Chapter 9 - Transfer of Title Flashcards by Anthony Smith (2024)

1

Q

The title to real estate passes when a valid deed is

A

delivered and accepted

2

Q

The primary purpose of a deed is to

A

transfer title of rights

3

Q

A special warranty deed differs from a general warranty deed in that the grantor’s covenant in the special warranty deed.

A

applies only to a definite limited time.

4

Q

The law that requires transfers of real property ownership to be in writing is the

A

statue of frauds

5

Q

A third party holds title to property on behalf of someone else through the use of a

A

trust deed

6

Q

Title to real estate that is inherited from a person who died testate is called a

A

devise

7

Q

Which of the following documents is signed by the owner of the real estate?

  • Special Warranty Deed
  • Trustee’s Deed
  • Reconveyance Deed
  • Tax Deed

A

Special Warranty Deed

8

Q

Which deed contains no expressed or implied warranties?

  • Bargain and Sale Deed
  • Quitclaim Deed
  • Warranty Deed
  • Grant Deed

A

Quitclaim Deed

9

Q

All of the following are required for a deed to be valid EXCEPT

  • a date
  • a legal description
  • the name of the grantee
  • the signature of the grantee

A

-the signature of the grantee

10

Q

The reversion of real estate to the state because of its lack of heirs or other persons legally entitled to own the property is called

A

escheat

11

Q

What is the purpose of the acknowledgement by a notary public on a deed?

A

-To show the genuineness of the grantor’s signature.

12

A man owns a one-quarter undivided interest in a parcel of land, and he wants his interest transferred to his sister. As a rule, which action will transfer the man’s undivided interest out of his name?

A

-Delivery of the deed during the owner’s lifetime

13

Q

A valid will devises the decedent’s real estate after the payment of all debts, claims, inheritance taxes, and expenses through the …

A

court action known as probate

14

Q

A grantor who does NOT wish to convey certain property rights

A

may note the exceptions in the deed of conveyance.

15

Q

A city dweller bought acreage in a distant county, never went to see it, and did not use it, although he regularly paid the real estate taxes on it. A farmer moved his mobile home onto the city dweller’s property, drilled a well for water, and lived there for many years. The farmer may have become the owner of the acreage if he has compiled with the state laws regarding ..

A

-adverse possesion

16

Q

In which situation would a quitclaim deed be the MOST appropriate type of deed to use?

A

-to remove a cloud on title

17

Q

The condemnation of private property for public use is exercised under the government right of

A

-Eminent Domain

18

Q

A trespasser built a log cabin in a national park located in Pennsylvania and occupied the structure for over 21 years. That person will never be able to claim the property under adverse possession statutes because the possession was NOT

A

-Privately Owned

19

Q

Grantee is to a deed as devisee is to a

A

A WILL

20

Q

All of the following are true about adverse possession EXCEPT

  • the person’s taking possession of the property must do so without its owner’s consent.
  • occupancy of the property must be continuous over a specified time
  • the person taking possession must compensate the owner at the end of the possession period.
  • the person taking possession may become the owner of the property.

A

-the person taking possession must compensate the owner at the end of the possession period.

21

Q

Property may transfer upon the death of its owner by all of the following means EXCEPT

  • by devise
  • by dedication
  • by descent
  • by escheat

A

-by dedication

22

Q

A deed must be signed by the

A

-grantor

23

Q

Normally, a deed will be considered valid even if

A

-it is signed by an attorney-in-fact rather than the seller.

24

Q

In order for a deed to be a valid, the

A

grantor must be legally competent

25

Q

The seller conveyed a quitclaim deed to the buyer. Upon receipt of the deed, the buyer may be certain that

A

-the seller has renounced all claims to the property.

26

Q

Which of the following is TRUE regarding a special warranty deed?

A

-The grantor’s warranties are limited to the time the grantor owned the property.

27

Q

Two people own a building as joint tenants with right of survivorship. One of the tenants dies intestate. The other tenant now owns the building …

A

-in severalty

28

Q

A single person owned a parcel of land. Subsequent to the owner’s death, the probate court determined the distribution of the land in accordance with the state’s statutes. This person

A

dies intestate.

29

Q

Which of the following is an involuntary alienation of property.

A

eminent domain

30

Q

The type of deed in which the granting clause state “grant, bargain and sell” or “convey and warrant” is a

A

Bargain and Sale Deed

31

Q

The type of deed in which the grantor defends the title back to its beginning is a

A

-General Warranty Deed

32

Q

It is essential that every deed be signed by the

A

-Grantor

33

Q

The grantee receives greatest protection with what type of deed?

A

-General Warranty

34

Q

Which deed would be MOST likely to recite the full, actual consideration paid for the property?

  • Deed in trust
  • Gift Deed
  • Deed executed pursuant to court order
  • Trustee’s Deed

A

-Deed executed pursuant to court order

35

Q

Which deed merely implies but does NOT specifically warrant that the grantor holds good title to the property?

A

-Bargain and Sale Deed

36

Q

The probate court will distribute property held …

A

in severalty by the deceased

37

Q

A woman bought acreage in a distant county, never went to see the acreage, and did not use the ground. A man moved his mobile home onto the land, had a water well drilled, and lived there for 22 years. The man may become the owner of the land if he has complied with the state law regarding…

A

-adverse possession

38

Q

Generally, where does a probate proceeding involving real property take place?

A

-In both the county where the decedent resided and the county in which the property is located

39

Q

An owner of real estate was declared legally incompetent and was committed to a state mental institution. While institutionalized, the owner wrote and executed a will. The owner later died and was survived by a spouse and three children. The real estate will pass …

A

according to the state law of descent

40

Q

What will happen to the real estate if the deceased owner did not write a will and has no heirs?

A

-The ownership will escheat

41

Q

The deed states that the grantor is conveying all rights and interests of the grantor to have and to hold by the grantee. This is the …

A

habendum clause : follows the granting clause and begins with the words to have and to hold

42

Q

The deed that grants and releases and implies that the grantor has a title is a

A

-bargain and sale deed

43

Q

Which of the following is an example of involuntary alienation?

  • Having a piece of land sold for delinquent taxes
  • letting another person plant crops on an unused portion of a piece of land
  • selling a property to pay off taxes
  • giving a piece of land to the zoo

A

-Having a piece of land sold for delinquent taxes

44

Q

A grantor does not wish to be responsible for defects in the title that arise from previous owners but will guarantee the title for the time the grantor has the ownership. What type of deed would the grantor convey?

A

-A special warranty deed

45

Q

Which of the following is an involuntary alienation of property?

  • Inheritance
  • Gift
  • Adverse possession
  • Quitclaim

A

-adverse possession

46

Q

A single person owned a parcel of land. Subsequently to the owner’s death, the probate court determined the distribution of the land in accordance with the state’s statutes. This person …

A

died intestate

Chapter 9 - Transfer of Title Flashcards by Anthony Smith (2024)
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