Titles

Question 1

Deed

Answer 1

A deed transfers legal title from the grantor to the grantee. A deed must be lawfully executed and delivered.

Question 2

Lawful Execution

Answer 2

Lawful execution requires a writing signed by the grantor, an unambiguous description of the land, identification of the parties, and words of intent to transfer.

Question 3

Deliverty

Answer 3

Delivery is based on present intent of the grantor that title pass immediately. Rejection of a deed defeats delivery.

Question 4

Recording Systems

Answer 4

Common Law: First conveyance wins.

Race Jurisdiction: First to record wins.

Notice Jurisdiction: Last BFP to take wins.

Race-Notice Jurisdiction: First BFP to record wins.

Question 5

BFP

Answer 5

To be a bona fide purchaser, a grantee must take the property for value without notice of the prior conveyance. Recording statutes do not protect donees, heirs or devisees unless the shelter doctrine applies.

Question 6

Shelter Doctrine

Answer 6

Anyone who takes from a BFP will prevail against any interest the BFP would have prevailed against.

Question 7

Adverse Possession

Answer 7

To establish title by adverse possession, the possessor must show that the possession was:
-Continuous
-Open and notorious (visible)
-Actual (occupying)
-Exclusive (not sharing)
-Hostile (without owner’s permission)