warrants for defects while grantor has title.

Quitclaim deed - no protection

Question 18

What are the different types of restraints on alienation?

Answer 18

Disabling Restraint - prohibition of transfer = void

Forfeiture restraint - loss of property if transferred = void if on a future interest or LE

Promissory Restraint - promise not to transfer = enforceable. Valid on LE.

Note: permissible: restraints on use (covenants) are allowed if limited in the time and purpose.

Question 19

What is an ademption?

Answer 19

When a devisee in a real property fails because the testator no longer owns the property at death.

The Transfer will got to intended beneficiary, not who is in will.

Example
A gives Blackacre to B via will.
A sells Blackacre to C
A dies
C keeps property
B gets nothing.

Question 20

What is a lapse and anti-lapse statute’s affect?

Answer 20

When the beneficiary under a will dies before testator, and no alternative beneficiary is named.

All jurisdictions have an anti-lapse statute. Leaves gifts to parties specified in statutes.

Question 21

What is a conveyance by trust?

Answer 21

Property managed by one person for the benefit of another.

Private trusts

• Intent
• Valid purpose
• Res (property)
• Beneficiaries

Charitable Trusts

• No RAP
• AG can enforce
• unidentifiable and numerous
• Cy Pres