Question 1

Thelma Gregor says that she recorded her deed on her property in 1945. The city of Fairbanks is unable to locate any evidence of recording, but also notes that a records page that listed recorded deeds is missing from one of the 1945 record books. The original owner of the property has since died. Thelma wants to know if she still owns her property.

Accepted Answer

Thelma may claim ownership through adverse possession if she has occupied the property for a sufficient period under the law, especially if she has acted as the owner and there is a missing record that could have evidenced her deed.

Question 2

David and Veronica Allen bought land in Independence, Missouri, during 1994 for $22,000. In January 1998, they listed it for sale with a broker, Chuck Zuvers, asking $88,000. The property remained on the market until May 1999, when Thomas C. Scott contracted to buy it for $90,000. Scott signed the sales contract as "Thomas C. Scott, or assigns" because he was organizing Scott, Hewitt & Mize as a limited liability company and wanted the land deeded to the firm.
At closing, and following Scott's instruction, the Allens deeded the property to "Scott, Hewitt & Mize, LLC." Although Scott and his partners had filed articles of organization for Scott, Hewitt & Mize with the Secretary of State before closing, the Secretary of State rejected the articles because of errors contained in them. Scott corrected the errors, and the Secretary of State issued a certificate of organization to Scott, Hewitt & Mize nine days after closing.
-The contract between the Allens and Thomas C. Scott:

Accepted Answer

The contract is valid because it was made with "Thomas C. Scott or assigns," allowing Scott the flexibility to assign the contract to another party, including the LLC once it was properly formed.

Question 3

David and Veronica Allen bought land in Independence, Missouri, during 1994 for $22,000. In January 1998, they listed it for sale with a broker, Chuck Zuvers, asking $88,000. The property remained on the market until May 1999, when Thomas C. Scott contracted to buy it for $90,000. Scott signed the sales contract as "Thomas C. Scott, or assigns" because he was organizing Scott, Hewitt & Mize as a limited liability company and wanted the land deeded to the firm.
At closing, and following Scott's instruction, the Allens deeded the property to "Scott, Hewitt & Mize, LLC." Although Scott and his partners had filed articles of organization for Scott, Hewitt & Mize with the Secretary of State before closing, the Secretary of State rejected the articles because of errors contained in them. Scott corrected the errors, and the Secretary of State issued a certificate of organization to Scott, Hewitt & Mize nine days after closing.
-The deed was recorded under the LLC's name, but the LLC did not exist. Which of the following statements is correct?

Accepted Answer

The deed transfer to a grantee (Scott, Hewitt & Mize, LLC) that did not legally exist at the time of closing creates a gap in the chain of title, as the entity was not yet recognized by the state due to the initial rejection of the articles of organization.

Question 4

David and Veronica Allen bought land in Independence, Missouri, during 1994 for $22,000. In January 1998, they listed it for sale with a broker, Chuck Zuvers, asking $88,000. The property remained on the market until May 1999, when Thomas C. Scott contracted to buy it for $90,000. Scott signed the sales contract as "Thomas C. Scott, or assigns" because he was organizing Scott, Hewitt & Mize as a limited liability company and wanted the land deeded to the firm.
At closing, and following Scott's instruction, the Allens deeded the property to "Scott, Hewitt & Mize, LLC." Although Scott and his partners had filed articles of organization for Scott, Hewitt & Mize with the Secretary of State before closing, the Secretary of State rejected the articles because of errors contained in them. Scott corrected the errors, and the Secretary of State issued a certificate of organization to Scott, Hewitt & Mize nine days after closing.
-A deed contained the language, "I, Jacob Smith, of Washington County, warrant and defend unto Christina Smith ... the following real estate ..." Although the deed included all the necessary requirements, the parties are now unclear as to the type of deed given and what warranties, if any, were given. Which of the following statements is correct?

Accepted Answer

The answer of David and Veronica Allen bought land in...

Question 5

The Kapinskis owned and occupied lot 18 from 1935 to 1950 in a state in which the adverse possession period is 25 years. In 1950, the lot was conveyed to the Wyroskis. The Laurins purchased lot 19 in 1954. The lots were the sites of summer homes. A row of lilac bushes had always marked the boundary between lots 18 and 19, and the Kapinskis and Wyroskis put in and maintained a lawn and flower bed that bordered the lilacs. A boathouse for lot 18 was also located next to the lilac bushes. The boundary line as marked by the lilac bushes was incorrect and the bushes were actually located on the Laurins' lot. The result was that the incorrect boundary expanded the size and boundaries of the Wyroski lot. In 1961, the Laurins bought an action to quiet title.
-With regard to the lilac bushes:

Accepted Answer

The lilac bush fence, along with the maintenance of the lawn and flower bed by the Kapinskis and Wyroskis, and the location of the boathouse, can be considered an open, notorious, and continuous use of the land, which are key elements required for a claim of adverse possession.

Question 6

The Kapinskis owned and occupied lot 18 from 1935 to 1950 in a state in which the adverse possession period is 25 years. In 1950, the lot was conveyed to the Wyroskis. The Laurins purchased lot 19 in 1954. The lots were the sites of summer homes. A row of lilac bushes had always marked the boundary between lots 18 and 19, and the Kapinskis and Wyroskis put in and maintained a lawn and flower bed that bordered the lilacs. A boathouse for lot 18 was also located next to the lilac bushes. The boundary line as marked by the lilac bushes was incorrect and the bushes were actually located on the Laurins' lot. The result was that the incorrect boundary expanded the size and boundaries of the Wyroski lot. In 1961, the Laurins bought an action to quiet title.
-The Kapinskis:

Accepted Answer

The Kapinskis owned the property from 1935 to 1950, and the Wyroskis continued possession. Through tacking, their combined possession could meet the 25-year requirement for adverse possession.

Question 7

Somerset Savings Bank agreed to finance a 72-unit condominium project, and Chicago Title issued a policy for Somerset's $9.5 million mortgage. After the title policy was issued, the city of Revere, Massachusetts, refused to issue a permit for the project because of issues with existing zoning laws, including a railroad right-of-way through the property. Somerset was left with a $9.5 million mortgage on condominiums that would never be built. Somerset brought suit against Chicago Title for its failure to note the zoning issue. Which of the following statements is correct?

Accepted Answer

Zoning restrictions are typically not covered by a title insurance policy, which primarily insures against defects in the title to the property, not against future uses that might be prohibited by zoning laws.

Question 8

Day 1 − Grantor transfers title to A
Day 2 − Grantor transfers title to the same property to B
Day 3 − Grantor transfers title to the same property to C (bfp)
Day 4 − B records the deed from the grantor
Day 5 − Grantor transfers title to D
Day 6 − C records
Day 7 − D records
-Under a pure race state, who takes title to the property?

Accepted Answer

In a pure race state, the first party to record the deed takes title to the property. B recorded the deed on Day 4, before C and D, thus B takes title.

Question 9

Day 1 − Grantor transfers title to A
Day 2 − Grantor transfers title to the same property to B
Day 3 − Grantor transfers title to the same property to C (bfp)
Day 4 − B records the deed from the grantor
Day 5 − Grantor transfers title to D
Day 6 − C records
Day 7 − D records
-Under a pure notice state, who takes title?

Accepted Answer

In a pure notice state, the title goes to the first bona fide purchaser (BFP) for value who does not have notice of any other claims when they purchase the property. C is the first BFP without notice of A's or B's interest when they acquired the property, and their recording solidifies their claim against any subsequent purchasers, including D.

Question 10

Day 1 − Grantor transfers title to A
Day 2 − Grantor transfers title to the same property to B
Day 3 − Grantor transfers title to the same property to C (bfp)
Day 4 − B records the deed from the grantor
Day 5 − Grantor transfers title to D
Day 6 − C records
Day 7 − D records
-Under a race/notice statute, who takes title?

Accepted Answer

Under a race-notice statute, the title goes to the first bona fide purchaser (bfp) to record, provided they did not have notice of any prior unrecorded interests at the time of their purchase. Here, C is the first bona fide purchaser to record without notice of A's or B's interest, thus C takes title.

Question 11

What is required to establish undue influence in attempting to set aside a property transfer?

Accepted Answer

The answer of What is required to establish undue influence...

Question 12

Which of the following is not a warranty given under a general warranty deed?

Accepted Answer

A general warranty deed provides the highest level of protection to the buyer and includes several covenants or warranties. The statement that the warranties are limited to the time the grantor held title describes a special or limited warranty deed, not a general warranty deed. In a general warranty deed, the grantor guarantees the title against all defects, whether they arose before or during the grantor's period of ownership.

Question 13

Lester, a California resident, owns a parcel of property in Arkansas. Lester has not visited the property in 22 years but has paid taxes on it. When Lester finally returns to the property, he discovers that Brunyan has been using the lot for 21 years as a storage yard for his auto wrecking business. Lester brings suit to have Brunyan ejected. Brunyan claims title by adverse possession. What result?

Accepted Answer

The answer of Lester, a California resident, owns a parcel...

Question 14

​Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?

Accepted Answer

The answer of ​Adams, a successful attorney with many land...

Question 15

​For five years, Ryan Rob has lived on a ranch and grazed cattle on a neighboring land knowing the land belonged to another. Rob passes away during the sixth year and leaves all the property to his son, who continues with the ranch operation and the grazing. Fifteen years later, the son wishes to quiet title to the grazing land. The prescriptive period is 20 years. What result?

Accepted Answer

The answer of ​For five years, Ryan Rob has lived...

Question 16

Discuss the inadequacies and inaccuracies of the following deed. What other information do you need
  
QUITCLAIM DEED
For the consideration of Ten Dollars, and other valuable consideration, I or we, Mr. and Mrs. William Smith, hereby grant/convey to Mr. and Mrs. Sam Jones all right, title or interest in the following real property situated in Maricopa County, Arizona:

Accepted Answer

The answer of Discuss the inadequacies and inaccuracies of the...

Question 17

​The following sequence of events has occurred:
Day 1 - O conveys to A
Day 2 - O conveys to B (bfp)
Day 3 - B conveys to C (bfp)
Day 4 - C records
Day 5 - A records
Who has title? (Determine title for all three types of recording jurisdiction.)

Accepted Answer

The answer of ​The following sequence of events has occurred:
Day...

Question 18

Sam Johnson sold a one‑acre parcel of land he owned (located near Lake Havasu) to Henry Thoreau. Johnson conveyed it to Thoreau by warranty deed. Henry Thoreau is, in all literary and legal senses, a bona fide purchaser. Later Ralph W. Emerson approached Johnson about the same property, and Johnson sold it to him. Ralph, like Henry, received a warranty deed from Johnson and is a bona fide purchaser. Neither Henry nor Ralph has recorded their deeds. Johnson still later sold the same property to Emily Dickinson who was told of it (independently) by Ralph and Henry. Ralph and Henry had also described to Emily their shrewd purchases of the land. Upon receipt of the warranty deed from Johnson, Emily records immediately at the Mohave County Recorder's office.
a. In a race state, who has title to the land? Explain.
b. In a notice state, who has title to the land? Explain.
c. In a race/notice state, who has title to the land? Explain.
d. What is the significance of Johnson giving a warranty deed in each transfer? Does he have any liability?
e. Could Johnson have used another type of deed to avoid liability?

Accepted Answer

The answer of Sam Johnson sold a one‑acre parcel of...

Question 19

Ralph has fenced in twelve extra acres of land on his farm. He did so because of a mistake in the boundary survey. Ralph has planted the twelve acres every other year for 22 years. Discuss Ralph's rights.

Accepted Answer

The answer of Ralph has fenced in twelve extra acres...

Question 20

Explain why we need priority statutes for title to property.

Accepted Answer

The answer of Explain why we need priority statutes for...

Quiz 14: Methods of Transfer and Conveyance in Real Estate

What is required to establish undue influence in attempting to set aside a property transfer?

Which of the following is not a warranty given under a general warranty deed?

​Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?

​The following sequence of events has occurred: Day 1 - O conveys to A Day 2 - O conveys to B (bfp) Day 3 - B conveys to C (bfp) Day 4 - C records Day 5 - A records Who has title? (Determine title for all three types of recording jurisdiction.)

Ralph has fenced in twelve extra acres of land on his farm. He did so because of a mistake in the boundary survey. Ralph has planted the twelve acres every other year for 22 years. Discuss Ralph's rights.

Explain why we need priority statutes for title to property.

Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?

The following sequence of events has occurred: Day 1 - O conveys to A Day 2 - O conveys to B (bfp) Day 3 - B conveys to C (bfp) Day 4 - C records Day 5 - A records Who has title? (Determine title for all three types of recording jurisdiction.)