Real Estate 11 Chapter 2
Intention of the grantor A deed is not considered to have been delivered If there was never intent for it to be done so by the grantor. A stolen deed would not be considered a valid deed.
Effective delivery of a deed depends upon the:
Property has reverted to the State Escheat is the formal process in which property left by an individual who has no heirs or will passes to the state
Escheat is a legal term meaning:
Sell your interest in the property A joint tenant may sell or give away his interest in the property but is not permitted to will it.
If you hold title to property in joint tenancy with another or others, you may:
Delivered Before a deed can transfer t!fie is must be delivered. It need not be recorded or acknowledged. (However, when deeds are recorded they must be acknowledged.)
In order for a deed to transfer title it must be:
Sole ownership by one person The word "severalty" means one. Severalty ownership would mean sole ownership as in "severed" or separate from any others.
Severalty ownership of real estate means:
A quitclaim deed There are no expressed or implied warranties In a quitclaim deed.
The deed which transfers title to real property but contains no express or implied warranty is:
Accretion
The gradual and imperceptible accumulation of soil on property bordering a stream or river is known as :
Survivorship The key characteristic is survivorshIp, An undivided interest and the equal right of possession exists In other types of co-ownership.
The most distinguishing characteristic of a joint tenancy holding is:
Possession Each party involved in a tenancy in common has an equal right of possession.
The one unity held with the other co-owner(s) in a tenancy in common relationship is:
A devisee The party receiving real property under the terms of the wit\ is known as a devisee and the real property received is known as a devise.
The person who acquires real property under the terms of a will is known as:
Escheat
The reverting of property to the State after five years for lack of heirs, is known as:
Grantor Since the deed is signed by the grantor he or she is the only one that can declare before the notary, that they signed the deed in the first place,
The signature on a deed is acknowledged by the:
Possession, title, interest and time The four unities required under a joint tenancy are: Time, title, Interest and possession. (not necessarily stated in that order)
The unities that are necessary to create a joint tenancy relationship in the ownership of real property are:
A quiet title action To settle any question as to ownership between the adverse possessor and the former owner, a quiet title court action is usually required.
Title to real property acquired by adverse possession is usually perfected by:
Sufferance The term "sufferance" refers to a tenant who lawfully went into possession of property and retains it unlawfully at the end of the tenancy. Tltle does not transfer by sufferance,
Under California law, title to real property can be transferred in all of the following ways except by: A. Succession B. Accession C. Sufferance D. Deed
Holographic will A holographic will is one in which the signature and the material provisions are in the handwriting of the maker
A will in which the signature and the material provisions of the will are in the handwriting of the maker, is called a:
A husband and wife Community property is that property owned by husband and wife
Community property is property owned by:
½ of the community property Since a marrred woman owns one half of the community property, she is permitted to will that one half to anyone that she may desire.
A married woman can will:
Was a deceased person Real property cannot be deeded to a deceased person. If the grantee is not living at the time of the grant, the deed is void.
A deed would be void and invalid if the grantee:
A creditor of the grantor If it can be shown that the grantor gave away the property to avold paying the creditors, the creditors can have the gift deed set aside.
A gift deed that has been delivered and recorded could be set aside or voided by: