Transfer of Real Property

Question 1

intent to transfer (delivery)

Answer 1

must be intent to make a present transfer of a property interest to grantee, it can however, be a present transfer of a future interest

Question 2

transfer of deed to grantor’s agent

Answer 2

treated as if grantor retained deed

Question 3

transfer of deed to grantee’s agent

Answer 3

treated as if given to grantee

Question 4

Recording Act–Notice Statute

Answer 4

a purchaser need only purchase without notice of the prior interest to prevail under a notice statute. Notice statutes tend to protect subsequent purchasers against interest holders who could have but did not record documents describing their interests

Question 5

Recording Act–Race Statute

Answer 5

a minority of states; when purchaser who records first prevails regardless of his knowledge of any prior conflicting interests

Question 6

Recording Act–Rate-Notice Statute

Answer 6

Requires subsequent purchaser to take the interest without notice of a prior conflicting interest AND be the first to record

ex. in good faith + duly recorded

Question 7

recording acts–paid value

Answer 7

must pay value for interest in real property to get protection under recording acts. Donees, heirs, and devisees do not have any protection against prior claims

Question 8

recording acts–notice

Answer 8

can be actual, by inquiry (reasonable person), or constructive notice. Grantees are held to have constructive notice of all prior conveyances properly recorded