Question 1

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 worded to imply no claim of title, but rather conveys only the interest the grantor actually has. This type of deed is often used for transfers between family members, divorcing spouses, or in situations where the grantor may not guarantee or warrant clear title to the property. It is also commonly used for dedicating land to the government or for use as a road, as it does not imply any guarantees or warranties of ownership or quality.

Question 2

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

The metes and bounds method involves using compass directions and distances to describe the boundary of a parcel of land. This method is highly flexible and can accommodate irregular-shaped parcels that may not fit neatly into a rectangular or grid-based system like the government rectangular survey. The subdivision plat lot and block number method involves dividing land into smaller, typically rectangular parcels that are assigned identifying numbers or letters. This method is useful for planned developments or subdivisions, but may not be suitable for describing larger or irregular-shaped parcels. The tax parcel number is a unique identifier assigned by a taxing authority to a specific parcel of land for tax purposes, but does not provide descriptive information about the actual location or boundary of the property. Therefore, the best choice is A) metes and bounds.

Question 3

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

The subdivision plat lot and block number method of land description often includes information about easements and restrictive covenants that apply to the property. Metes and bounds and government rectangular survey typically do not provide this level of detail. Tax parcel number is simply a unique identifier for a specific parcel of land and does not include information about easements or restrictive covenants.

Question 4

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 requires only the grantor to be legally competent and of legal majority age, as they are the one conveying the interest in the real property. The grantee does not need to make any promises or be of legal majority age to receive the conveyance.

Question 5

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 promises that the grantor truly has good title and the right to convey it.

Question 6

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 states that 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. This is based on the common law tradition. The Statute of Frauds refers to the requirement for certain contracts, including real estate contracts, to be in writing to be enforceable. The habendum clause is a part of a deed that defines the type of interest being conveyed. Actual notice refers to a situation where a person has actual knowledge of a property interest, as opposed to constructive notice where knowledge can be imputed based on the public record.

Question 7

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 hereby grant, bargain, sell and convey unto..." is the words of conveyance in a deed, which communicate the type of deed being offered by the grantor. The recital of consideration refers to the statement of the price or other form of consideration for the transfer of the property, the covenants are promises made by the grantor regarding the state of the title, and the habendum clause defines the interest being conveyed. But the phrase "does hereby grant, bargain, sell and convey unto..." is specifically the words of conveyance.

Question 8

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 method of property description as it uses precise measurements and boundary markers to describe the boundaries of the property. This method is also typically used in legal documents such as deeds and surveys. Street addresses can be subject to change and may not accurately describe the entire parcel of land. Tax parcel numbers may change over time and may not provide enough detail about the boundaries of the property. Reference to prominent features of the land can be subjective and may not provide specific boundary information.

Question 9

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 requirement that contracts conveying real property interest must be in writing in order to be enforceable is a modern application of the Statute of Frauds. This statute, which has roots in English common law, requires certain types of contracts, including those related to real property, to be in writing to be enforceable.

Question 10

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

Providing a title insurance commitment is the most common and recommended method for a seller to prove ownership and clear title for a property in a real estate transaction. This commitment from a title insurance company is a guarantee to insure the buyer's title against any defects or issues that may arise in the future, providing peace of mind to both parties involved in the sale. A title abstract or attorney's opinion may also be provided, but these do not offer the same level of protection as title insurance. A seller's disclosure, while important, does not serve as evidence of title.

Question 11

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 occurs when a landowner induces another person to rely on her land, and that person acts in reliance on that inducement. In this case, the landowner giving permission to his neighbor to rely on sewer access or drainage across his or her land is inducing the neighbor to rely on his land, and the neighbor is acting in reliance on that inducement. Therefore, it can be considered an easement by estoppel.

Question 12

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 to be the highest quality deed because it provides the fullest set of legal promises and protections for the grantee. The grantor is promising that they own the property, have the right to convey it, and will defend the grantee against any and all defects in the title, even those that may have occurred before the grantor owned the property. This type of deed provides the greatest amount of assurance for the grantee.

Question 13

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.

Question 14

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

This is an example of adverse possession, where a person gains legal ownership of a property by occupying it continuously, openly, and notoriously for a certain period of time, without the permission of the original owner.

Question 15

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 government rectangular survey relies on townships and section numbers as essential units of identification. Metes and bounds describes a parcel by specifying its boundary lines with reference to landmarks or measures of distance and direction, subdivision plat lot and block number relies on the identification of specific lots within a larger tract, and tax parcel number relies on a unique identifier assigned to a specific parcel by the tax assessor.

Question 16

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 is created when it is necessary for a landlocked parcel to have access in order to be useful. This type of easement is implied by law and allows the landowner of the landlocked parcel to pass over a portion of the subdivision in order to reach a public road or highway. An easement by prior use requires that the landowner prove that there was a prior existing use to access the land, which may not be the case with a newly created landlocked parcel. An easement by estoppel requires that the landowner of the subdivision make a promise or representation to the landlocked property owner that they will have access, and then fails to follow through on that promise. Dedication refers to the process of donating land, typically for public use or utility purposes.

Question 17

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 set limits on how far back a title search must go by recognizing that only recent conveyances alter the status of title. This ensures that buyers can have confidence in their ownership of the property without having to search through an indefinite chain of ownership.

Question 18

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 defines or limits the type of interest being conveyed by stating the duration, quality, and extent of the interest being granted. The recital of consideration describes the amount paid for the property. Words of conveyance transfer ownership from the grantor to the grantee. A covenant is a promise or agreement contained in the deed.

Question 19

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 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

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:

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

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?

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 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:

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 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 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:

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?

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:

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:

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?

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?

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:

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

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?

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?