Deck 14: Methods of Transfer and Conveyance in Real Estate

Question 1

Execution of a deed by a grantor and placement in the grantor's safe deposit box is sufficient for delivery.

Answer 1

False

Question 2

Delivery to an agent of the grantee is sufficient delivery.

Answer 2

True

Question 3

Undue influence constitutes grounds for setting aside a conveyance by deed.

Answer 3

True

Question 4

Livery of seisin was a ceremony of transfer of land title.

Question 5

The presence of eccentric habits will serve to establish the lack of mental capacity for a deed.

Question 6

The existence of a confidential relationship is a prerequisite to establishing undue influence.

Question 7

Aliases of the grantor should be noted on the deed.

Question 8

Under the UPA, title to real property can be held and conveyed in the partnership name.

Question 9

An "X" is not a sufficient signature for a deed.

Question 10

An executor need only sign his name to the deed to transfer title.

Question 11

The deed must contain a recital of the purchase price paid.

Question 12

The habendum is the clause with the words of conveyance.

Question 13

A deed need not be recorded to be valid.

Question 14

An acknowledgment is a signature by a witness.

Question 15

If a deed is executed, acknowledged and recorded, there is presumption of delivery and acceptance.

Question 16

A quitclaim deed does not pass title.

Question 17

A quitclaim deed has a warranty of title only.

Question 18

A special warranty deed has a warranty of title only.

Question 19

A bargain and sale deed has no warranties.

Question 20

Intervivos gifts, to be valid, must be delivered.

Question 21

Adverse possession requires proof of animosity or anger between the parties.

Question 22

Tacking allows cumulation of time of uses by adverse possessors.

Question 23

Actual and exclusive possession requires the adverse possessor to be on the property at all times.

Question 24

Open and notorious possession requires the adverse possessor to give actual notice of possession to the title holder.

Question 25

Payment of taxes by the title holder precludes adverse possession.

Question 26

Recording involves the copying of documents and retention of those copies.

Question 27

In a pure race jurisdiction, only bona fide purchasers can take good title when dual claims are made.

Question 28

In a race-notice jurisdiction, the first bona fide purchaser to record takes title.

Question 29

In a grantor/grantee index, it is possible to miss a link in the title chain.

Question 30

Title companies use the grantor/grantee index system.

Question 31

The Torrens system requires registration of title.

Question 32

Title insurance affords coverage for forgeries on deeds.

Question 33

Title insurance affords coverage for zoning violations.

Question 34

Title insurance is transferable to another buyer.

Question 35

Title insurance endorsements can provide coverage for boundary disputes.

Question 36

Title insurance protects against the exceptions listed.

Question 37

Title insurance will still cover a non-bona fide purchasers buyer.

Question 38

In a notice jurisdiction, the first party to record takes title.

Question 39

A quitclaim deed does not serve to transfer title.

Question 40

Title insurance covers mechanic's liens.

Question 41

Title insurance does not cover issues related to misplaced boundary lines.

Question 42

A bargain and sale deed is the same as a special warranty deed.

Question 43

A bargain and sale deed is the same as a quitclaim deed.

Question 44

In a race state, a non-bona fide purchaser can take title to the property.

Question 45

The period of possession for claiming title by adverse possession is 5-25 years in most states.

Question 46

The words of conveyance clause in a deed is referred to as the premises clause.

Question 47

A sheriff's deed is an example of a judicial deed.

Question 48

The term "hostile" in adverse possession requires proof of some underlying dispute between the parties.

Question 49

Adverse possession cannot arise from a mistake on boundary lines.

Question 50

A deed that is not recorded is void.

Question 51

A recorded deed cuts off the rights of future buyers of the same property.

Question 52

Damage from second-home smoke is an example of a covered item under a title policy.

Question 53

The tract index allows users to track title through the tract itself and not through transfers.

Question 54

A lis pendens is notice of a pending action.

Question 55

If two persons have title to property, both must sign a deed of conveyance to the property.

Question 56

Some states require a corporate seal on a deed transferring corporate real property.

Question 57

An acknowledgement on a deed means that the signatures of the grantor(s) have been notarized.

Question 58

The warranty that the title to the property is free from encumbrances is given in which deed?

A) Warranty deed
B) Quitclaim deed
C) Sheriff's deed
D) Judicial deed

Question 59

Assume the following sequence of events:
Day 1 - O conveys to A
Day 2 - O conveys to B (bfp)
Day 3 - B records
Day 3 - O conveys to C (bfp)
In a notice state, who will have title to the property?

