POP Quiz Ch. 3

Ownership rights to a property are determined through which of the following legal actions? A.Quiet title B.Interdiction C.Declaratory relief D.Injunction

A.Quiet title

A gradual build-up of land through the action of water is known as: A.accretion B.alluvium C.avulsion D.reliction

A.accretion

A husband who owns separate property dies without a will. He is survived by a wife and two children. What happens to his separate property? A.One half goes to his wife, and one quarter goes to each of his children B.One third goes to his wife, and one third goes to each of his children C.The wife receives the entirety of his estate D.His separate property will escheat to the state

B.One third goes to his wife, and one third goes to each of his children

Land is torn away by a sudden change in the direction of a river's flow. This is called: A.accretion B.avulsion C.hypothecation D.reliction

B.avulsion

If a buyer fails to examine public records relating to a property, the buyer is still considered to have: A.actual notice B.constructive notice C.conditional notice D.contingent notice

B.constructive notice

A grant deed is recorded in the county where: A.the title company operates B.the property is situated C.the seller resides D.the buyer resides

B.the property is situated

Who might take title to property through accession? A.An adverse possessor B.A purchaser using a land sales contract C.One who has gained property through action of natural forces D.A tenant with an estate for years

C.One who has gained property through action of natural forces

In which of the following situations can real property not be acquired through adverse possession? A.Where property tax payments were made by the claimant on the property in question B.Where the claimant mistakenly believes that the property belongs to her, based on a defective deed C.Where the property is owned by a governmental agency D.Where the adverse possessor has been in possession for only two years, although there was a previous adverse possessor for ten years before that

C.Where the property is owned by a governmental agency

Intestate succession of real property will occur if the property's owner: A.executed a holographic will B.did not name all of his formal heirs in a valid will C.died without executing a valid will D.In any of the above situations

C.died without executing a valid will

A taking of private property by a city or county for public use is accomplished through the right of: A.escheat B.police power C.eminent domain D.reversion

C.eminent domain

Individuals can ordinarily have each of the following rights of ownership in real property, except: A.riparian rights B.littoral rights C.eminent domain rights D.severance rights

C.eminent domain rights

Accession occurs when: A.property is passed to heirs according to statute when a person dies without a will B.a buyer accedes to terms of a contract C.property is added through the process of accretion D.property is transferred using only a quitclaim deed

C.property is added through the process of accretion

The process used by a government body to acquire private property for public use, upon payment of just compensation is called ____________.

Condemnation

Who would be in the weakest position to protect himself against a loss of property to another claimant? A.A holder of a recorded deed who rents the property out B.A holder of an unrecorded deed who occupies the property C.A holder of a certificate of title issued by a title company D.A holder of an unrecorded quitclaim deed who does not occupy the property

D.A holder of an unrecorded quitclaim deed who does not occupy the property

A title company that is conducting a title search would want to examine the records at the: A.federal land office B.county clerk's office C.county recorder's office D.All of the above

D.All of the above

The power of eminent domain may be used by: A.cities B.public utilities C.public universities D.All of the above

D.All of the above

Of the following, which is not a statutory requirement for adverse possession? A.Open and notorious use B.Possession that is hostile to the true owner's interest C.Possession under claim of right or color of title D.Conflict with the owner

D.Conflict with the owner

Which of the following has final say on the rate or amount of commission paid to the agent on the sale of real property in the estate of a deceased person? A.Real Estate Commissioner B.Administrator or executor of estate C.Local multiple listing service D.Court order

D.Court order

Pop-up Sample Question 1 of 4 Delia died leaving no known heirs. In her will, she left her real property to her friend Ed. However, at the time of Delia's death, Flora was in possession of the property under the terms of a one-year lease. The probate court then found that Delia's will had not been properly witnessed and was invalid. What happens to Delia's real property? A.It passes to Ed, since that was clearly Delia's intent B.It passes to Flora, since she is in possession C.It is immediately sold at a court auction D.It passes according to statutory provisions, overseen by a court of proper jurisdiction

D.It passes according to statutory provisions, overseen by a court of proper jurisdiction

A quiet title action is a/an: A.purchase of property through a dummy transaction B.ejectment of a tenant for failure to pay rent C.judicial foreclosure action D.court procedure to remove a cloud on a title

D.court procedure to remove a cloud on a title

After a county-run airport changed its flight patterns, an owner of nearby property was bothered by constant aircraft noise. The owner brought suit against the airport demanding just compensation for the damage to the value of his property. This is an example of: A.condemnation B.police power C.equitable severance D.inverse condemnation

D.inverse condemnation

If a deed is executed and delivered, but not recorded, it is: A.invalid B.invalid between the parties and valid as to providing constructive notice to third parties C.valid between the parties and valid as to subsequent recorded interests D.valid between the parties and invalid as to subsequent recorded interests without notice

D.valid between the parties and invalid as to subsequent recorded interests without notice

Private property is transferred to public ownership, without compensation to the private owner is called _________.

