Question 1

At the death of a property owner, property will convey either in accordance with a will or without a will. If a will dictates the distribution of the decedent's real property, the property is said to be:
A) patented
B) devised
C) conveyed by the law of descent
D) dedicated

Accepted Answer

When a will dictates the distribution of a decedent's real property, the property is said to be devised. A patent refers to a grant of land from the government to an individual, while the law of descent pertains to the process of intestate succession when a person dies without a will. Dedication is the voluntary transfer of private property to the public for a specific use, such as a park or road.

Question 2

Recognizing that only recent conveyances alter the status of title, states have established laws that set limits on how far back a title search must go. These laws are commonly referred to as:
A) Statute of Frauds
B) recording statutes
C) encroachments
D) marketable title laws

Accepted Answer

Marketable title laws are laws that establish the time limit for a title search, stating that only recent conveyances can affect the title. These laws vary from state to state, but they generally limit searches to a certain number of years back.

Question 3

A deed is a special form of written contract used to convey a permanent interest in real property. Unlike most contracts, a deed requires:
A) both parties to be legally competent and of legal majority age.
B) only the grantee to be legally competent and of legal majority age.
C) only the grantor to be legally competent and of legal majority age.
D) both parties to make promises to perform.

Accepted Answer

A deed is a legal document used to transfer ownership of real estate from one person or entity to another. It requires the grantor, the person transferring the property, to be legally competent and of legal majority age. The grantee, the person receiving the property, does not need to be legally competent or of legal majority age to receive the property. There are no promises to perform required in a deed; it is simply a transfer of ownership.

Question 4

Most often used in the description of urban property, which of the following methods of land description contains information regarding the location of various easements and may even contain a list of restrictive covenants?
A) metes and bounds
B) subdivision plat lot and block number
C) government rectangular survey
D) tax parcel number

Accepted Answer

Subdivision plat lot and block number includes information about the location of easements and restrictive covenants that apply to properties within that subdivision. Metes and bounds and government rectangular survey do not typically provide this information. Tax parcel numbers are used for assessment and taxation purposes and do not include information about easements or covenants.

Question 5

One of the most important requirements of a land description is for it to be unambiguous. Which of the following methods of property description is the most unambiguous and is appropriate for use in legal documents?
A) Street Address
B) Tax parcel number
C) Reference to prominent features of the land (e.g. monuments, river banks, roads)
D) Metes and bounds

Accepted Answer

Metes and bounds is the most unambiguous property description method, as it involves a detailed survey of the physical boundaries of the property using landmarks, distances, and angles. This level of detail makes it a reliable method for legal documents and avoids the potential confusion that could occur with other methods such as street address or reference to prominent features.

Question 6

While the vast majority of conveyances of real property are private grants through a deed, there are multiple ways in which voluntary conveyance can occur without a deed. Which of the following types of easements can occur if a landowner gives an adjacent landowner permission to depend on her land? (E.g. A landowner may give a neighbor permission to rely on sewer access or drainage across his or her land.)
A) Easement by prior use
B) Easement of necessity
C) Easement by estoppel
D) Dedication

Accepted Answer

An easement by estoppel can occur when a landowner gives permission to an adjacent landowner, and the adjacent landowner relies on that permission by making improvements or investments. The permission giver is then estopped from revoking the permission and the right to use the land becomes an easement.

Question 7

Although deeds can only deliver what a grantor actually owns, they can still vary in "quality." Which of the following types of deeds is considered to be the "highest quality" because it contains the full set of legal promises the grantor can make?
A) General warranty deed
B) Special warranty deed
C) Deed of bargain and sale
D) Quitclaim deed

Accepted Answer

A general warranty deed is considered the "highest quality" deed because it contains the full set of legal promises the grantor can make. This type of deed provides the greatest protection to the grantee by warranting against any defects in the title that may have existed at any time in the past, even if the problem was caused by a previous owner.

Question 8

When a landowner subdivides land in a way that causes a parcel to be landlocked, it is possible for property to be voluntarily conveyed without a deed. If the landlocked parcel has no prior path of access, which of the following types of easements will automatically be created to make the land useful?
A) Easement by prior use
B) Easement of necessity
C) Easement by estoppel
D) Dedication

Accepted Answer

An easement of necessity will automatically be created to provide access to a landlocked parcel that has no prior path of access. This is done to ensure that the owner of the landlocked parcel has a way to enter and exit their property. Easement by prior use requires a pre-existing usage that was continuous and apparent to both parties. Easement by estoppel requires a false representation or promise made by the landowner. Dedication is the act of donating land for public use, which is not applicable in this scenario.

Question 9

Considered a "questionable conveyance of title" by most courts, which of the following types of deeds is worded to imply no claim of title, but rather only convey what interest the grantor actually has? (Hint: This type of deed may be used by a developer to convey certain lands of a subdivision to the local government through dedication.)
A) General warranty deed
B) Special warranty deed
C) Deed of bargain and sale
D) Quitclaim deed

Accepted Answer

A quitclaim deed is a type of deed that makes no guarantees about the grantor's title to the property being conveyed. Instead, it simply transfers whatever interest the grantor has in the property to the grantee. This type of deed is often used when the grantor's ownership of the property is uncertain or when the parties want to clarify any potential issues with the title. It is not considered a strong conveyance of title and is often used in situations such as the dedication of land from a developer to a local government.

Question 10

The type of deed offered by the grantor is communicated through a phrase such as "does herby grant, bargain, sell and convey unto . . ." This clause is referred to as the:
A) recital of consideration
B) words of conveyance
C) covenant
D) habendum clause

Accepted Answer

The phrase "does herby grant, bargain, sell and convey unto . . ." is the words of conveyance, which indicate the type of deed offered by the grantor.

Question 11

Initially used to survey the Old Northwest Territory (Ohio, Indiana, Illinois, and Michigan) in 1789, which of the following methods of land description relies on townships and section numbers as essential units of identification?
A) metes and bounds
B) subdivision plat lot and block number
C) government rectangular survey
D) tax parcel number

Accepted Answer

The method of land description that relies on townships and section numbers as essential units of identification is the government rectangular survey. This method was initially used to survey the Old Northwest Territory in 1789. Metes and bounds and subdivision plat lot and block number are other methods of land description, but they do not use townships and section numbers. Tax parcel number is a method of identifying specific properties for tax purposes and is not a method of land description.

Question 12

While several kinds of real property conveyances result from events beyond the control of the grantor, the majority of conveyances are voluntary through a deed. Which of the following is an example of a voluntary conveyance of real property with a deed?
A) Patent
B) Probate
C) Condemnation
D) Implied Easement

Accepted Answer

A patent is an example of a voluntary conveyance of real property with a deed, typically issued by the government to transfer public lands to private ownership.

Question 13

The most flexible method of land description, capable of describing even the most irregular of parcels, can be described as a very precise, compass-directed walk around the boundary of a parcel. This method is commonly referred to as:
A) metes and bounds
B) subdivision plat lot and block number
C) government rectangular survey
D) tax parcel number

Accepted Answer

Metes and bounds is a precise method of land description that involves describing the parcel boundaries by specifying directions, distances, and angles from specific starting points or landmarks. This method is very flexible and can be used to describe irregularly shaped parcels that are not easily described using other methods such as subdivision plat lot and block number, government rectangular survey, or tax parcel number.

Question 14

A law requiring any contract conveying a real property interest to be in writing in order to be enforceable is a modern application of the:
A) Statute of Frauds
B) doctrine of constructive notice
C) habendum clause
D) actual notice

Accepted Answer

The Statute of Frauds is a legal doctrine that requires certain types of contracts, including those involving real estate, to be in writing and signed in order to be enforceable. This helps prevent fraud and misunderstandings by providing a clear written record of the agreement. Therefore, the law requiring real property contracts to be in writing is a modern application of the Statute of Frauds.

Question 15

Once a document conveying an interest in real property is placed in the public records it is binding on the public, whether or not they make an effort to learn of it. Based on the common law tradition, this policy is known as the:
A) Statute of Frauds
B) doctrine of constructive notice
C) habendum clause
D) actual notice

Accepted Answer

The doctrine of constructive notice holds that once a document conveying an interest in real property is recorded in the public records, it is binding on the public, whether or not they make an effort to learn of it. This is based on the common law tradition and serves as a way to provide notice to potential buyers or interested parties. The other answer choices are not as relevant to this concept. The Statute of Frauds is a law that requires certain contracts to be in writing, and does not specifically pertain to public recordation. The habendum clause is a provision in a deed that defines the extent of ownership being transferred. Actual notice refers to knowledge obtained by an interested party through direct communication or physical observation, which is not necessarily required for the doctrine of constructive notice to apply.

Question 16

The covenants in a deed are the most important differences among types of deeds. Which of the following covenants promises that the grantor truly has good title and the right to convey it?
A) Covenant of seizin
B) Covenant against encumbrances
C) Covenant of quiet enjoyment
D) Exceptions and reservation clause

Accepted Answer

The covenant of seizin is the promise that the grantor truly has good title and the right to convey it.

