Chapter 5—Transferring Title
MULTIPLE CHOICE
1. A deed is
a.
the only way to transfer title to land.
b.
the most commonly used means of land title conveyance.
c.
a recorded instrument.
d.
valid for a predetermined period of time.
2. A grantor warrants the extent and quality of title by using a
a.
trust deed.
b.
bargain and sale deed.
c.
warranty deed.
d.
quit claim deed.
3. What basic principle is involved in the requirement that a real property contract must be in writing to
be valid?
a.
Bill of sale
b.
Statute of Frauds
c.
Uniform Commercial Code
d.
Statue of Limitations
4. Title to real property passes to the grantee at the time the deed is
a.
written.
b.
delivered and accepted.
c.
executed.
d.
notarized.
5. A deed, which is properly completed and delivered but lacks the grantee’s signature is
a.
invalid until the grantee signs.
b.
invalid until recorded.
c.
valid if the grantee is identified.
d.
void.
6. To properly convey title to land and its building, a deed must describe the
a.
land.
b.
buildings.
c.
appurtenances.
d.
easements.
7. The words “grant and release” in a deed are words of
a.
conveyance.
b.
covenant.
c.
acknowledgement.
d.
alienation.
8. The covenant, which states that the grantor is the owner and has the right to convey, is called the
covenant of
a.
quiet enjoyment.
b.
seisen.
c.
further assurance.
d.
encumbrances.
9. The following are necessary to make a deed valid EXCEPT
a.
a competent grantor.
b.
covenants.
c.
a granting clause.
d.
a property description.
10. The covenant of seizen warrants that one is
a.
the lawful owner.
b.
a lessee.
c.
a trespasser.
d.
acquiring ownership by adverse possession.
11. Title to real property will most likely transfer when the deed is
a.
delivered but not signed.
b.
signed by the grantor but not delivered.
c.
recorded but not delivered.
d.
executed and recorded.
12. The covenant whereby the grantor guarantees that there are no tax liens, mortgages or assessments,
except as stated in the deed, is called the covenant
a.
of seizen.
b.
of quiet enjoyment.
c.
against encumbrances.
d.
of further assurance.
13. The actual passage of title occurs when the deed is
a.
acknowledged and recorded.
b.
signed and acknowledged.
c.
delivered and accepted.
d.
executed by the grantor.
14. Which deed form gives the most guarantee and security to the grantee?
a.
Special warranty deed
b.
Grant deed
c.
General warranty deed
d.
Quitclaim deed
15. Compared to a warranty deed, the covenants and warranties found in a grant deed are
a.
fewer in number.
b.
broader in coverage.
c.
more restrictive.
d.
greater in number.
16. How many covenants does a bargain and sale deed contain?
a.
None
b.
Two
c.
Three
d.
Five
17. A deed which does not imply that the grantor owns title is a
a.
general warranty deed.
b.
special warrant deed.
c.
bargain and sale deed.
d.
quitclaim deed.
18. Covenants or warranties are found in all of the following EXCEPT
a.
special warrant deeds.
b.
quitclaim deeds.
c.
general warranty deeds.
d.
grant deeds.
19. A person owns property in severalty. He dies testate so the property
a.
is acquired by the surviving joint tenant.
b.
is probated and distributed according to the will.
c.
escheats to the state.
d.
is distributed equally among his relatives.
20. A person who makes a will is called
a.
a devisee.
b.
a testator.
c.
a legatee.
d.
an executor.
21. A person appointed by a court to settle the estate of a deceased person who died intestate is
a.
an executor.
b.
a legatee.
c.
an administrator.
d.
a devisor.
22. Which of he following would defeat a claim of adverse possession?
a.
A permission to enter
b.
Exclusive occupancy
c.
Visible possession
d.
Continuous possession
23. An unwitnessed handwritten will is called a
a.
poor man’s will.
b.
codicil.
c.
personal will.
d.
holographic will.
24. A landowner can break an adverse claim by all of the following EXCEPT
a.
forcibly removing the adverse occupant.
b.
giving the adverse occupant permission to stay.
c.
preventing the trespassers from entering.
d.
observing the adverse occupant.
25. That which gives the appearance of title, but is not in fact title is
a.
cloud of title.
b.
color of title.
c.
burden of title.
d.
unlawful.
26. When land is gradually added to an existing parcel by the action of water, the process is called
a.
avulsion.
b.
accretion.
c.
erosion.
d.
reliction.
27. Which of the following would NOT involve the documented transfer of title?
a.
Avulsion
b.
Eminent Domain
c.
Adverse possession
d.
