Chapter 8 Property Law

Title insurance:

binds the title company to insure that the title is as declared in the conveyance from the grantor to the grantee

The most common way in which to transfer ownership interests (title) in property is through a legal document known as:

deed

A quitclaim deed is:

a deed of conveyance that passes whatever interests the grantor had in the property

Warranty deed:

a deed that promises that a good, clear title to the property is being conveyed by the grantor

A special warranty deed is:

a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor

What is not a servitude:

a life estate

Covenant is:

agreement attached to a piece of land that "runs" with the land

A burden on another person's estate is an:

easement

Most common form of real property ownership:

fee simple

Eminent domain means

government may force the sale of private property

Deeds do what:

identify original owner, describe the land, identify new owner, and state that ownership is being transferred

In a tort action for trespass to land the:

intruder is not excused even if mistakes about the right to enter on the land

Real property differs from personal property in that real property:

is immovable while personal property is movable

Unlike real property, personal property:

is movable

Characteristics of adverse possession:

it is hostile use of another person's land; the adverse user has no legal right to occupy the land; use of land is exclusive; possession of land is continuous

A clear title means that:

no other person can claim valid ownership of the property

Real property includes:

oil, land, trees, buildings

Conditions needed to establish adverse possession:

open, actual, exclusive, & hostile

A person may use which of the following as a defense to the tort of trespass on land:

protecting the property from damage

Title recordings provide:

public record of who owns what and of limitations or claims on titles.

Land, since it is immovable, is an example of:

real property

Examples of a form of tenancy:

tenancy in common; joint tenancy; tenancy by entirely

Among the rights and duties of a landlord are:

the duty to make essential repairs

The right of possession of the property and the right to exclude others from the use of the property are two examples of rights normally possessed by:

the holder of title to the property

Unlike in most countries, subsurface mineral rights in the United States often belong to:

the landowner

Property is:

the legally protected expectation of being able to use a thing for one's advantage

An easement is:

the right to enter land owned by another and make certain use of it.

The formal right of ownership of property is:

the title

Property interests are people's right:

to deny others the use of "things" in which there is a legal interest

When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as:

tort against property

Private and public nuisances are:

two kinds of assaults recognized by the law of torts

A tenancy in common is one in which:

two or more persons have equal interests in the property with no right of survivorship

A joint tenancy is one in which:

two or more persons have equal interests in the property with rights of joint survivorship

A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title is a(n):

warranty deed