Question 17

Which of the following clauses contained in a deed defines or limits the type of interest being conveyed?
A) Recital of consideration
B) Words of conveyance
C) Covenant
D) Habendum clause

Accepted Answer

The habendum clause is the clause in a deed that defines or limits the type of interest being conveyed. It typically begins with the words "to have and to hold" and specifies the duration and extent of the grantee's interest in the property. The other clauses listed may provide important details about the transaction, but they do not define or limit the type of interest being conveyed.

Question 18

A contract for sale of real estate usually calls for the seller to provide evidence of title as a requisite to completing the sale. Today, the predominant medium through which a seller meets this requirement is by providing:
A) only a title abstract.
B) only an attorney's opinion of title.
C) only a title insurance commitment.
D) only a seller's disclosure

Accepted Answer

A title insurance commitment is the most common and efficient means to provide evidence of title in a real estate sale. It guarantees the status of the title and insures against any potential damages or issues that could arise from the title. A title abstract or attorney's opinion may also be provided, but they do not provide the same level of protection as title insurance. A seller's disclosure is not typically used to provide evidence of title, but rather provides information on the condition and history of the property itself.

Question 19

An owner of land may involuntarily and unknowingly give up the rights to land. When a fee simple interest is conveyed to a new owner without a deed and without the consent or knowledge of the original owner, this is said to be conveyed by:
A) Prescription
B) Adverse possession
C) Accretion
D) Reliction

Accepted Answer

Adverse possession occurs when someone occupies another's property for a certain period of time (as specified by state law) and meets certain requirements, such as openly using the property and treating it as their own, without the owner's permission. This can ultimately result in the adverse possessor gaining legal ownership of the property, even if the original owner did not intend to convey it.

Question 20

Unlike other forms of evidence of title, title insurance guards the grantee against certain risks. However, there are a number of important limits to title insurance. Which of the following is an example of the limits to title insurance?
A) It does not protect the grantee from the threat of physical damage to the property.
B) It does not protect a grantee against the legal costs of defending the title
C) It does not protect a grantee against loss of the property in case of an unsuccessful title defense.
D) It does not protect against legal attack on the owner's title arising from a claim that diminishes the owner's rights of use.

Accepted Answer

Title insurance primarily protects against defects in title, not physical damage to the property, which is typically covered by property insurance.

Quiz 3: Conveying Real Property Interests

At the death of a property owner, property will convey either in accordance with a will or without a will. If a will dictates the distribution of the decedent's real property, the property is said to be:

Recognizing that only recent conveyances alter the status of title, states have established laws that set limits on how far back a title search must go. These laws are commonly referred to as:

A deed is a special form of written contract used to convey a permanent interest in real property. Unlike most contracts, a deed requires:

Most often used in the description of urban property, which of the following methods of land description contains information regarding the location of various easements and may even contain a list of restrictive covenants?

One of the most important requirements of a land description is for it to be unambiguous. Which of the following methods of property description is the most unambiguous and is appropriate for use in legal documents?

Although deeds can only deliver what a grantor actually owns, they can still vary in "quality." Which of the following types of deeds is considered to be the "highest quality" because it contains the full set of legal promises the grantor can make?

The type of deed offered by the grantor is communicated through a phrase such as "does herby grant, bargain, sell and convey unto . . ." This clause is referred to as the:

Initially used to survey the Old Northwest Territory (Ohio, Indiana, Illinois, and Michigan) in 1789, which of the following methods of land description relies on townships and section numbers as essential units of identification?

While several kinds of real property conveyances result from events beyond the control of the grantor, the majority of conveyances are voluntary through a deed. Which of the following is an example of a voluntary conveyance of real property with a deed?

The most flexible method of land description, capable of describing even the most irregular of parcels, can be described as a very precise, compass-directed walk around the boundary of a parcel. This method is commonly referred to as:

A law requiring any contract conveying a real property interest to be in writing in order to be enforceable is a modern application of the:

Once a document conveying an interest in real property is placed in the public records it is binding on the public, whether or not they make an effort to learn of it. Based on the common law tradition, this policy is known as the:

The covenants in a deed are the most important differences among types of deeds. Which of the following covenants promises that the grantor truly has good title and the right to convey it?

Which of the following clauses contained in a deed defines or limits the type of interest being conveyed?

A contract for sale of real estate usually calls for the seller to provide evidence of title as a requisite to completing the sale. Today, the predominant medium through which a seller meets this requirement is by providing:

An owner of land may involuntarily and unknowingly give up the rights to land. When a fee simple interest is conveyed to a new owner without a deed and without the consent or knowledge of the original owner, this is said to be conveyed by:

Unlike other forms of evidence of title, title insurance guards the grantee against certain risks. However, there are a number of important limits to title insurance. Which of the following is an example of the limits to title insurance?