Deck 8: Deeds

Question 1

An oral deed is enforceable.

Answer 1

False

Question 2

A deed need not have consideration to be valid.

Answer 2

False

Question 3

A quitclaim deed contains no covenants or warranties of title.

Answer 3

True

Question 4

Deeds for love and affection with no monetary consideration are not valid.

Question 5

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

Question 6

A deed must be in writing.

Question 7

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

Question 8

A deed that covenants against the lawful claims of people claiming by, through, or under the grantor is known as a quitclaim deed.

Question 9

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

Question 10

The covenant of seisin is a present covenant.

Question 11

Deeds are generally signed only by the grantor.

Question 12

A deed must have consideration to be valid.

Question 13

Deeds are generally signed only by the grantee.

Question 14

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

Question 15

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

Question 16

The covenant of quiet enjoyment is a future covenant.

Question 17

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

Question 18

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

Question 19

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

Question 20

In the absence of an express covenant for title, the full risk of title failure falls on the purchaser of real property.

Question 21

The law of the state in which the land to be conveyed is located controls the formal requirements of the deed.

Question 22

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

Question 23

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 a presumption of delivery.

Question 24

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

Question 25

Which of the following deed covenants run with the land and is/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

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

Question 27

The grantee of a deed is a competent witness to the grantor's signature of a deed.

Question 28

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 29

A deed, once signed by the grantor, conveys ownership of the property to the grantee.

Question 30

Which of the following covenants is not/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 31

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 32

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

Question 33

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 34

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 35

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

Question 36

A corrective deed is valid without any additional consideration.

Question 37

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

Question 38

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 39

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

Question 40

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

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 41

Naomi signed, delivered, and recorded a deed to a vacation home, transferring the home to her former college roommate Jill. A year after the deed was recorded, Naomi needed money and asked Jill to give the home back to her. Jill agreed and she returned the original deed signed by Naomi to her. Does Naomi now own the vacation home?

Question 42

John, as grantor, signed a deed for some farmland to his best friend William, as grantee. John did not give the deed to William but instead kept it with his private papers in his bank safety deposit box. Does William own the farmland described in the deed? Explain your answer.

Question 43

Acme Land Company sold a lakefront lot to Sarah Farris. The date of the sale was July 30, 2019. Acme transferred the lot to Sarah by a limited warranty deed. The deed warranted that the property was free of liens and encumbrances. Acme had owned the lot since March 10, 2014. After the sale, when Sarah was seeking a mortgage loan to build a home on the lot, Sarah discovered that the lot was encumbered by an easement for general public access to the lake. The easement was created in April 2010 by a previous owner of the lot. The easement reduced the size of the lot for building purposes and reduced its value. Can Sarah sue Acme for breach of a deed warranty?