Transfer of Title and Recording

Question 1

Adverse Possession

Answer 1

(1) actual possesion that is (2) open and notorious, (3) adverse, and (4) continuous for the statutory period

Question 2

Quitclaim Deed

Answer 2

Transfers whatever right, interest,, or title in the property that grantor has

Question 3

Valid Deed

Answer 3

Requires a writing containing a description of the land and parties, words of intent, and the grantor’s signature

Defective deed may be voidable, so set aside only if not conveyed to BFP, or void (set aside regardless BFP)

Question 4

Voidable Deeds

Answer 4

Can be set aside only if not conveyed to BFP

E.g. Duress, undue influence, mistake

Question 5

Void Deeds

Answer 5

Set aside regardless of BFP

E.g. Obtained through fraud in the factum, forged, or never delivered

Question 6

“Any conveyance…shall not be valid agaisnt any subsequent purchaser for value, without notice, unless the conveyance is recorded”

Answer 6

Notice statute

Question 7

Shelter Rule

Answer 7

Allows person who takes from a BFP to prevail against any interest that the transferor-BFP would have prevailed against, even if transferee had actual knowledge of prior unrecorded interest

Question 8

How are mortgagees for value treated under recording statutes

Answer 8

Treated as BFP as long as no notice of interest, land subject to mortgage

Question 9

“Any conveyance…shall not be valid against any subsequent purchaser for value and without notice whose conveyance was first recorded”

Answer 9

Race-Notice Statute