Transferring Real Estate Flashcards
After California became a state, the legislature redefined what was necessary to evidence transfer of California land. The modern evidence of transfer of ownership is
(a) a physical aspect of the land (i.e. twig, dirt) stored at the county recorder’s office.
(b) a date stamped photograph of the subject property filed at the county recorder’s office.
(c) a deed that is filed in the county recorder’s office to show transfer of ownership.
(d) physical possession.
(c) a deed that is filed in the county recorder’s office to show transfer of ownership.
What usually happens to a person’s property who died intestate?
(a) It escheats to the state
(b) It is distributed to his/her heirs
(c) It is distributed according to his/her will
(d) None of the above
(b)It is distributed to his/her heirs
Intestate means dying without a will or leaving a defective will. The intestate decedent’s property passes to his or her heirs according to the laws of descent in the state where such real property is located.
A will written in the testator’s own handwriting is called a
(a) sealed will.
(b) gift certificate.
(c) nontransferable will.
(d) holographic will.
(d)holographic will.
A man appointed by the court to settle the estate of a person who has died intestate is called a(n)
(a) devisee.
(b) testator.
(c) executor.
(d) administrator.
(d)administrator.
An administrator (male, administratrix-female) is appointed by the court when the deceased died without leaving a will (intestate). A devisee is one who receives a gift or real property by will. A testator (male, testatrix-female) is one who makes a will. An executor (male, executrix-female) is the one appointed by the deceased to execute (carry out the terms of) a will.
The process by which land adjacent to a flowing body of water accumulates new soil is called
(a) avulsion.
(b) reliction.
(c) accretion.
(d) alluvion.
(c)accretion.
The process by which land adjacent to a flowing body of water accumulates new soil is called
(a) avulsion.
(b) reliction.
(c) accretion.
(d) alluvion.
(c)accretion.
One of the steps necessary to acquire title to real estate by adverse possession is to occupy the property “hostile” to the true owner. In this context,
(a) without hiding the fact.
(b) without permission.
(c) by force.
(d) in secret.
(b)without permission.
The transfer of property by private grant is also called a
(a) note.
(b) lien.
(c) grant deed.
(d) gift.
(c)grant deed.
A private grant, also called a grant deed, is a written instrument giving the names of both parties and a legal description of the property.
The transfer of privately owned land to the public under approval of the Map Act is called
(a) gifting.
(b) condemnation.
(c) dedication.
(d) government taking.
(c)dedication.
Dedication is the transfer of privately owned land to the public with the intent that the land will be accepted and used for public use.
A court order directing the county sheriff or another officer to satisfy a judgment out of the debtor’s property is called a
(a) sheriff’s sale.
(b) community sale.
(c) foreclosure.
(d) writ of execution.
(d)writ of execution.
Steve owns Greenacre but does not want Bob to know. One day, when Steve, Bob, and Mark are together, Bob asks Steve and Mark if one of them owns Greenacre. Mark says yes he owns Greenacre, and Steve (the real owner) doesn’t object. Bob then pays Mark for Greenacre. Which of the following is correct?
(a) Steve still owns Greenacre since he is the real owner.
(b) Bob owns Greenacre based on the doctrine of equitable estoppel.
(c) Steve still owns Greenacre and Mark is prosecuted for fraud.
(d) Bob cannot transfer title to Greenacre since he does not own it.
(b)Bob owns Greenacre based on the doctrine of equitable estoppel.
Bob owns Blackacre. Steve is equitably estopped from denying Joe’s ownership. By his conduct (silence), Steve allowed Bob to believe he was buying Greenacre from Mark. Steve will be left with an action for damages against Mark, who has pocketed the money Bob paid for Blackacre.
A valid deed must contain
(a) evidence of recordation.
(b) a date.
(c) a granting clause.
(d) the signature of the grantee.
(c)a granting clause.
There is no legal requirement that a deed
(a) be witnessed.
(b) that the grantor’s signature be verified by any third person.
(c) be supported by consideration.
(d) All of the above
(d)All of the above
A deed, unlike a contract, does not need to be supported by consideration. There is no legal requirement that a deed be witnessed or that the grantor’s signature be verified by any third person.
There is no legal requirement that a deed
(a) be witnessed.
(b) that the grantor’s signature be verified by any third person.
(c) be supported by consideration.
(d) All of the above
(d)All of the above
A deed, unlike a contract, does not need to be supported by consideration. There is no legal requirement that a deed be witnessed or that the grantor’s signature be verified by any third person.
The recording of an instrument gives
(a) actual notice.
(b) constructive notice.
(c) positive notice.
(d) passive notice.
(b)constructive notice.
Constructive notice is knowledge the law presumes a person has about a particular fact regardless of whether the person knows about the fact or not. Examples of constructive notice would include the proper recording of a deed in the public records or the physical possession of property by an owner or tenant.