Dedication

Condemnation is an exercise of this power is called ______.

Eminent domain

True/False A deed executed by a representative of the grantor is valid only if the representative is an attorney at law.

False

True/False A deed is not valid unless it is recorded

False

True/False A deed that is not acknowledged will not transfer title to real property.

False

True/False Accretion results in a gradual loss of title to real property through the action of water.

False

True/False Both the grantor and the grantee sign the deed.

False

True/False Hostile possession means the adverse possessor has confronted the true owner to try to remove him from the property.

False

True/False The "to have and to hold" clause in a deed is called the exclusions and reservations clause.

False

True/False The law presumes that a deed has been delivered and accepted if it is in the possession of the grantor.

False

True/False To meet the requirements for adverse possession, the adverse possessor must share the land with no one other than the true owner.

False

True/False When all of the requirements for adverse possession have been met, title will not pass until the adverse possessor files a quiet title action in superior court.

False

Contains two warranties: 1) the grantor has not previously conveyed title to anyone else, and 2) the grantor has not caused any undisclosed encumbrances.

Grant deed

The most common type of deed in California is ___________.

Grant deed

Someone who receives personal property by will is called a/an _____________.

Legatee

A legal action taken by one ore more co-owners who can't agree on how to divide their property is called __________.

Partition

Transfers property from the government to private ownership.

Patent

The deed that conveys only the present claim, rights, and title of the grantor.

Quitclaim

Deed that does not convey after-acquired title is called _________.

Quitclaim deed

Of the deeds widely used in California, the deed that creates the greatest liability for the grantor is called _________.

Quitclaim deed

Used to remove clouds from title is called ________.

Quitclaim deed

The legal procedure that can resolve a dispute over who holds tittle to a parcel of land is called __________.

Quite tittle

True/False A deed is void at its inception if it attempts to transfer property to an inadequately designed grantee.

True

True/False A valid deed must include words of conveyance.

True

True/False An addition to real property that results from natural forces is called accession.

True

True/False Delivery and acceptance of the deed is presumed if it has been recorded.

True

True/False It is not necessary for the grantor to physically deliver the deed to the grantee.

True

True/False Jackson purchases a home and takes possession on the day of closing, but he doesn't record his deed. Jackson's possession of the land constitutes notice of his title to the land.

True

True/False Recording a document gives constructive notice of the existence of the document and of its contents.

True

True/False Tacking refers to adding together successive periods of continuous and uninterrupted possession by a series of adverse possessors.

True

True/False To adversely possess residential property, it's generally necessary to reside on the property.

True

True/False To convey community real property, both spouses must sign the deed.

True

This type of deed is rarely used in California, but is common in many other states.

Warranty deed

Why are warranty deeds rarely used in California, although they are commonly used in many other states? a. Title insurance, with its recourse against the title company, has supplanted the warranty deed and its recourse against the grantor b. The grant deed was statutorily created to replace the warranty deed c. By legislative act, there are two implied warranties in a grant deed d. Tittle insurance replicates the express warranties of a warranty deed

a. Title insurance, with its recourse against the title company, has supplanted the warranty deed and its recourse against the grantor

A person who is authorized, in writing, to act legally for another person is a/an: a. attorney in fact b. fiduciary c. power of attorney d. principal

a. attorney in fact

Who would execute a quitclaim deed in order to clear away a cloud on a title? a. grantor b. grantee c. trustor d. trustee

a. grantor

A grant deed would be void at its inception if: a. the grantor was legally incompetent b. the deed was signed and dated on a legal holiday c. there is no clause stating "to his heirs and assigns" following the name of the grantee d. the grantee is a minor

a. the grantor was legally incompetent

A/an ___________ is appointed by a court to distribute the estate if no executor is named.