A)A
B)B
C)C

Question 60

Assume the following sequence of events:
Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - B records
Day 4 - O conveys to C (bfp)
Day 5 - A records
Day 6 - C records
Under a pure race statute, who has title?

A) A
B) B
C) C

Question 61

Assume the following sequence of events:
Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - B records
Day 4 - O conveys to C (bfp)
Day 5 - A records
Day 6 - C records
Under a race notice statute, who has title?

A) A
B) B
C) C

Question 62

Acceptance:

A) Is not required for a valid gift.
B) Is required for a valid conveyance by deed.
C) Is set aside for gifts in contemplation of death.
D) Requires mental capacity.

Question 63

For adverse possession, which of the following is not required?

A) Open and notorious use
B) Exclusive possession
C) Permissive use
D) A dispute between landowners

Question 64

Tacking relates to which element of adverse possession?

A)Open and notorious use
B)Exclusive possession
C)Permissive use
D)Possession for the prescriptive period

Question 65

Establishing undue influence requires:

A) Proof of lack of mental capacity.
B) Proof of a confidential relationship.
C) Proof of a fiduciary relationship.
D) Proof of intent to defraud.

Question 66

For delivery of a deed to be valid:

A) The grantor must have the intent to deliver.
B) The deed cannot be delivered to a third party agent.
C) The grantor must personally deliver the deed.
D) The grantor must notify a third party of the delivery.

Question 67

The consideration clause in a deed:

A) Must specify the amount paid for the land.
B) Is required in gifts.
C) Must be present for the deed to be recorded.
D) Must mention the term "consideration" or "value".

Question 68

The difference between a warranty deed and a special warranty deed is:

A) In the types of warranties give.
B) In the time periods for the warranty protections.
C) That the special warranty deed is a sheriff's deed.
D) That both are bargain and sale deeds.

Question 69

Under a race statute:

A) The first purchaser to record wins title.
B) The first bona fide purchaser to record wins title.
C) The last bona fide purchaser takes title.
D) The last purchaser takes title.

Question 70

Which of the following types of deeds guarantees title only for the time the grantor held it?

A) Quitclaim
B) Special warranty deed
C) Warranty deed
D) Judicial deed

Question 71

A grantor/grantee index:

A) Is organized by tracts of land.
B) Is organized in alphabetical order of both grantor and grantee name.
C) Is available only under the Torrens system.
D) Is the same as a tract index.

Question 72

A grant reads: "O does hereby quitclaim to B his farm, Hoosier Acres."

A) The deed is a quitclaim deed
B) O does not validly transfer title to B
C) B has no interest in Hoosier Acres
D) The deed is also a bargain and sale deed

Question 73

Constructive delivery:

A) Is delivery to the grantee.
B) Is not a valid form of delivery.
C) Occurs when a third party is involved in delivery.
D) Can be done by a third party after the death of the grantor.

Question 74

Adverse possession:

A) Occurs when someone pays the property taxes for the adverse possession period.
B) Can occur even when a license for use is given.
C) Is illegal in most states.
D) Cannot exist unless there is an underlying dispute between landowners.

Question 75

Which of the following title issues would not be covered under a standard title policy?

A) Previously recorded mortgage
B) Recorded easement
C) Prescriptive easement
D) Zoning violations

Question 76

Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - O conveys to C (bfp)
Day 4 - B records
Day 5 - A records
Day 6 - C records
Under a race statute, who has title?

A) A
B) B
C) C

Question 77

Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - O conveys to C (bfp)
Day 4 - B records
Day 5 - A records
Day 6 - C records
Under a notice statute, who has title?

A) A
B) B
C) C

Question 78

Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - O conveys to C (bfp)
Day 4 - B records
Day 5 - A records
Day 6 - C records
Under a race-notice statute, who has title?

A) A
B) B
C) C

Question 79

Which deed provides the highest degree of title protection?

A)Quitclaim
B)Bargain and sale
C)Special warranty
D)Warranty

Question 80

A misplaced the fence on his property boundary. The fence is six inches too far and is on his neighbor's, B's, property. A puts grass and trees in the area by the fence and cares for it for 27 years. A:

A)Is a trespasser.
B)Has a license to use the six inches.
C)Has a life estate.
D)Has acquired title by adverse possession.