Deck 34: Acquiring Title to Real Property

Question 1

What is a way to acquire title to real property?

A) Sue received a log cabin as a gift from her grandparents
B) Barb inherited a beach house
C) Sally bought a house at a public auction
D) All of the above

Answer 1

All of the above

Question 2

How may real property be sold?

A) Private sale
B) Private auction
C) Mortgagee's foreclosure sale
D) All of the above

Answer 2

All of the above

Question 3

After the American Revolution, what happened to any land not owned by individuals?

A) It became the property of the state
B) It became the property of the federal government
C) All of the above
D) None of the above

Answer 3

All of the above

Question 4

Who could apply for land grants under the Homestead Act?

A) Anyone who was at least 21 years old
B) Anyone who had never taken up arms against the United States
C) All of the above
D) None of the above

Question 5

What term describes a formal, written instrument used to transfer title to real property from one person to another?

A) Conveyance
B) Affidavit
C) Power of attorney
D) Mortgage

Question 6

Who are parties to a deed?

A) Donor and donee
B) Grantor and grantee
C) Promisor and promisee
D) Bailor and bailee

Question 7

When a person dies owning real property, what may happen to title to the decedent's property?

A) It passes to decedent's heirs according to the decedent's will
B) It passes to decedent's heirs according to intestacy
C) All of the above
D) None of the above

Question 8

Under what circumstances may title to real property be divested by the administrator of the estate?

A) To obtain money from the property's sale to pay estate taxes
B) To obtain money from the property's sale to pay administrative expenses
C) To obtain money from the property's sale to pay claims against the estate
D) All of the above

Question 9

What term describes the seizing of property under a writ and bringing the property into the custody of the court?

A) Garnishment
B) Attachment
C) Foreclosure
D) In rem action

Question 10

What term describes a sale of property at public auction conducted by a sheriff?

A) Sheriff's sale
B) Levy on execution
C) Quasi in rem action
D) Partition

Question 11

What term describes a person borrowing money and giving a mortgage?

A) Grantor
B) Promisor
C) Mortgagor
D) Mortgagee

Question 12

What happens to the proceeds of the mortgagee's foreclosure sale?

A) Proceeds are taken by municipality
B) Proceeds are taken by mortgagee
C) Proceeds are applied to the payment of the mortgage debt
D) None of the above

Question 13

Under what circumstances might municipalities take real property?

A) Unpaid taxes
B) Abandonment
C) Waste
D) Use of the premises for illegal purposes

Question 14

Who can terminate the right of redemption?

A) State legislature
B) Court
C) Registry of deeds
D) Secretary of State

Question 15

To obtain title to real property by adverse possession, how must the actual possession of property be done?

A) Openly
B) Notoriously
C) Exclusively
D) All of the above

Question 16

What term describes an accumulation of possession by different occupiers who are not record owners?

A) Seisin
B) Tacking
C) Toll
D) Convey

Question 17

What circumstances may give the true owner a longer time to regain possession of the premises claimed by adverse possession?

A) Imprisonment
B) Insanity
C) Infancy
D) All of the above

Question 18

What term describes the gradual eating away of the soil by the operation of currents?

A) Alluvion
B) Reliction
C) Erosion
D) Corrosion

Question 19

What term describes an addition to the soil made by nature?

A) Accretion
B) Accrual
C) Accumulation
D) Buildup

Question 20

Who owns an addition to the soil made by nature?

A) State government
B) Owner of the soil to which it is added
C) Federal government
D) Public

Question 21

Real property may be acquired by inheritance.

Question 22

Adverse possession is an illegal way of acquiring real property.

Question 23

After the American Revolution, any land that was not owned by individuals remained the property of the foreign governments.

Question 24

By the beginning of the 19th century, millions of acres of public land became privately owned.

Question 25

A deed is a formal written instrument used to transfer title from a vendee to a vendor.

Question 26

Traditionally, only a deed under seal was effective.

Question 27

After the death of a tenant in common, title to the deceased's property passes to his or her heirs.

Question 28

In all states, title to real property transfers automatically to an owner's heirs after the owner's death.

Question 29

An attachment is taking property by the use of a writ and bringing it into the custody of the sheriff.

Question 30

A sheriff's sale is accomplished by public auction after a notice is given to the property's owner.

Question 31

A mortgagee's foreclosure sale takes place when the mortgagee is not paid and decides to sell the property to acquire the sum of money owed by the homeowner.

Question 32

Foreclosure sales under a deed of trust are always subject to court supervision.

Question 33

Municipalities have the power to take real property for unpaid taxes.

Question 34

To obtain clear title, the buyer of tax title property must petition the court to terminate the former owner's right of redemption.

Question 35

Adverse possession is a doctrine developed at statutory law.

Question 36

All states require a court proceeding to obtain clear title to real property acquired by adverse possession.

Question 37

Any addition to the soil made by nature is called reliction.

Question 38

Real property owners may gain additional land when adjoining water permanently recedes.

Question 39

Real property may be acquired by sale on ________.

Question 40

In 1862, President Lincoln signed into law the ________ Act.

Question 41

A person transferring property by sale is a(n) ________.

Question 42

In some states, when people die owning real property with others as tenants in common, title to the property vests in their heirs by ________ of law.

Question 43

At the beginning of a lawsuit, the plaintiff may ________ the defendant's real property.

Question 44

The last stage of the mortgagee's foreclosure sale is called ________.

Question 45

After the municipality had taken someone's real property for unpaid taxes, the former owner can get his or her property back by using right of ________.

Question 46

An accumulation of possession of real property by different occupiers who are not record owners is called ________.

Question 47

In some states, clear record title by adverse possession may be had by simply filing a(n) ________ with the proper office.

Question 48

When the soil has been gradually eating away by the operation of currents, it is called ________.

Question 49

Match the terms with their descriptions:

-Seal

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 50

Match the terms with their descriptions:

-Divested

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 51

Match the terms with their descriptions:

-Deed

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 52

Match the terms with their descriptions:

-Mortgagee

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 53

Match the terms with their descriptions:

-Sheriff's sale

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 54

Match the terms with their descriptions:

-Homestead Act

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 55

Match the terms with their descriptions:

-Reliction

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 56

Match the terms with their descriptions:

-Vendor

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 57

Match the terms with their descriptions:

-Right of redemption

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 58

Match the terms with their descriptions:

-Seisin

A) Taken away
B) Person transferring property or goods by sale
C) Land grants signed into law by President Lincoln
D) Possession of a freehold
E) Mark or impression placed next to the party's signature
F) Method of acquiring real property
G) Gradual recession of water that leaves land permanently uncovered
H) Sale of property at public auction conducted by a sheriff
I) One who lends money and takes back a mortgage as security for the loan
J) Right to take the property back

Question 59

Define a deed, identify parties to a deed and requirements of a valid deed.

Question 60

Define a mortgage, a mortgagor, and a mortgagee. Discuss the process of a mortgagee's foreclosure sale.

Question 61

Discuss the process for a taxing authority to take title to real property.

Question 62

What is your opinion on the acquisition of land by adverse possession? Present arguments for and against this law.

Question 63

Before going to work abroad, Susan authorized Mike to manage her property and pay taxes. Upon return to the U.S., Susan found a notice from the municipality that she is delinquent on property taxes and, if the debt is not paid, her property will be taken and sold at a public auction. What can Susan do to keep her house?