Transfer of Title

Question 1

the right to or ownership of land, and can also be evidence of that ownership

Answer 1

Title

Question 2

the transfer of title to real estate by gift or sale during one’s life, using some form of deed

Answer 2

Voluntary Alienation

Question 3

(payment) of some form must be stated to record a deed

Answer 3

Consideration

Question 4

A deed executed by a minor is

Answer 4

Voidable

Question 5

To create a valid deed (person who transfers title) must be of legal age and legally competent to execute (sign) the deed

Answer 5

Grantor

Question 6

must be identifiable with sufficient certainty.

Answer 6

Grantee

Question 7

(words of conveyance) must be used.

Answer 7

Granting Clause

Question 8

defines the ownership interest taken by the grantee

Answer 8

Habendum Clause

Question 9

full transfer of all of the rights of ownership must be noted including these

Answer 9

Exceptions and reserverations

Question 10

provides the greatest protection to the grantee and includes the covenant of seisin, covenant against encumbrances, covenant of further assurances, covenant of quiet enjoyment, and covenant of warranty forever.

Answer 10

General Warranty Deed

Question 11

warranties that the grantor received title and that the property was not encumbered during the time the grantor held title, except as otherwise noted.

Answer 11

Special Warranty Deed

Question 12

implies that the grantor holds title and possession of the property, but there are no express warranties against encumbrances.

Answer 12

bargain and sale deed

Question 13

provides the least protection of any deed as it carries no covenants or warranties, and conveys only whatever interest the grantor may have when the deed is delivered.

Answer 13

quitclaim deed

Question 14

used by the trustee to return title to the trustor

Answer 14

reconveyance deed

Question 15

conveys the property to someone other than the trustor

Answer 15

trustees deed

Question 16

may be required to record a deed

Answer 16

Transfer tax stamps

Question 17

(transfer) of title to property is usually by operation of law.

Answer 17

Involuntary Alienation

Question 18

property is taken by a creditor for nonpayment of a debt secured by real property

Answer 18

Foreclosure

Question 19

when someone who is not the lawful owner takes exclusive possession of the property for the length of time specified by state law in a way that is ONCHA: open, notorious, continuous, hostile, and adverse to the interest of the true owner.

Answer 19

Adverse Possession

Question 20

occurs when someone dies testate (leaving a valid will, prepared as required by state law).

Answer 20

Transfer of title by will

Question 21

A will takes effect only after death and can be changed by

Answer 21

Codicil

Question 22

a gift of real property by will

Answer 22

Devise

Question 23

a gift of personal property.

Answer 23

Bequest or Legacy

Question 24

a will must be filed with the court and probated

Answer 24

To pass title to property on death

Question 25

to confirm that the will is valid.
to identify which persons get any of the estate.
to determine the exact assets of the deceased person.

Answer 25

Reason for probate

Question 26

An oral will

Answer 26

Noncupative will

Question 27

A holographic will

Answer 27

Handwritten will

Question 28

not having made a will before one dies.

Answer 28

intestate

Question 29

Generally, where does a probate proceeding involving real property take place?

Answer 29

In both the county where the decedent resided and the county in which the property is located

Question 30

essential elements of a deed

Answer 30

competent grantor.
legal description.
delivery and acceptance of the deed.

Question 31

When a corporation transfers ownership of property, the deed must be signed by

Answer 31

An authorized officer

Question 32

A feature of holding title as joint tenants is that

Answer 32

upon death the title transfers without going through probate.

Question 33

The possession of property by an adverse possession claimant must be

Answer 33

Notorious
Hostile
Open

Question 34

What limits are set by the covenants in a general warranty deed?

Answer 34

No limits