Chapter 2 - 9

A notary public witnesses an acknowledgement. a. True b. False

a. True

Soil from Smith's land is washed down and deposited on Brown's property. Who owns the soil? a. Smith. b. Brown. c. The state d. The city or county in which the property is located.

b. Brown.

If a developer donates some land in a new subdivision to the city for use as a school, the developer has: a. Given the city a patent. b. Dedicated land to the city. c. Devised land to the city. d. Demised land to the city.

b. Dedicated land to the city.

A nuncupative will is a handwritten will. a. True b. False

b. False

If a person dies intestate leaving real property as part of her estate, her heirs will acquire title according to: a. a formal will. b. the law of descent and distribution. c. escheat. d. an administrator.

b. the law of descent and distribution.

A deed which is used to convey property from the US government to an individual would be a: a. Trust deed. b. General warranty deed. c. Patent deed. d. Quitclaim deed.

c. Patent deed.

Pete purchased a home from Tony. He did not record his deed, but took immediate possession. Tony died a few months later and according to the terms of his will, the property was to go to his nephew, Bob. Bob knew his friend Angela was interested in buying a house. They went and inspected the property and Angela agreed to buy it, and later recorded her deed. Who owns the property? a. Angela, because she recorded the deed. b. Bob, because he must wait 18 months before he can sell the property. c. Pete, by virtue of the purchase from Tony. d. The state, because the will conveyed property that Tony no longer owned.

c. Pete, by virtue of the purchase from Tony.

The covenant in a deed which guarantees to the grantee that no one has any other interest in the property, that will disturb the grantee's possession of the property, is known as the: a. The covenant of further assurance. b. The covenant against encumbrances. c. The covenant of quiet enjoyment. d. The covenant of seizen.

c. The covenant of quiet enjoyment.

The donation of real estate for public use is: a. reverse condemnation. b. eminent domain. c. dedication. d. escheat.

c. dedication.

Jennings decided she will acquire title to a piece of unused land by adverse possession. In order to do this, Jennings' occupancy of the land must be: a. Hostile to the interest of the true owner. b. Continuous. c. Open and notorious. d. All of these choices.

d. All of these choices.

A quitclaim deed may be used to: a. Transfer ownership of a fee simple estate b. Transfer interest in a life estate c. Terminate an easement d. Any of the above

d. Any of the above

After the statutory period has elapsed, what would a person have to do to formally establish clear title through adverse possession? a. File an estoppel certificate. b. File a warranty deed. c. Apply for a writ of attachment. d. File suit for quiet title.

d. File suit for quiet title.

When conveying property by deed, the seller is referred to as: a. Mortgagee. b. Mortgagor. c. Grantee. d. Grantor.

d. Grantor.

Alienation means... a. foreclosure. b. condemnation. c. quitclaim. d. transfer of property.

d. transfer of property.

A piece of land could be increased in size by which of the following? a. Accretion b. Substitution c. Eminent Domain d. Reconciliation

a. Accretion

A lawsuit filed to formalize title obtain by adverse possession is called a(n): a. Quiet title action. b. Lis pendens. c. Suit for specific performance. d. Quitclaim action

a. Quiet title action.

A deed need only be executed to pass title. a. True b. False

b. False

A deed restriction is when a grantor retains some rights to the land for himself. a. True b. False

b. False

Which type of deed contains the least assurances from the grantor to the grantee? a. Bargain and sale deed. b. Quitclaim deed. c. Special warranty deed. d. General warranty deed.

b. Quitclaim deed.

Quincy sold Ralph a piece of property and transferred title to Ralph by quitclaim deed. Some time later it was determined by a court that Quincy did not own the property. Which of the following is true in this situation? a. Ralph owns the property because the court action was after he bought the property. b. Ralph has no interest in the property. c. Ralph can sue Quincy for misrepresentation. d. The court will order Quincy to return the money to Ralph.

b. Ralph has no interest in the property.

It may be assumed that a deed has been delivered and accepted if it has been: a. Signed. b. Recorded. c. Sealed. d. Notarized.

b. Recorded.

Which of the following is NOT essential for a deed to be valid? a. Signature of the grantor. b. Signature of the grantee. c. Words of conveyance. d. Adequate description of the property.

b. Signature of the grantee.

A special warranty deed would include which of the following covenants? a. A covenant of warranty. b. A covenant of quiet enjoyment. c. A covenant against grantor's acts. d. All of these choices.

c. A covenant against grantor's acts.

Title to real property passes when a deed is: a. Executed. b. Acknowledged. c. Delivered and accepted by the grantee. d. Recorded.

c. Delivered and accepted by the grantee.

All of the following would be considered an involuntary alienation of property EXCEPT: a. Foreclosure. b. Eminent domain. c. Devise. d. Adverse possession.

c. Devise.

