Transfer of Title (Chpt 9)

Which is the right of a government to take ownership of privately held property for public use against the wishes of the owner? Dedication Public grant Police power Eminent domain

Eminent domain is the right of the government to take ownership of privately held property against the wishes of the owner. Chapter 9, Eminent Domain, Page 252

Which would cause a deed to be invalid in its inception? - Legal incompetence of the grantee - Legal incompetence of the grantor - Failure to state a monetary consideration on the deed - Failure to record the deed

Legal incompetence of the grantor.. Any contract or conveyance of real property with a person declared incompetent prior to entering into the contract is void.

Which is a warranty given in a grant deed? - That there are no encroachments - That the grantor has not transferred title to anyone else - There is a cloud on title - A warranty that the grantor has no interest in the property

That the grantor has not transferred title to anyone else. These warranties are that the grantor has not previously conveyed the title to the property to anyone else, and that there are no encumbrances on the property, such as liens, other than those the grantor has already disclosed to the grantee.

Which deed is the most common one used to convey property in California? Bargain and Sale Deed Grant Deed Deed of Trust Special Warranty deed

The most common deed form used in California is the grant deed. Chapter 9, Deed Types, Page 244

Chain of title is... - a listing of all recorded instruments affecting the subject property. - the heir named in a will to inherit property after a death of a testator. - a certificate of title issued under the Torrens system. - a list of all previous owners.

a list of all previous owners. The listing of grantor/grantee records is known as the chain of title.

A means of acquiring title where the occupant has been in actual, open, notorious, exclusive and continuous occupation of property under a claim of right for the statutory period is known as... eminent domain. escheat. prescription. adverse possession.

adverse possession. The basic requirements for a claim of adverse possession include possession of the land being actual, open and notorious.

A deed that has been executed and delivered but not recorded is... unenforceable. valid. voidable. void.

valid. Recording the deed does not change its validity. Recording the deed creates a presumption that the document is valid.

The recording system... - requires acknowledgements to prevent forgery in recorded documents. - is designed to provide public notice concerning the documents affecting the title to real estate

both The signature(s) of the grantor(s) must be acknowledged if the deed is to be recorded. It should be recorded as recording gives constructive notice to the world that the deed exists.

The transfer of title by descent and distribution means the owner... - transferred his property interest by sale. - died intestate and property passes to his heirs. - transferred his property interest by gift. - died testate, and property passes to his heirs.

died intestate and property passes to his heirs. When one dies intestate, distribution of the property will be according to the provisions of California's laws of descent and distribution. This law sets forth the order in which the legal beneficiaries inherit. Chapter 9, Conveyances or Transfer of Title by Will, Page 250

A quitclaim deed is frequently used to... - convey a fee title to property - remove a cloud on a title - convey an after acquired interest in real property - remove an escrow

remove a cloud on a title A quitclaim deed is used to release any interest the grantor may have in the property on the date of the deed.