Chapter 6: Transfer of Rights

In a sale by contract for deed, the buyer

A contract for deed transfers equitable title like any other real estate sales contract. The contract buyer should receive a deed upon completion of the contract terms.

In order to be a valid and enforceable conveyance, there are certain things that must be contained in the deed. Which of the following would be needed?

A granting clause and the signature of the grantor are essential elements of a deed. A date is desirable but not absolutely necessary. Acknowledgment permits the instrument to be recorded.

A quitclaim deed conveys which of the following?

A grantor's interest, if any, in a property.

Betty Barstoule sold a parcel of real estate to Eileen Slightly and gave a quitclaim deed. What is (are) the warranty (warranties) under such a deed?

A quitclaim deed carries no covenant or warranty. It can be useless.

A quitclaim deed provides which of the following warranties?

A quitclaim deed provides no expressed or implied warranties. Its most common use is to clear title.

A quick and violent change in the course of a stream will

A riparian owner generally does not lose title to land by avulsion. The boundary lines stay the same no matter how much soil is lost.

Sam Smooth conveyed a parcel of land by deed to Vera Slick, warranting only against defects in title occurring by, from, or under his ownership of the land. He conveyed by

A special warranty deed-- is one in which the grantors warrant or guarantee the title only against defects arising during the period of their tenure and ownership of the property and not against defects existing before that time.

A executes a deed to B. After A records it, B moves into the property. Later A seeks to set the conveyance aside, claiming that there had been no delivery of the deed. Why will A probably not succeed?

Delivery is presumed by recording.

Four warrants or covenants of a general warranty deed are as listed below. Which one is the covenant of seizin?

Grantor owns property and has good right and power to convey it.

All of the following are essential elements in a valid deed EXCEPT the

Legal description, signature of the grantor and delivery and acceptance are essential to a valid deed. The grantee does not sign a deed.

A deed that is not in writing would be valid if

No deed exists without being in writing.

In the typical contract for deed, the buyer has which of the following duties?

Payment of taxes, insuring the property, maintenance, etc.

Eric Estoppel hands a deed made to Paul Pending with intent to pass title and with an oral request not to record it until after Estoppel dies. Which of the following is correct?

Recording gives constructive notice to the world of the rights of the grantee in a particular parcel of real property and its constructive delivery. Personal (actual) delivery also validates the deed.

Molly, Polly and Dolly Parrott own a large home on a ten-acre parcel of land, all of which is needed by the state due to the creation of a new state highway. Regarding this case, all of the following statements are correct EXCEPT which one?

Severance damages may be awarded.

If a deed were made to Amy and she died prior to delivery, which of the following would be true?

The deed would be invalid.

Which of the following best describes the covenant of quiet enjoyment?

The grantor assures that the title is good against the title claims of third parties.

A quitclaim deed would always convey good legal title to real property in which of the following cases?

The grantor had good legal title to the real property.

Sam Francisco lived in California and died there. He owned some real property in Oklahoma. His heirs have become involved in a dispute regarding his Oklahoma real estate holdings. Which of the following is correct?

The laws of Oklahoma where the property is located will prevail.

Assume that a deed was signed by the grantor on Sunday and delivered to the grantee the next Tuesday. Which of the following statements is true?

Title will pass upon delivery and acceptance on Tuesday.

The initial conveyance of real property from the federal government to an individual is by

a patent.

The right of an occupant of land to acquire title against the real owner, when the possession has been actual, continuous, hostile, visible, and exclusive for the legal period, is

adverse possession.

Title to land by accretion is acquired by

an owner of adjoining land as a result of natural causes.

The sudden removal of land from one owner to another when a stream changes its channel is

avulsion.

A valid deed must

describe the property, name the grantor, and name the grantee

The supreme power inherent in the state to take land from the owner by due process of the law when necessary for the state's use in the public welfare is

eminent domain.

When the purchase contract has been properly executed by all of the parties, there remains much to be done to effect a conveyance. During the interim, the interest of the purchaser would best be described as

equitable title.

The reverting of property to the state when heirs capable of inheriting do not exist and there is no will is

escheat.

The main purpose of a deed is to

evidence the change in title or transfer of an interest in real property.

The covenant whereby the grantor agrees to procure and deliver to the grantee any subsequent document necessary to make good the title being conveyed is the covenant of

further assurance.

The deed form that creates the greatest potential liability to the grantor is the

general warranty deed.

The clause in a deed defining the interest or estate granted or the extent of the ownership granted is the

habendum clause

Clarence Cadaver, a single person, owned a parcel of land. Subsequent to Cadaver's death, the probate court determined the descent of the parcel of land in accordance with the state statutes. Cadaver, therefore, died

intestate.

A person who dies testate is said to have died

leaving a will.

A landowner can break an adverse claim by all of the following methods EXCEPT

observing the adverse occupant carefully. (Any of the first three will defeat an adverse possession claim.)

By means of a warranty deed, the grantor assures the grantee

of good title as conveyed in the deed.

The two requirements which must be met when government exercises its right under eminent domain are

proposed use must be public and the owner must be justly compensated.

A grantor has the least liability under a

quitclaim deed.

Involuntary alienation of an estate means

the ownership of estates may be transferred by operation of law.

A covenant against encumbrances in a deed of conveyance warrants against the existence of all of the following EXCEPT

zoning ordinances that limit the use of the land.