Deck 6: Deeds

Question 1

A deed need not have consideration to be valid.

Answer 1

False

Question 2

An oral deed is enforceable.

Answer 2

False

Question 3

A quitclaim deed contains no covenants or warranties of title.

Answer 3

True

Question 4

A deed that covenants only against the lawful claims of people claiming by, through, or under the grantor is a limited warranty deed.

Question 5

Possession of the deed by the grantor is presumption of nondelivery.

Question 6

The covenant of quiet enjoyment in a warranty deed is a present covenant.

Question 7

Acceptance by the grantee of a corrective deed is admission of the error found in the original deed.

Question 8

The execution portion of a deed is known as the habendum.

Question 9

A warranty made in a general warranty deed that the land is unencumbered is known as the "covenant of seisin."

Question 10

The covenant of seisin is a present covenant.

Question 11

Once signed by the grantor, a deed conveys ownership of the property to the grantee.

Question 12

Deeds are generally signed only by the grantee.

Question 13

All states require that deeds must be witnessed in order to be valid.

Question 14

A deed must have consideration to be valid.

Question 15

An interested witness, such as the grantee of a deed, cannot witness the grantor's signature to a deed.

Question 16

There is an implied warranty of title in all real property transfers.

Question 17

A deed that covenants only against the lawful claims of people claiming by, through, or under the grantor is a general warranty deed.

Question 18

The doctrine of caveat emptor (let the buyer beware) applies to the law of real property transfers.

Question 19

A corrective deed is valid without any additional consideration.

Question 20

A warranty contained in a general warranty deed stating that the land is unencumbered is known as the "covenant of quiet enjoyment."

Question 21

Which of the following is not a present covenant contained in a general warranty deed?

A) covenant of seisin
B) covenant of quiet enjoyment
C) covenant of right to convey
D) covenant against encumbrances

Question 22

Which of the following covenants are not found in a quitclaim deed?

A) covenant of seisin
B) covenant against encumbrances
C) covenant of quiet enjoyment
D) all of the above

Question 23

Which of the following persons would not be a competent witness to the grantor's signature on a deed?

A) grantor's spouse
B) next-door neighbor
C) grantee
D) lawyer who prepared the deed

Question 24

Which of the following deed covenants can only be enforced by the owner of the property against the person who gave the property to them?

A) covenant of seisin
B) covenant of right to convey
C) covenant against encumbrances
D) all of the above
E) none of the above

Question 25

Which of the following deed covenants run with the land and are enforceable by any owner of the land?

A) covenant of quiet enjoyment
B) covenant of further assurance
C) covenant of warranty
D) all of the above

Question 26

Which of the following is generally not a requirement for a valid deed?

A) signature of grantee
B) adequate description of land
C) delivery of deed to grantee
D) consideration

Question 27

Which of the following presumptions is incorrect?

A) possession of the deed by the grantor is presumption of nondelivery
B) possession of the deed by the grantee is presumption of nondelivery
C) recordation of a deed in the public records is presumption of delivery
D) possession of the deed by the grantee is presumption of delivery

Question 28

Which of the following is not a formal part of a deed?

A) caption
B) description
C) habendum clause
D) testimonium
E) none of the above

Question 29

Which of the following deeds are typically quitclaim deeds? A) executor's deeds
B) administrator's deeds
C) trustee's deeds
D) foreclosure deeds
E) all of the above
F) none of the above

Question 30

​ A grant deed is the same as a quitclaim deed.

Question 31

A grant deed is the same as a general warranty deed.

Question 32

Which of the following is not a future covenant contained in a general warranty deed?

A) covenant of quiet enjoyment
B) covenant of further assurance
C) covenant of seisin
D) covenant of warranty