REP Chapter 3 Connect
The habendum clause defines or limits the type of interest being conveyed. The legal tradition recognizes certain words and phrases as signals of various real property interests. For example, the use of the phrase, "as long as," can communicate which of the following types of interests? A. conditional fee with reverter B. tenancy for years C. fee simple absolute D. easement
A. conditional fee with reverter
While the vast majority of conveyances of real property are private grants through a deed, there are multiple ways in which voluntary conveyance can occur without a deed. Which of the following types of easements can occur if a landowner gives an adjacent landowner permission to depend on her land? (E.g. A landowner may give a neighbor permission to rely on sewer access or drainage across his or her land.) A. easement by estoppel B. easement by prior use C. easement of necessity D. dedication
A. easement by estoppel
Considered a "questionable conveyance of title" by most courts, which of the following types of deeds is worded to imply no claim of title, but rather only conveys what interest the grantor actually has? (Hint: This type of deed may be used by a developer to convey certain lands of a subdivision to the local government through dedication.) A. quitclaim deed B. general warranty deed C. deed of bargain and sale D. special warranty deed
A. quitclaim deed
The description of land in a deed must be unambiguous. All of the following would be considered acceptable legal descriptions of land except: A. street address. B. metes and bounds. C. government rectangular survey. D. subdivision plat lot and block number.
A. street address.
An owner of land may involuntarily and unknowingly give up the rights to land. When a fee simple interest is conveyed to a new owner without a deed and without the consent or knowledge of the original owner, this is said to be conveyed by: A. prescription. B. adverse possession. C. reliction. D. accretion.
B. adverse possession.
In creating evidence of title, a title search attempts to identify the sequence of conveyances passing ownership down through time. This sequence is more commonly referred to as the: A. title commitment. B. chain of title. C. root of title. D. title abstract.
B. chain of title.
When a landowner subdivides land in a way that causes a parcel to be landlocked, it is possible for property to be voluntarily conveyed without a deed. If the landlocked parcel has no prior path of access, which of the following types of easements will automatically be created to make the land useful? A. dedication B. easement of necessity C. easement by estoppel D. easement by prior use
B. easement of necessity
A deed is a special form of written contract used to convey a permanent interest in real property. Unlike most contracts, a deed requires: A. only the grantee to be legally competent and of legal majority age. B. only the grantor to be legally competent and of legal majority age. C. both parties to make promises to perform. D. both parties to be legally competent and of legal majority age.
B. only the grantor to be legally competent and of legal majority age.
Unlike other forms of evidence of title, title insurance guards the grantee against certain risks. However, there are a number of important limits to title insurance. Which of the following is an example of the limits to title insurance? A. It does not protect a grantee against the legal costs of defending the title. B. It does not protect against legal attack on the owner's title arising from a claim that diminishes the owner's rights of use. C. It does not protect the grantee from the threat of physical damage to the property. D. It does not protect a grantee against loss of the property in case of an unsuccessful title defense.
C. It does not protect the grantee from the threat of physical damage to the property.
Although deeds can only deliver what a grantor actually owns, they can still vary in quality. Which of the following types of deeds is considered to be the highest quality because it contains the full set of legal promises the grantor can make? A. special warranty deed B. deed of bargain and sale C. general warranty deed D. quitclaim deed
C. general warranty deed
Consider the following excerpt from a sample deed: "The Seller covenants with The Buyer that it has a good right to convey, that the property is free from all encumbrances, and that it forever warrants to defend all of the property so granted to The Buyer against every person lawfully claiming the same." Based on your understanding of the relation between a deed's covenants and the type of deed being conveyed, which type of deed is being conveyed in the statement above? A. deed of bargain and sale B. quitclaim deed C. general warranty deed D. special warranty deed
C. general warranty deed
A contract for sale of real estate usually calls for the seller to provide evidence of title as a requisite to completing the sale. Today, the predominant medium through which a seller meets this requirement is by providing: A. only a title abstract. B. only an attorney's opinion of title. C. only a title insurance commitment. D. only a seller's disclosure
C. only a title insurance commitment.
One of the most important requirements of a land description is for it to be unambiguous. Which of the following methods of property description is the most unambiguous and is appropriate for use in legal documents? A. tax parcel number B. street address C. reference to prominent features of the land (e.g., monuments, river banks, roads) D. metes and bounds
D. metes and bounds