TITLES

Question 1

Adverse Possession

Answer 1

Title of real property may be acquired by adverse possession.

Adverse possession requires

1. actual entry and possession that is
2. exclusive
3. continuous for a statutory period
4. hostile
5. open and notorious

Question 2

Adverse Possession

Actual

Answer 2

There must be actual entry and possession

Actually occupies

If the possessor only actually possess a part of the property, she may gain title to the whole property through constructive adverse possession.

Question 3

Adverse Possession

Open and Notorious

Answer 3

The possessor must occupy the property in a manner that would give the owner constructive notice of the possession

Question 4

Adverse Possession

Hostile

Answer 4

The possessor must occupy the property without the owner’s permission

Question 5

Adverse Possession

Exclusive

Answer 5

The possessor must occupy the property exclusively, meaning he cannot share the property with the owner. However, he may occupy with other possessors, thus creating a tenancy in common by adverse possession.

Question 6

Adverse Possession

Continuous

Answer 6

The claimant’s possession of the property must be continuous throughout the statutory period.

Tacking allows an adverse possessor to add or “tack” the duration of successive possessors’ occupation to meet the statutory period.

Tacking requires privity between the occupants.

Question 7

Deed

Answer 7

A deed is a document that transfers title of real property.

A valid deed must

(1) comply with formalities and be
(2) delivered and (3) accepted

Question 8

Deed Formalities

Answer 8

To comply with the requisite formalities, a deed must

(1) satisfy the Statute of Frauds
(2) describe the property, and
(3) identify the parties to prevent ambiguity

Question 9

Statute of Frauds

Answer 9

To satisfy the SOF, the deed must be in writing signed by the grantor

Exceptions include part performance and promissory estoppel.

Question 10

Deed - Intent

Answer 10

A deed is considered delivered when the grantor has the present intent to transfer as long as the grantor dos not reserve the right to rescind the deed.

The deed must include words of intent.

A transfer to the grantee creates a presumption of intent

If the grantor gives the deed to a third party agent but reserves a right to rescind the deed or instructs delivery to the grantee based upon a condition, the deed will not be considered delved for lack of present intent.

Acceptance is generally presumed

Question 11

General Warranty Deed

Answer 11

guarantees six covenants of title - three present covenants and three future covenants
The grantor guarantees against defects created by himself and all prior holders of title

Question 12

Present Covenants

Answer 12

Seisin - guarantees that the grantor owns the property described in the deed

right to convey - guarantees that the grantor has the right to convey title

against encumbrances - guarantees that the property does not contain undisclosed encumberances

Question 13

Future Covenants

Answer 13

Quiet Enjoyment - guarantees that the grantee’s possession and enjoyment will not be disturbed by a third party’s assertion of superior title

Warranty - guarantees that the grantor will defend against a third party’s assertion of title

Further Assurances - guarantees that the grantor will use any means necessary to perfect a defective title

Question 14

Special Warranty Deed

Answer 14

Contains the same covenants as a general warranty deed but only warrants against the defects arising during the grantor’s ownership

Question 15

Quitclaim Deed

Answer 15

guarantees no covenants of title.

Transfers any interest the grantor had

Question 16

Recording Statutes

Answer 16

A deed need not be recorded to be valid.

However, a recorded deed may prevent title disputes

Unless a recording statute governs, the common law approach of “first in time, first in right” is the default for determining who has priority as to title.

Question 17

Notice Statute

Answer 17

a subsequent bona fide purchaser will be granted title prior to a grantee who failed to record

BFP - one who acquires property for value without notice of prior interests

Question 18

Race Statute

Answer 18

the first to record will be granted title regardless of notice of prior interests

Question 19

Race-Notice Statute

Answer 19

will be granted title only if he

(1) records first and
(2) acquires without notice of prior interests

Question 20

Actual Notice

Answer 20

a grantee with actual notice will not be granted title in notice or race-notice recording jurisdictions

Question 21

Inquiry Notice

Answer 21

A grantee is considered to have inquiry notice if a reasonable inspection of the property would have revealed conflicting interests.

Question 22

Constructive Notice

Answer 22

A grantee has constructive notice if all prior interests were recorded an can be found upon review of the chain of title.

Question 23

Shelter Rule

Answer 23

a bona fide purchaser who has acquired title by virtue of a recording statute’s protection will shelter his grantee who would not otherwise qualify for protection.