administrator

Recorded title to a parcel of real property was vested in Joan Harris, a single woman. After she married John Hodges, she executed a new deed tot the property, referring to herself as a "Joan Hodges, a married woman." The discrepancy in the name of the grantor is: a. immaterial so long as the property is adequately described b. a defect which may create a cloud on the title c. a defect that could cause the separate property of both spouses to become joint tenancy property d. cured after the deed has been of record for one year

b. a defect which may create a cloud on the title

An attorney in fact is defined as: a. an attorney acting as executor of a decedent's estate b. a legally competent person acting on behalf of another c. the principal in a transaction d. any person acting as a dual agent

b. a legally competent person acting on behalf of another

Alienation is most nearly the opposite of: a. abrogation b. acquisition c. acceleration d. amortization

b. acquisition

When a valid grant deed is prepared, the title passes when it has been: a. acknowledged b. delivered c. recorded d. signed

b. delivered

The deed most commonly used to transfer title in California is a: a. deed of trust b. grant deed c. quitclaim deed d. warranty deed

b. grant deed

A quitclaim deed conveys only the present right, title, and interest of the: a. grantee b. grantor c. property owner d. occupant

b. grantor

Chen gave his son a power of attorney to sell his house. Which of the following statements is false? a.The power of attorney must describe the property that will be conveyed b.Chen's son may legally deed the property to himself c.The attorney in fact may sign the name of his principal d.The attorney in fact may encumber the property with a deed of trust where another person is the beneficiary

b.Chen's son may legally deed the property to himself

Which of the following problems would cause a deed to be void? a. The grantor's name on the deed is different from her legal name b. The grantor has recently taken a new married name c. The grantee is not adequately identified d. the grantee's name is spelled differently

c. The grantee is not adequately identified

To alienate title to real property, one must: a. encumber the title b. cloud the title c. convey the title d. record a homestead

c. convey the title

The principal purpose of a deed is to: a. provide evidence of the terms of a real property transaction b. identify the parties to a transfer of real property c. provide evidence of a change in tittle or transfer of an interest in real property d. provide written notice of a transaction so that it can be recored

c. provide evidence of a change in tittle or transfer of an interest in real property

A deed could be valid even though: a. it is not in writing b. it has not been signed by the grantor c. the grantee is legally incompetent d. there is no property description

c. the grantee is legally incompetent

Which of the following warranties is present in a grant deed? a. That the property is free of all encumbrances b. That the grantor actually owns the property that is to be conveyed c. That the grantee's possession of the property will not be threatened by a lawful claim by a third party d. That the grantor has not previously conveyed the title

d. That the grantor has not previously conveyed the title

A patent is a: a. deed b. promissory note c. security note d. grant by a sovereign

d. grant by a sovereign

Marta receives personal property through a will. She would be known as a/an: a. executor b. devisee c. testator d. legatee

d. legatee

Which type of deed would contain a granting clause but would contain no warranties about the condition of the title? a. grant deed b. warranty deed c. deed of trust d. quitclaim deed

d. quitclaim deed

Ed executes a deed to Ned and Ned records it. Ed later tries to set the conveyance aside, claiming that the deed was never delivered. Why is Ed's argument unlikely to succeed? a.Ned has already taken possession of the property b.Once the deed is recorded, the transaction is finalized c.Recording the deed assures Ned's lien position d.In order for Ned to record the deed, Ed must have already delivered it

d.In order for Ned to record the deed, Ed must have already delivered it

Which of the following is not necessary for a deed to be valid? a.It must be in writing b.Parties must be competent to convey and capable of receiving the property c.There must be a granting clause d.It must be acknowledged

d.It must be acknowledged

When a deed is recorded, it: a.transfers title at that moment b.gives actual notice of the grantee's interest in the property c.insures the grantee's right to possess the property d.raises a presumption of delivery

d.raises a presumption of delivery

Jeff left his home to Patty in his will. Patty is called a/an ________.

devisee

When property reverts to the state after a person dies without a will and no heirs can be found is called ___________.

escheat

The person named in a will to carry out its provisions is called the _____________.

executor

A lienholder forces a property to be sold so that an unpaid debt can be satisfied from the sale proceeds is called _______.

foreclosure

A/an ________ will is one entirely in the handwriting of the testator.

holographic

Distribution to heirs of property that belonged to a person who died without making a will is called __________.

intestate succession

A court action for compensation for damage to property caused by government action is called _________.

inverse condemnation

The legal process of establishing the validity of a will is called __________.

probate

A person who makes a will is called a/an _______.

testator