When property is conveyed by deed, the buyer is referred to as the: a. Mortgagee b. Mortgagor c. Grantee d. Grantor

c. Grantee

Title to real property is conveyed by deed when: a. signed by the grantor. b. recorded by the grantee. c. delivered and accepted. d. signed by the grantee.

c. delivered and accepted.

If a deed, transferring legal title from one party to another, is NOT recorded in the public records, which of the following statements is correct? a. The deed is valid b. The grantor gives up all rights to the property conveyed c. The transfer is binding on the parties to the deed d. All of these choices

d. All of these choices

In a foreclosure sale, what kind of deed does the mortgagor receive? a. Sheriff's deed. b. Executor's deed. c. Quitclaim deed. d. None of these choices.

d. None of these choices.

In order to examine a recorded deed, which of the following is necessary? a. Written permission of the owner. b. An inquiry notice. c. A court order. d. None of these choices.

d. None of these choices.

Jones died and left a will in which Titus was named to settle Jones' affairs. Titus would be called the estate's... a. administrator. b. testator. c. accountant. d. executor.

d. executor.

The accumulation of soil on an owner's property caused by the movement of water is known as: a. Accretion. b. Riparian. c. Assemblage. d. Annexation.

a. Accretion.

Harry died without leaving a will. The estate went to probate and the court appoint Sally to settle Harry's affairs. Sally would be called the estate's: a. Administrator. b. Testator. c. Accountant. d. Executor.

a. Administrator.

Which of the following is NOT a form of involuntary transfer of property? a. Dedication. b. Adverse possession. c. Sheriffs sale. d. Eminent domain.

a. Dedication.

Upon his death, Mr. Williams left his house to his niece and his furniture to his nephew. The gift to the niece is best described as: a. Devise. b. Bequest. c. Decree. d. Assumption.

a. Devise.

A buyer purchased a tract of land at a tax sale to satisfy the claim for delinquent taxes. If no one redeems the property during the statutory time period, the purchaser would most likely receive which of the following as evidence of ownership? a. Sheriff's deed b. Deed in partition c. Certificate of title d. Statutory warrant deed

a. Sheriff's deed

A deed is given and creates a joint tenancy. To be recorded the deed requires: a. Signature of the grantor. b. Signatures of the grantor and all of the joint tenants. c. Signatures of the grantor and one of the joint tenants. d. No signatures, the act of recording serves as constructive notice of ownership.

a. Signature of the grantor.

A deed must be signed by: a. The grantor. b. The grantee. c. Both the grantor and the grantee. d. Neither the grantor nor the grantee.

a. The grantor.

Davis's son becomes the owner of Davis's land because Davis died without a will. a. The son has received title by descent. b. The son has received title by a cloud. c. The son has received title by an easement. d. The son has received title by a legacy.

a. The son has received title by descent.

If a person has a will but no executor has been named, the court will appoint an administrator. a. True b. False

a. True

Title by accession is involuntary alienation. a. True b. False

a. True

A quitclaim deed conveys only the interest of the... a. grantor. b. claimant. c. quitor. d. property.

a. grantor.

Each of the following is an involuntary method of conveying property EXCEPT: a. quitclaim deed. b. escheat. c. condemnation. d. adverse possession.

a. quitclaim deed.

The covenant whereby one warrants that he is the possessor and owner of property being conveyed is the covenant of: a. seizen. b. habendum. c. possession. d. further assurance.

a. seizen.

A deed is acknowledged by... a. the grantor. b. a notary public. c. the grantee. d. the clerk of the court.

a. the grantor.

Which of the following do NOT need to be recorded? a. A document affecting title to land. b. A month-to-month lease. c. An easement for a fence. d. A deed of trust.

b. A month-to-month lease.

A deed may be recorded once it is signed by the grantor and: a. Signed by the grantee. b. Acknowledged. c. The seller has vacated the property. d. All of these choices are required.

b. Acknowledged.

When the grantor authenticates the he is the owner of the property and that he is conveying title of his own free will, such action is referred to as: a. Authentication. b. Acknowledgment. c. Words of conveyance. d. Habendum.

b. Acknowledgment.

When the grantor of a deed swears that he is conveying title of his own free will, his action is referred to as: a. Execution. b. Acknowledgment. c. Novation. d. Authentication.

b. Acknowledgment.

Joe gives Bill a quitclaim deed to 5 acres of land. A year later a court determines that Joe did not have any interest in the property. Which of the following is true with respect to Bill's interest in the land? a. Bill owns the land since the court action took place after he received the deed from Joe. b. Bill has no interest in the land. c. Bill can win a suit against Joe for misrepresentation. d. The court will order Joe to return Bill's purchase price.

b. Bill has no interest in the land.

All states allow nuncupative and holographic wills. a. True b. False

b. False

Descent and distribution is a form of voluntary alienation. a. True b. False

b. False

The person who makes a will is called an intestate. a. True b. False

b. False

Three people own a piece of property as tenants in common. Two of the owners want to sell the property, but the third party does not. The two owners that want to sell could file a suit, against the third, for: a. Foreclosure b. Partition c. Detachment d. Severance

b. Partition

Three people own a piece of property as tenants in common. Two of the owners want to sell the property, but the third party does not. The two owners that want to sell could file a suit, against the third, for: a. Foreclosure. b. Partition. c. Detachment. d. Severance.

b. Partition.

Pruitt gives Gray a quitclaim deed to a property which Gray has bought. This means that: a. The titles of Pruitt and Gray are merged. b. Pruitt's rights are terminated. c. Pruitt has an easement on the property. d. All deed restrictions, covenants and conditions are terminated.

b. Pruitt's rights are terminated.

Which of the following is NOT essential to the validity of a deed? a. Name and signature of the grantor. b. Recording of the deed. c. Words of conveyance. d. Property description.

b. Recording of the deed.

The act of recording a deed in the public record's office designated for that purpose, results in which of the following? a. Title will pass to the new owner on the date of recording. b. Serves as constructive notice to the public. c. It protects the buyer from encumbrances. d. Serves as actual notice of ownership.

b. Serves as constructive notice to the public.

A quitclaim deed is generally used for which of the following? a. To convey only the fee simple title. b. To remove a cloud on the title. c. To convey the title to property that is transferred by the probating of a will. d. To burden the grantor with liability for defective title.

b. To remove a cloud on the title.

What is the purpose of a deed? a. To provide constructive notice of ownership. b. To transfer an interest in real property. c. To provide warranties to a grantee. d. To record ownership in the public records.

b. To transfer an interest in real property.

Which of the following estates would be subject to probate? a. A person died intestate. b. A person died testate. c. Both a person who died testate and a person who died intestate. d. Neither a person who died testate nor a person who died intestate.

c. Both a person who died testate and a person who died intestate.

Three children are named in their father's will to receive his real property. Each is to receive an equal interest. Collectively, they agree to sell the property and split the proceeds. What should they do? a. File in the testate court. b. Enter an intestate interpleader. c. File the will for probate. d. Locate a broker and put the property on the market.

c. File the will for probate.

Which type of deed creates the most liability for a seller? a. Special warranty deed b. Universal warranty deed c. General warranty deed d. Quitclaim deed

c. General warranty deed

Which of the following deeds creates the greatest liability for the grantor? a. Quitclaim deed. b. Bargain and sale deed. c. General warranty deed. d. Special warranty deed.

c. General warranty deed.

Ima Conman owns a house. He sells his house to Mr. Dupe who pays all cash and agrees not to record the deed and not to move in for six months. A month after the first sale, Mr. Conman then sells the same house to Mr. Clueless, who records the deed and moves into the property. Some months later Mr. Dupe arrives to take possession of the house and discovers Mr. Clueless. If the case gets to court, which of the following is most likely to be true: a. Mr. Dupe will be awarded title since he bought the house before Mr. Clueless. b. The court would order the home sold and the proceeds divided between the 2 claimants. c. Mr. Clueless will obtain title by estoppel. d. Mr. Dupe will obtain title by estoppel.

c. Mr. Clueless will obtain title by estoppel.

Mr. Smith inherits a ranch in the Midwest and without having seen it, wants to sell it. Which is the best deed he can use to convey the ranch with the least liability to himself? a. General warranty. b. Bargain and sale. c. Quitclaim. d. Trustee's deed.

c. Quitclaim.

When would title be transferred by the laws of intestate succession? a. testator has living heirs b. voluntary alienation c. pursuant to descent and distribution d. there is a will

c. pursuant to descent and distribution

A deed in which the grantor protects the grantee only against claims that arise during the time that the grantor owned the property is referred to as a: a. Quitclaim deed. b. Bargain and sale deed. c. General warranty deed. d. Special warranty deed.

d. Special warranty deed.

Title to a property passes when: a. The deed is signed. b. The deed is notarized. c. The deed is recorded. d. The deed is delivered and accepted.

d. The deed is delivered and accepted.

If a seller deposits the deed with an escrow agent but the seller dies before it is delivered to the purchaser, the transfer of title becomes effective on the date the deed was deposited into escrow due to the: a. Parties' consent. b. Law of contracts. c. The parol evidence rule. d. The doctrine of relation-back.

d. The doctrine of relation-back.

The type of deed in which the grantee is given the most protection and in which the grantor retains the most liability is: a. a quitclaim deed. b. a deed of bargain and sale. c. a grant deed. d. a general warranty deed.

d. a general warranty deed.