Titles

Question 1

What are the elements of Adverse possession?

Answer 1

OCEAN
- open and notorious
- continuous
- exclusive
- actual
- nonpermissive

Question 2

Exceptions to adverse possession statute of limitation?

Answer 2

infancy, insanity, and imprisonment

Question 3

What is required for transfer of deed to be valid?

Answer 3

• signed by the grantor
• identify the grantor and the grantee
• convey words of transfer
• identify the land with reasonable certainty
• deliver the deed*

*if delivered through third party conditioned on the grantor’s death, the third party must evidence the intent to make a PRESENT gift

Question 4

What are the 4 presumptive delivery of a deed?

Answer 4

1. Physical transfer too grantee
2. Recording in land records
3. Without conditions to a third party
4. Grantee obtains possession

Question 5

Can a bank foreclose if a donee receives the property but the bank’s mortgage was recorded first?

Answer 5

Yes. When no recording act applies, the common-law rule governs: “First in time, first in right.”

Question 6

Do recording acts protect donees?

Answer 6

No. But the Shelter Rule protects donees the same protection as the grantor under the recording act.

Question 7

When is a deed considered validly delivered to transfer ownership of property?

Answer 7

1. Manifests a clear intent to immediately transfer ownership of the property.
2. Does not need physical delivery if intent is clear.
3. Retains no control or right to revoke the deed after delivery.

Question 8

What happens when a deed attempts to transfer property to a nonexistent cotenant (at the time of delivering deed)?

Answer 8

The remaining valid grantees take their shares as tenants in common with the grantor