Chapter 8 & 9 Quiz

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

a. seizen.

When the grantor of a deed swears that he is conveying title of his own free will, his action is referred to as: Select one: 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? Select one: 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.

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

b. Brown

A deed need only be executed to pass title. Select one: 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: Select one: a. Foreclosure b. Partition c. Detachment d. Severance

b. Partition

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? Select one: 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.

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

b. Recording of the deed.

Which of the following estates would be subject to probate? Select one: 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.

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

c. Devise.

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

c. General warranty deed

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: Select one: 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: Select one: a. reverse condemnation. b. eminent domain. c. dedication. d. escheat.

c. dedication.

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

c. delivered and accepted.

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: Select one: a. Quitclaim deed. b. Bargain and sale deed. c. General warranty deed. d. Special warranty deed.

d. Special warranty deed.

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: Select one: a. Parties' consent. b. Law of contracts. c. The parol evidence rule. d. The doctrine of relation-back.

d. The doctrine of relation-back.

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

d. executor

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

d. transfer of property.

Pruitt gives Gray a quitclaim deed to a property which Gray has bought. This means that: Select one: 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. terminated

A woman owns an apartment building which is losing money. Her accountant tells her she could make a profit if she sells the apartment units as condominiums. What would be the proper method to accomplish this? Select one: a. Eviction. b. Novation. c. Conversion. d. Capitalization.

Conversion

Density zoning restricts lot sizes. T/F

False IT RESTRICTS THE # OF HOUSE PER ACRE

A nuncupative will is a handwritten will. Select one: a. True b. False

False, oral

Condominium ownership is regulated by state laws that in some states are called "Condominium Acts" and in other states are called:

Horizontal Property Act

LUI scales that relate land, building coverage, and open spaces have become increasingly important in the development of:

PUDs

It may be assumed that a deed has been delivered and accepted if it has been:

Recorded.

Sam owns a unit in a cooperative. How are the property taxes on his unit financed?

They are paid by the corporation from rent paid by Sam and the other unit owners.

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

a. Accretion soil washed away and is deposited onto other land

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

a. Accretion.

Which of the following is NOT a form of involuntary transfer of property? Select one: 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: Select one: a. Devise. b. Bequest. c. Decree. d. Assumption.

a. Devise

The owner of a condominium apartment holds which of the following interests in his or her individual living unit? Select one: a. Fee simple title in his unit. b. Fee simple title in the entire complex. c. Shares of stock. d. Tenancy in common with the other owners.

a. Fee simple title in his unit.

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

a. Quiet title action.

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? Select one: a. Sheriff's deed b. Deed in partition c. Certificate of title d. Statutory warrant deed

a. Sheriff's deed

Davis's son becomes the owner of Davis's land because Davis died without a will. Select one: 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.

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

a. quitclaim deed.

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

b false

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: Select one: a. Authentication. b. Acknowledgment. c. Words of conveyance. d. Habendum.

b. Acknowledgment.

A quitclaim deed is generally used for which of the following? Select one: 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.

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

c. Delivered and accepted by the grantee.

A quitclaim deed may be used to: Select one: 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? Select one: 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.

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

d. None of these choices.

Only the builder has to comply with the provisions of the condominium instruments. T/F

false, unit owners must also comply

A cooperative owner has exclusive use of her unit by reason of a...

proprietary lease

A condominium developer is required to file a master deed with the state. T/F

true

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?

Petes. Bob and Angela inspected the property, noticing Pete had it. There could be a fight in court if Angela sues but legally it is Petes.

The act of recording a deed in the public record's office designated for that purpose, results in which of the following? Select one: 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.

What is the purpose of a deed? Select one: 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.

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

b. the law of descent and distribution.

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? Select one: a. General warranty. b. Bargain and sale. c. Quitclaim. d. Trustee's deed.

c. Quitclaim.