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41 Cards in this Set
- Front
- Back
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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. None of the above |
a. Warranty deed
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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 |
b. B
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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 |
b. B
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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 With reference to #3, under a race notice statute, who has title? a. A b. B c. C |
a. A
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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. None of the above |
b. Is required for a valid conveyance by deed
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For adverse possession, which of the following is not required?
a. Open and notorious use b. Exclusive possession c. Permissive use d. All of the above are required |
c. Permissive use
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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 |
d. Possession for the prescriptive period
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Establishing undue influence requires
a. Proof of lack of mental capacity b. Proof of a confidential relationship c. Proof of a fiduciary relationship d. None of the above |
b. Proof of a confidential relationship
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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. None of the above |
a. The grantor must have the intent to deliver
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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. None of the above |
d. None of the above
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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. None of the above |
b. In the time periods for the warranty protections
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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. None of the above |
a. The first purchaser to record wins title
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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 e. None of the above |
b. Special warranty deed
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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 e. None of the above |
b. Is organized in alphabetical order of both grantor and grantee name
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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. None of the above |
a. The deed is a quitclaim deed
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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. None of the above |
c. Occurs when a third party is involved in delivery
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17. 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. None of the above |
d. None of the above
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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. All of the above are excluded |
c. Prescriptive easement
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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 |
b. B
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20. With reference to #19, under a notice statute, who has title?
a. A b. B c. C |
c. C
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With reference to #19, under a race-notice statute, who has title?
a. A b. B c. C |
a. A
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Which deed provides the highest degree of title protection?
a. Quitclaim b. Bargain and sale c. Special warranty d. Warranty |
c. Special warranty
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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 |
d. Has acquired title by adverse possession
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Which of the following is not a requirement for a valid deed?
a. Purchase price b. Description c. Writing d. Signature of grantor |
a. Purchase price
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A title insurance policy
a. Protects against title issues developing after the policy is issued b. Protects against a recorded easement overlooked in a title search c. Provides no protection for prescriptive easements d. Protects against zoning issues |
b. Protects against a recorded easement overlooked in a title search
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William Small purchased three lots located in the El Encanto subdivision in Tucson, Arizona, from the Mullins. Small had the lots reconfigured so that he could build a certain style and positioned home, but then changed his mind. The plat map still carried the original lot lines. Over the course of 12 years, three homes and two swimming pools along with patio home walls between each of the lots were added. Architects for the homes used the plat maps. The result was that the homes, pool, and walls encroached on the boundary lines of the other lots, according to the legal description Small had put on the deeds. If the adverse possession statute in Arizona is 10 years
a. Small still has title to the original land because the boundary confusion is a mistake b. Those who own the encroaching homes and pools have acquired title c. The use is permissive and does not qualify for adverse possession d. Small needs to be aware of the adverse possession before the 10 years begins to run |
b. Those who own the encroaching homes and pools have acquired title
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Which of the following types of deeds gives the warranty of quiet enjoyment?
a. Warranty b. Special warranty c. Sheriff’s deed d. a and b e. None of the above |
d. a and b
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An acknowledgment on a deed
a. Is a type of warranty b. Is a notary verification c. Cannot be placed on a quitclaim deed d. Is assumed on a warranty deed |
b. Is a notary verification
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August 1, 2009 – Mortgage recorded
January 3, 2010 – Lien recorded January 31, 2010 – Owner conveys to buyer; buyer records These transactions take place in a notice/race state. If the owner defaults on the mortgage, who gets the property? a. The buyer b. The mortgage company c. The owner d. None of the above |
b. The mortgage company
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August 1, 2009 – Mortgage recorded
January 3, 2010 – Lien recorded January 31, 2010 – Owner conveys to buyer; buyer records b 30. With regard to #29, suppose on February 11, 2010, the owner conveys to buyer 2. Assume buyer 1 does not record. If the owner defaults, who gets the property? a. The buyer b. The mortgage company c. The owner d. None of the above |
b. The mortgage company
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Which of the following would not be an example of a confidential relationship for purposes of establishing undue influence?
a. Broker and agent b. Priest and parishioner c. Lawyer and client d. Elderly parent and a child |
a. Broker and agent
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Questions #32 – #35 are based on the following summary of transfers and recording.
Day 1 0 → A Day 2 0 → B (bfp) Day 3 B records Day 4 A records In a race state, who would take title to the property? a. A b. B |
b. B
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Day 1 0 → A
Day 2 0 → B (bfp) Day 3 B records Day 4 A records In a race/notice state, who would take title to the property? a. A b. B |
b. B
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Day 1 0 → A
Day 2 0 → B (bfp) Day 3 B records Day 4 A records In a notice state, who would take title to the property? a. A b. B |
b. B
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Suppose that A recorded on Day 1, in a race state, who would take title?
a. A b. B |
a. A
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An identity sheet is used
a. To compare criminal records of grantors b. To reconcile different spellings of names or names with middle initials in the chain of title c. When there is a dispute over the physical identification of the grantor d. When there are issues of adverse possession associated with a tract of land |
b. To reconcile different spellings of names or names with middle initials in the chain of title
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What document do most title companies require when a corporation is selling property to another?
a. A copy of the corporation’s bylaws b. The corporation’s registration with the Securities Exchange Commission c. A board resolution d. All of the above are generally required |
c. A board resolution
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Grant Woods conveys a tract of land to Dee Dee Fitzpatrick. Dee Dee does not record her deed. Grant then conveys the same tract of land to Joe Arpaio, who also does not record his deed, but Joe is unaware of Dee Dee’s acquisition. Then Grant conveys the same property to Larry Davis who knows about Dee Dee and Joe but records his deed. Who has title to the property under a race state statute?
a. Grant b. Dee Dee c. Joe d. Larry |
d. Larry
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With reference to #38, who has title under a notice state statute?
a. Grant b. Dee Dee c. Joe d. Larry |
c. Joe
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40. With reference to #38, who has title under a race/notice statute?
a. Grant b. Dee Dee, if she records before Joe c. Joe d. Larry |
b. Dee Dee, if she records before Joe
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Which of the following is a defect in marketable title to real property?
a. Recorded zoning restrictions b. Recorded easements disclosed in the listing agreement and contract c. A pending lawsuit against the seller d. Unrecorded easement |
d. Unrecorded easement
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