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25 Cards in this Set
- Front
- Back
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The City of Oldsmar wishes to take private property for the construction of a fire station. The city may acquire title in this situation by
A. condemnation. B. adverse possession. C. escheat to the city. D. filing a property tax lien. |
A. condemnation.
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Title to real property legally transfers from grantor to grantee when the
A. deed is signed. B. deed is recorded. C. deed is voluntarily delivered and accepted. D. proper amount of tax is paid on the deed. |
C. deed is voluntarily delivered and accepted.
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Courts at various levels have ruled that
A. constructive notice is superior to actual notice. B. actual notice is superior to constructive notice. C. neither constructive notice nor actual notice is required. D. constructive notice and actual notice have equal legal priority. |
D. constructive notice and actual notice have equal legal priority.
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A 92-year-old man is being forced from his home because of a governmental taking. The home has been in his family for four generations. What recourse, if any, does he have?
A. He can file an injunction to stop the taking. B. He can pay the delinquent property taxes to prevent the foreclosure. C. He may request a condemnation proceeding to protest the amount of compensation being offered by the governmental body. D. He may do all of the above. |
C. He may request a condemnation proceeding to protest the amount of compensation being offered by the governmental body.
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For a deed to be valid, a competent
A. grantor, grantee, and two witnesses must sign the instrument. B. grantor and two witnesses must sign the instrument. C. grantee and two witnesses must sign the instrument. D. grantee only must sign the instrument. |
B. grantor and two witnesses must sign the instrument.
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The type or form of deed most commonly used to clear clouds on the title of real property is the
A. general warranty deed. B. special warranty deed. C. bargain and sale deed. D. quitclaim deed. |
D. quitclaim deed.
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If the sale contract does not specify the type of deed to be delivered, the seller is required to provide a
A. general warranty deed. B. special warranty deed. C. bargain and sale deed. D. quitclaim deed. |
A. general warranty deed.
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The process of taking property under the power of eminent domain is called
A. escheat B. foreclosure. C. condemnation. D. voluntary alienation. |
C. condemnation.
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The type of deed in which the grantor does not warrant the title in any manner except against his or her acts or the acts of his or her representatives is called a
A. general warranty deed. B. special warranty deed. C. bargain and sale deed. D. quitclaim deed. |
B. special warranty deed.
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The covenant against encumbrances in a deed is designed to guarantee that the
A. grantor has not encumbered the property in any manner except as noted on the deed. B. grantee is responsible for any unpaid encumbrances. C. grantee has not encumbered the property. D. grantor will not encumber the property. |
A. grantor has not encumbered the property in any manner except as noted on the deed.
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The purpose of recording a deed is to
A. comply with real estate license law. B. effect the transfer of ownership. C. give actual notice of ownership. D. give constructive notice of ownership. |
D. give constructive notice of ownership.
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A valid instrument of conveyance of real property must be
A. recorded. B. signed by a competent grantor. C. signed by a competent grantee. D. notarized. |
B. signed by a competent grantor.
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The seisin clause in a deed specifies
A. the type of estate being conveyed. B. the improvements being transferred with the land. C. the rights reserved by the grantor. D. that the grantor actually owns the property and has the right to sell it. |
D. that the grantor actually owns the property and has the right to sell it.
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The deed that contains the covenant in which the grantor guarantees that he or she will forever be responsible for warranting title and will defend the title and possession is a
A. general warranty deed. B. special warranty deed. C. public patent deed. D. bargain and sale deed. |
A. general warranty deed.
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The provision in a deed that names the parties and contains the granting clause is the
A. premises. B. encumbrance clause. C. habendum clause. D. seisin clause. |
A. premises.
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An owner placed a condition in the deed that stipulated that a commercial building could not be erected on the property until at least the year 2010. This is an example of
A. police power. B. a deed restriction. C. involuntary alienation. D. governmental restriction on ownership. |
B. a deed restriction.
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An example of an encumbrance on title to real property is
A. an easement. B. a deed restriction. C. a lien. D. All of the above apply. |
D. All of the above apply.
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When a lis pendens is filed properly with the county clerk, it becomes a type of
A. attachment on the subject property. B. vendor's lien. C. constructive notice. D. easement by prescription. |
C. constructive notice.
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Which lien is first in priority?
A. A property tax lien effective on January 1, 2004 B. A special assessment lien certified on December 31, 2003 C. A first mortgage lien filed on July 15, 2004 D. A construction lien filed on November 30, 2003 |
A. A property tax lien effective on January 1, 2004
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The complete successive history of a parcel, from the time it was conveyed from a government to a private owner to today, is referred to as
A. an abstract of title. B. title insurance. C. warranty forever. D. a chain of title. |
D. a chain of title.
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Mr. and Mrs. Lee signed a contract to purchase a home in a residential subdivision. When the Lees had the lot surveyed before closing, they discovered that the contractor had built the neighbor's garage three inches inside the west boundary of their lot. The garage in its present location is an example of a(n)
A. deed restriction. B. easement by prescription. C. implied easement. D. encroachment. |
D. encroachment.
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When a pathway to a property has been used continuously and without interruption for more than 20 years, it creates an
A. implied easement. B. encroachment. C. alienation by adverse possession. D. easement by prescription. |
D. easement by prescription.
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Soon after Michael's death a deed was discovered behind a brick in the basement wall of his home. The deed is for Michael's home and it deeded the property to a charitable organization. Michael is survived by his son Andrew, who discovered the deed. Michael died intestate. Based on this information, the house belongs to the
A. state because Michael died intestate. B. charitable organization because the deed conveyed ownership to it. C. legal heir because the deed was never delivered and accepted. D. legal heir because the deed was not signed by the grantee. |
C. legal heir because the deed was never delivered and accepted.
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The owner's title insurance policy is
A. issued for an amount no greater than the purchase price of the property and is transferable. B. issued for an amount no greater than the purchase price of the property and is not transferable. C. a separate policy for the amount of the unpaid balance of the mortgage and is transferable. D. a separate policy for the amount of the unpaid balance of the mortgage and is not transferable. |
B. issued for an amount no greater than the purchase price of the property and is not transferable.
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Which statement concerning easements is FALSE?
A. An easement is a right to use an owner's property for a specific use. B. An easement is a nonpossessory interest. C. An easement is unauthorized use of an owner's property. D. An easement is a type of encumbrance. |
C. An easement is unauthorized use of an owner's property.
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