Section 2: Chapter 9

The person who makes a will is called an intestate. Select one: a. True b. False

False. The person who makes a will is a testator. The correct answer is: False

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

False. The statement is false. A nuncupative will is an oral will. The correct answer is: False

Escheat

the reversion of property to the state, or (in feudal law) to a lord, on the owner's dying without legal heirs.

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. The question describes a covenant of seizen. The correct answer is: seizen.

Title by accession is involuntary alienation. Select one: a. True b. False

A. The statement is true. Accession occurs when soil from somewhere else is deposited on a shoreline. The correct answer is: True

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 has acquired this soil by accretion and now owns that soil as part of the land. The correct answer is: Brown.

Involuntary Alienation

1. Descent and Distribution (Laws of Descent) 2. Adverse Possession (Original Person didn't use the land for another person did. Maybe hunting). 3. Unintentional Dedication of Land (NO- No Trespassing) 4. Accession 5. Estoppel (Bad Guy/Stupid Guy) 6. Foreclosure 7. Eminent Domain 8. Escheat

Estoppel

A person may obtain title to real property over the apparent owner because the apparent owner failed to act in a manner as to put everyone on notice as to his rights in the property. (Bad Guy/Stupid Guy). The first guy is STOPPED from owning the property since he didn't record the deed, move in, etc.

A quitclaim deed conveys only the interest of the... Select one: a. grantor. b. claimant. c. quitor. d. property.

A. A quitclaim deed conveys only the interest of the grantor (the one giving up title). The correct answer is: grantor.

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. A quitclaim deed is not an involuntary method of conveying property. The correct answer is: quitclaim deed.

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 happens when soil is washed away by flowing water and deposited on some other land. As a result the amount of land increases. The correct answer is: Accretion

A deed must be signed by: Select one: a. The grantor. b. The grantee. c. Both the grantor and the grantee. d. Neither the grantor nor the grantee.

A. Deeds are signed only by the grantor - the one who is conveying title. The correct answer is: The grantor.

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. The involuntary transfer of property would be against the owners wishes. Dedication is the gift of real property to a city or town. All other answer options are forms of involuntary transfer. The correct answer is: Dedication.

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. A quitclaim deed only conveys to the grantee (Bill) such interest as the grantor (Joe) may have, if any. there is no implication of any interest being held by the grantor in a quitclaim deed. Regardless of how right or wrong this situation may seem, NEVER assume the outcome of a court case. The correct answer is: Bill has no interest in the land.

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. Filing a suit for partition is to ask the courts to partition the property or, if undividable, sell the property and divide the proceeds. A suit for partition can be used in situations that involve either joint tenants and tenants in common. The correct answer is: Partition.

It may be assumed that a deed has been delivered and accepted if it has been: Select one: a. Signed. b. Recorded. c. Sealed. d. Notarized.

B. Recording a legal document gives constructive notice to the world. The legal presumption is that if a deed is recorded, it has been delivered and accepted. The correct answer is: Recorded.

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. Swearing that he passes title (in a deed) of his own free will is usually done before a notary public or some other official. It is called acknowledgment. The correct answer is: Acknowledgment.

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. With a quitclaim deed the grantor is conveying only the interest that he has, IF ANY, and leaves the grantee with no guarantees. Quincy had no interest so he had nothing to sell and Ralph has nothing. Ralph has no basis for a suit. he should have checked it out before entering into the deal. The correct answer is: Ralph has no interest in the property.

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. A quitclaim deed leaves the seller (grantor) open to the least liability as it conveys only that interest, if any, which the grantor has. A bargain and sale deed implies that the grantor has an interest in the property to convey to the grantee. A trustee's deed is one used by a trustee to convey real property. The correct answer is: Quitclaim.

The donation of real estate for public use is: Select one: a. reverse condemnation. b. eminent domain. c. dedication. d. escheat.

C. Donation of real estate for public use is dedication. The correct answer is: dedication.

Three children are named in their father's will to receive his real property. Each is to receive an equal interest. Collectively, they agree to sell the property and split the proceeds. What should they do? Select one: a. File in the testate court. b. Enter an intestate interpleader. c. File the will for probate. d. Locate a broker and put the property on the market.

C. Legally the children own the property as title passed when Daddy died. However, the property is part of the estate and the proceeds may be needed to satisfy priority debts. The kids cannot sell the property until the will has gone through the probate process. The correct answer is: File the will for probate.

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. The general warranty deed is the most complete of all deeds. It carries all the warranties of title. A quitclaim deed is the least complete in that it warrants nothing. The correct answer is: 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 question describes the covenant of quiet enjoyment. Further assurances means that the grantor will execute any other documents necessary to perfect the title. Encumbrances means that there are no outstanding debts, except those stated in the deed. Seizen means ownership. The correct answer is: The covenant of quiet enjoyment.

When property is conveyed by deed, the buyer is referred to as the: Select one: a. Mortgagee b. Mortgagor c. Grantee d. Grantor

C. When discussing deeds, the seller is considered to be the grantor because he is GIVING the deed. The buyer is the grantee because he is the one RECEIVING the deed. Remember who is the EE and who is the OR. The correct answer is: Grantee

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. Deeds are part of the public records and any person may go to those records and review them. The correct answer is: None of these choices.

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 would apply in this instance. The correct answer is: The doctrine of relation-back.

Voluntary Alienation

Deeds/Wills/Dedication/Public Grants

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.

In a special warranty deed, the grantor warrants to protect the grantee only against title defects and claims which occurred during the time the grantor held title to the property, but not before that time. General warranty deeds protect forever. Bargain and sale deeds and quit claim deeds offer no guarantees to the grantee. The correct answer is: Special warranty deed.