VI. Conveyancing

Question 1

Doctrine of equitable conversion

Answer 1

1. once K is signed equity regards the buyer as owner of the real property. Seller’s interest is considered personal property.
2. risk of loss >> buyer
3. passage of title upon death

Question 2

Deeds

Answer 2

1. must be in writing, signed by grantor, and reasonable identify the parties and land
2. deed may convey real property by inter vivos gift if:
   
   1. donative intent
   2. delivery, and
   3. acceptance
3. defetive deed
   
   1. void deed >> set aside even if passed to BFP
   2. voidable deed >> set aside only if not passed to BFP

Question 3

Delivery and acceptance

Answer 3

1. delivery - grantor’s present intention to maek deed presently effective
2. retentin of control or interest by grantor indicate lack of inten to pass title
   
   1. express condition of GR’s death >> valid
   2. conditions not in deed (oral) >> disregarded
3. GR give to third party >> valid delivery

Question 4

Dedication

Answer 4

transfer to public body. offer may be made by:

1. written or oral statement
2. submission of map or plat showing dedication
3. opening the land for public use
4. must be accepted by formal resolution, approval of map, or actual assumption of maintenance

Question 5

Covenants for tilte

Answer 5

Three types: general warranty deed, special warranty, quitclaim deed

General warranty deed

1. covenant of seisin
2. covenant of right to convey
3. covenant against encumbrances
4. convenant for quiet enjoyment
5. covenant of warranty
6. covenant for further assurances

Question 6

Estoppel by deed

Answer 6

If GR purports to convey estate in property that he does not own, his subsequent acquisition will automatically inure to the benefit of GE

• BFP prevail over original GE