Foreclosure
28. Which of the following is a result of one’s land area being increased by receding water?
a.
Reliction
b.
Alluvion
c.
Avulsion
d.
Erosion
29. In most subdivisions, the developer donates to the public
a.
streets and roads.
b.
common areas in the subdivision.
c.
park lands.
d.
school land.
30. One can transfer title to real property by all of the following EXCEPT
a.
quitclaim deed.
b.
deed to a minor.
c.
alienation.
d.
trust deed.
TRUE/FALSE
1. A gift deed conveys legal title.
2. In real estate, the word “convey” means to transfer.
3. The person giving up ownership is called the grantee.
4. The grantee’s signature is required in a deed.
5. For a deed to convey title to real property, it must contain the legal description of the property.
6. The signature of the grantor is required in most states for any deed to be valid.
7. Because it is implied, a granting clause is not necessary in most states for a deed to be valid.
8. The covenant which promises that the grantor will execute any instruments necessary to protect the
grantee’s title is the covenant against encumbrances.
9. For land title to be passed, the deed must be recorded.
10. A general warranty deed protects the grantee against future problems with the grantee’s title that
occurred before transfer.
11. Sylvia, as executor of a relative’s estate, realized that she had no authority to warrant and defend the
acts of previous title holders when conveying the property to the new owners. She would probably use
a special warranty deed.
12. A special warranty deed places the least obligations on the grantor.
13. Elaine wants to leave her real estate to her nephew, Farquart, but desires the flexibility to change her
mind in the future. She can accomplish this goal with a joint tenancy with her nephew.
14. A forged deed could result in a valid conveyance of title.
15. A legal process of acquiring additional property that is added to property already owned is called
accession.
16. A transfer of land by a private party to a government entity is called a public grant.
17. A change in ownership of any kind is known as a forfeiture of title.
18. When an adverse claimant tacks on his period of possession to that of a prior adverse occupant, this is
called tacking.
19. An oral will, more properly known as a nuncupative will, is a will spoken by a person who is very near
death.
20. A holographic will is a typed or preprinted will.
COMPLETION
1. The actual act of conveying ownership is known as a ____________________.
2. In addition to a grantor, grantee, land description, consideration and grantor signature, for a deed to
convey ownership, there must be ____________________ and ____________________.
3. The deed from that is considered to be the best for the buyer is the _________________________
deed.
4. The “To have and to hold clause” is also known as the ____________________ clause.
5. In a _________________________ deed, the grantor warrants the property’s title only against defects
occurring during the grantor’s ownership and not against defects existing before that time.
6. In a ____________________ deed, if the grantor has no interest, right or title to the property described
in the deed, none is conveyed to the grantee.
7. If a person dies without leaving a last will and testament she is said to have died
____________________.
8. Real property that is willed is known as a ____________________ and the recipient is the
____________________.
9. A ____________________ will is a will that is entirely handwritten, with no typed or preprinted
words.
10. Through the unauthorized occupation of another person’s land for a long enough period of time, it is
possible to acquire ownership by _________________________.
MATCHING
Choose the one most appropriate answer for each.
a.
accretion
k.
deed
b.
adverse possession
l.
easement by prescription
c.
alienation of title
m.
grant
d.
alluvion
n.
grantor
e.
bargain and sale deed
o.
holographic will
f.
cloud on the title
p.
intestate
g.
color of title
q.
quitclaim deed
h.
consideration
r.
special warranty deed
i.
covenants and warranties
s.
statute of frauds
j.
dedication
t.
warranty deed
1. a written document that when properly executed and delivered conveys tile to land
2. requires that transfers of real estate be in writing
3. the act of conveying ownership
4. anything of value given to produce a contract
5. promises and guarantees found in a deed
6. any claim, lien, or encumbrance that impairs title to property
7. a deed that contains the covenants of seizen, quiet enjoyment, encumbrances, further assurance, and
warranty forever
8. a deed that contains no covenants; it only implies that the grantor owns the property described in the
deed
9. a deed with no covenants and no implication that the grantor owns the property
10. to die without a will
11. a will written entirely in one’s own handwriting and signed but not witnessed
12. acquisition of real property through prolonged and unauthorized occupation
13. some plausible but not clear-cut indication of ownership
14. acquisition of an easement by prolonged use
15. waterborne soil deposited to produce firm, dry ground
16. person named in a deed who conveys ownership
17. private land voluntarily donated for use by the public
18. the process of land build-up due to the gradual accumulated of rock, sand, and soil
19. a change in ownership of any kind
20. grantor warrants title only against defects occurring during the grantor’s ownership