Question 1

An acknowledgment on a deed:

Accepted Answer

A) Is a type of warranty. 
B) Is a notary verification. 
C) Cannot be placed on a quitclaim deed. 
D) Is assumed on a warranty deed. 
A) Is a type of warranty. 
B) Is a notary verification. 
C) Cannot be placed on a quitclaim deed. 
D) Is assumed on a warranty deed.

Question 2

Open and notorious possession requires the adverse possessor to give actual notice of possession to the title holder.

Accepted Answer

A) True 
 B)False

Question 3

David and Veronica Allen bought land in Independence, Missouri, during 1994 for $22,000. In January 1998, they listed it for sale with a broker, Chuck Zuvers, asking $88,000. The property remained on the market until May 1999, when Thomas C. Scott contracted to buy it for $90,000. Scott signed the sales contract as "Thomas C. Scott, or assigns" because he was organizing Scott, Hewitt & Mize as a limited liability company and wanted the land deeded to the firm.
At closing, and following Scott's instruction, the Allens deeded the property to "Scott, Hewitt & Mize, LLC." Although Scott and his partners had filed articles of organization for Scott, Hewitt & Mize with the Secretary of State before closing, the Secretary of State rejected the articles because of errors contained in them. Scott corrected the errors, and the Secretary of State issued a certificate of organization to Scott, Hewitt & Mize nine days after closing.
-The contract between the Allens and Thomas C. Scott:

Accepted Answer

A) Is invalid because the LLC was not formed. 
B) Is valid because the contract is with "Thomas C. Scott or assigns". 
C) Is invalid because Thomas C. Scott cannot assign a personal right such as this to another party. 
D) Is voidable by the Allens. 
A) Is invalid because the LLC was not formed. 
B) Is valid because the contract is with "Thomas C. Scott or assigns". 
C) Is invalid because Thomas C. Scott cannot assign a personal right such as this to another party. 
D) Is voidable by the Allens.

Question 4

Assume the following sequence of events:
Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - B records
Day 4 - O conveys to C (bfp)
Day 5 - A records
Day 6 - C records
Under a race notice statute, who has title?

Accepted Answer

A)  A 
B)  B 
C)  C 
A)  A 
B)  B 
C)  C

Question 5

Adverse possession:

Accepted Answer

A)  Occurs when someone pays the property taxes for the adverse possession period. 
B)  Can occur even when a license for use is given. 
C)  Is illegal in most states. 
D)  Cannot exist unless there is an underlying dispute between landowners. 
A)  Occurs when someone pays the property taxes for the adverse possession period. 
B)  Can occur even when a license for use is given. 
C)  Is illegal in most states. 
D)  Cannot exist unless there is an underlying dispute between landowners.

Question 6

​Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?

Accepted Answer

​Students should discuss the d

Question 7

An acknowledgement on a deed means that the signatures of the grantor(s) have been notarized.

Accepted Answer

A) True 
 B)False

Question 8

David and Veronica Allen bought land in Independence, Missouri, during 1994 for $22,000. In January 1998, they listed it for sale with a broker, Chuck Zuvers, asking $88,000. The property remained on the market until May 1999, when Thomas C. Scott contracted to buy it for $90,000. Scott signed the sales contract as "Thomas C. Scott, or assigns" because he was organizing Scott, Hewitt & Mize as a limited liability company and wanted the land deeded to the firm.
At closing, and following Scott's instruction, the Allens deeded the property to "Scott, Hewitt & Mize, LLC." Although Scott and his partners had filed articles of organization for Scott, Hewitt & Mize with the Secretary of State before closing, the Secretary of State rejected the articles because of errors contained in them. Scott corrected the errors, and the Secretary of State issued a certificate of organization to Scott, Hewitt & Mize nine days after closing.
-A deed contained the language, "I, