Question 1

The covenants in a deed are the most important differences among types of deeds.Which of the following covenants promises that the grantor truly has good title and the right to convey it?
A)Covenant of seizin
B)Covenant against encumbrances
C)Covenant of quiet enjoyment
D)Exceptions and reservation clause

Accepted Answer

The covenant of seizin promises that the grantor truly has good title and the right to convey it.

Question 2

While several kinds of real property conveyances result from events beyond the control of the grantor,the majority of conveyances are voluntary through a deed.Which of the following is an example of a voluntary conveyance of real property with a deed?
A)Patent
B)Probate
C)Condemnation
D)Implied Easement

Accepted Answer

A patent is an example of a voluntary conveyance of real property with a deed, typically issued by the government to transfer public lands to private ownership.

Question 3

At the death of a property owner,property will convey either in accordance with a will or without a will.If a will dictates the distribution of the decedent's real property,the property is said to be conveyed by:
A)patent
B)devise
C)the law of descent
D)dedication

Accepted Answer

When a will dictates the distribution of a deceased property owner's real property, the property is said to be conveyed by devise.

Question 4

A deed is a special form of written contract used to convey a permanent interest in real property.Unlike most contracts,a deed requires:
A)both parties to be legally competent and of legal majority age.
B)only the grantee to be legally competent and of legal majority age.
C)only the grantor to be legally competent and of legal majority age.
D)both parties to make promises to perform.

Accepted Answer

A deed is a legal document used to transfer ownership of real estate from one person or entity to another. It requires the grantor, the person transferring the property, to be legally competent and of legal majority age. The grantee, the person receiving the property, does not need to be legally competent or of legal majority age to receive the property. There are no promises to perform required in a deed; it is simply a transfer of ownership.

Question 5

Which of the following clauses contained in a deed defines or limits the type of interest being conveyed?
A)Recital of consideration
B)Words of conveyance
C)Covenant
D)Habendum clause

Accepted Answer

The habendum clause defines or limits the type of interest being conveyed, specifying the duration and extent of the ownership interest. The recital of consideration describes the price or value exchanged for the conveyance, the words of conveyance indicate the transfer of title or interest, and the covenant creates promises or obligations related to the property.

Question 6

A law requiring any contract conveying a real property interest to be in writing in order to be enforceable is a modern application of the:
A)Statute of Frauds
B)doctrine of constructive notice
C)habendum clause
D)actual notice

Accepted Answer

The Statute of Frauds is a legal doctrine that requires certain contracts to be in writing in order to be enforceable. One such contract is a contract conveying a real property interest, which must be in writing in order to be enforceable in court. This requirement is a modern application of the Statute of Frauds.

Question 7

A contract for sale of real estate usually calls for the seller to provide evidence of title as a requisite to completing the sale.Today,the predominant medium through which a seller meets this requirement is by providing:
A)only a title abstract.
B)only an attorney's opinion of title.
C)only a title insurance commitment.
D)only a Torrens certificate.

Accepted Answer

A title insurance commitment is the most common form of evidence of title used in current real estate transactions, as it offers protection to both the buyer and seller in case any issues arise with the title down the line. An abstract of title or attorney's opinion are other forms of evidence that can be provided, but they do not offer the same level of protection as title insurance. A Torrens certificate is a form of proof of ownership used in certain states, but it is not commonly used in all real estate transactions.

Question 8

Most often used in the description of urban property,which of the following methods of land description contains information regarding the location of various easements and may even contain a list of restrictive covenants?
A)metes and bounds
B)subdivision plat lot and block number
C)government rectangular survey
D)tax parcel number

Accepted Answer

Subdivision plat lot and block number contains information about easements and restrictive covenants as they are typically recorded as part of the subdivision plat. Metes and bounds may include some information on easements but it is not as common as in the subdivision plat. Government rectangular survey does not contain information on easements or restrictive covenants. Tax parcel number is simply a number used by the tax assessor to identify a particular parcel and does not contain any information on easements or restrictive covenants.

Question 9

Once a document conveying an interest in real property is placed in the public records it is binding on the public,whether or not they make an effort to learn of it.Based on the common law tradition,this policy is known as the:
A)Statute of Frauds
B)doctrine of constructive notice
C)habendum clause
D)actual notice

Accepted Answer

The doctrine of constructive notice is a common law tradition that states any document conveying an interest in real property that is placed in the public records is binding on the public, even if they do not make an effort to learn of it. This means that anyone who purchases the property or has an interest in it is considered to have constructive notice of any documents recorded in the public records. The Statute of Frauds refers to the requirement that certain contracts, including those related to real estate, be in writing to be enforceable. The habendum clause is a section in a deed that sets forth the type of interest being conveyed. Actual notice refers to a situation where a person has direct knowledge of a particular fact or agreement.

Question 10

An owner of land may involuntarily and unknowingly give up the rights to land.When a fee simple interest is conveyed to a new owner without a deed and without the consent or knowledge of the original owner,this is said to be conveyed by:
A)Prescription
B)Adverse possession
C)Accretion
D)Reliction

Accepted Answer

This situation describes adverse possession, which occurs when someone takes possession of another person's property without permission and for a certain period of time. This can result in the original owner losing their rights to the property.

Question 11

Recognizing that only recent conveyances alter the status of title,states have established laws that set limits on how far back a title search must go.These laws are commonly referred to as:
A)Statute of Frauds
B)recording statutes
C)encroachments
D)marketable title laws

Accepted Answer

Marketable title laws set limits on how far back a title search must go, recognizing only recent conveyances that alter the status of title. The other options are not related to this concept - Statute of Frauds deals with the legal requirement for certain contracts to be in writing, recording statutes require certain real estate transfers to be recorded in order to be valid, and encroachments refer to a situation where a building or property extends beyond the boundary lines of the owner's property.

Question 12

When a landowner subdivides land in a way that causes a parcel to be landlocked,it is possible for property to be voluntarily conveyed without a deed.If the landlocked parcel has no prior path of access,which of the following types of easements will automatically be created to make the land useful?
A)Easement by prior use
B)Easement of necessity
C)Easement by estoppel
D)Dedication

Accepted Answer

When a parcel of land is landlocked and has no prior path of access, an easement by necessity will automatically be created to provide access to the landlocked parcel. This easement is created by law and is not dependent on any prior use or agreement between the parties involved.

Question 13

Although deeds can only deliver what a grantor actually owns,they can still vary in "quality." Which of the following types of deeds is considered to be the "highest quality" because it contains the full set of legal promises the grantor can make?
A)General warranty deed
B)Special warranty deed
C)Deed of bargain and sale
D)Quitclaim deed

Accepted Answer

A general warranty deed is considered to be the "highest quality" because it contains the full set of legal promises the grantor can make, including promises that they own the property, have the right to sell it, and will defend the buyer against any claims of ownership by third parties. A special warranty deed only offers limited warranties, typically relating to the time the grantor owned the property, and a deed of bargain and sale only conveys the property without making any warranties or promises. A quitclaim deed provides no warranties at all and simply transfers any interest the grantor may have in the property to the buyer.

Question 14

The most flexible method of land description,capable of describing even the most irregular of parcels,can be described as a very precise,compass-directed walk around the boundary of a parcel.This method is commonly referred to as:
A)metes and bounds
B)subdivision plat lot and block number
C)government rectangular survey
D)tax parcel number

Accepted Answer

Metes and bounds is a method of land description that relies on a precise description of the boundaries of a parcel using physical features and compass directions. It is the most flexible method and can accommodate irregularly shaped parcels. The other options listed are not as precise or flexible for describing the boundary of a parcel.

Question 15

Unlike other forms of evidence of title,title insurance guards the grantee against certain risks.However,there are a number of important limits to title insurance.Which of the following is an example of the limits to title insurance?
A)It does not protect the grantee from the threat of physical damage to the property.
B)It does not protect a grantee against the legal costs of defending the title.
C)It does not protect a grantee against loss of the property in case of an unsuccessful title defense.
D)It does not protect against legal attack on the owner's title arising from a claim that diminishes the owner's rights of use.

Accepted Answer

Title insurance does not protect against physical damage to the property, such as fire or natural disasters.

Question 16

While the vast majority of conveyances of real property are private grants through a deed,there are multiple ways in which voluntary conveyance can occur without a deed.Which of the following types of easements can occur if a landowner gives an adjacent landowner permission to depend on her land? (E.g.A landowner may give a neighbor permission to rely on sewer access or drainage across his or her land. )
A)Easement by prior use
B)Easement of necessity
C)Easement by estoppel
D)Dedication

Accepted Answer

An easement by estoppel occurs when a landowner leads another to believe they have a right to use their land and that other party relies on that belief to their detriment. In this case, if a landowner gives permission to a neighbor to rely on their land for access to sewer or drainage, they may be estopped from revoking that permission in the future.

Question 17

Considered a "questionable conveyance of title" by most courts,which of the following types of deeds is worded to imply no claim of title,but rather only convey what interest the grantor actually has? (Hint: This type of deed may be used by a developer to convey certain lands of a subdivision to the local government through dedication. )
A)General warranty deed
B)Special warranty deed
C)Deed of bargain and sale
D)Quitclaim deed

Accepted Answer

A quitclaim deed is worded to imply no claim of title and only conveys what interest the grantor actually has. This type of deed is often used for transfers where there may be doubts about the grantor's ownership or where the grantor wants to clear up any potential issues with the title. It is considered a "questionable conveyance of title" by most courts since it does not provide any warranties or guarantees on the title like other types of deeds.

Question 18

Initially used to survey the Old Northwest Territory (Ohio,Indiana,Illinois,and Michigan)in 1789,which of the following methods of land description relies on townships and section numbers as essential units of identification?
A)metes and bounds
B)subdivision plat lot and block number
C)government rectangular survey
D)tax parcel number

Accepted Answer

The government rectangular survey, also known as the Public Land Survey System (PLSS), is the method of land description that relies on townships and section numbers as essential units of identification. This system was originally developed to survey and divide up the land in the Old Northwest Territory in 1789, and it is still used in many parts of the United States today. Metes and bounds is a more traditional method that relies on natural features and distances to describe land boundaries, while subdivision plat lot and block numbers and tax parcel numbers are specific to subdivisions and property tax assessments, respectively.

Question 19

One of the most important requirements of a land description is for it to be unambiguous.Which of the following methods of property description is the most unambiguous and is appropriate for use in legal documents?
A)Street Address
B)Tax parcel number
C)Reference to prominent features of the land (e.g.monuments,river banks,roads)
D)Metes and bounds

Accepted Answer

Metes and bounds is the most unambiguous method of property description as it uses precise measurements and directions to define the boundaries of a property. This method is often used in legal documents and provides a detailed and accurate description of the property.

Question 20

The type of deed offered by the grantor is communicated through a phrase such as "does herby grant,bargain,sell and convey unto ..." This clause is referred to as the:
A)recital of consideration
B)words of conveyance
C)covenant
D)habendum clause

Accepted Answer

The phrase "does herby grant,bargain,sell and convey" is part of the words of conveyance, which are used to transfer ownership of the property from the grantor to the grantee. The recital of consideration is a clause that identifies the amount of money or other consideration paid for the property, the covenant is a promise or guarantee made by one party to another, and the habendum clause identifies the ownership interest being conveyed. None of these clauses specifically communicate the type of deed being offered.

Quiz 3: Conveying Real Property Interests

The covenants in a deed are the most important differences among types of deeds.Which of the following covenants promises that the grantor truly has good title and the right to convey it?

While several kinds of real property conveyances result from events beyond the control of the grantor,the majority of conveyances are voluntary through a deed.Which of the following is an example of a voluntary conveyance of real property with a deed?

At the death of a property owner,property will convey either in accordance with a will or without a will.If a will dictates the distribution of the decedent's real property,the property is said to be conveyed by:

A deed is a special form of written contract used to convey a permanent interest in real property.Unlike most contracts,a deed requires:

Which of the following clauses contained in a deed defines or limits the type of interest being conveyed?

A law requiring any contract conveying a real property interest to be in writing in order to be enforceable is a modern application of the:

A contract for sale of real estate usually calls for the seller to provide evidence of title as a requisite to completing the sale.Today,the predominant medium through which a seller meets this requirement is by providing:

Most often used in the description of urban property,which of the following methods of land description contains information regarding the location of various easements and may even contain a list of restrictive covenants?

Once a document conveying an interest in real property is placed in the public records it is binding on the public,whether or not they make an effort to learn of it.Based on the common law tradition,this policy is known as the:

An owner of land may involuntarily and unknowingly give up the rights to land.When a fee simple interest is conveyed to a new owner without a deed and without the consent or knowledge of the original owner,this is said to be conveyed by:

Recognizing that only recent conveyances alter the status of title,states have established laws that set limits on how far back a title search must go.These laws are commonly referred to as:

When a landowner subdivides land in a way that causes a parcel to be landlocked,it is possible for property to be voluntarily conveyed without a deed.If the landlocked parcel has no prior path of access,which of the following types of easements will automatically be created to make the land useful?

Although deeds can only deliver what a grantor actually owns,they can still vary in "quality." Which of the following types of deeds is considered to be the "highest quality" because it contains the full set of legal promises the grantor can make?

The most flexible method of land description,capable of describing even the most irregular of parcels,can be described as a very precise,compass-directed walk around the boundary of a parcel.This method is commonly referred to as:

Unlike other forms of evidence of title,title insurance guards the grantee against certain risks.However,there are a number of important limits to title insurance.Which of the following is an example of the limits to title insurance?

Initially used to survey the Old Northwest Territory (Ohio,Indiana,Illinois,and Michigan) in 1789,which of the following methods of land description relies on townships and section numbers as essential units of identification?

One of the most important requirements of a land description is for it to be unambiguous.Which of the following methods of property description is the most unambiguous and is appropriate for use in legal documents?

The type of deed offered by the grantor is communicated through a phrase such as "does herby grant,bargain,sell and convey unto ..." This clause is referred to as the: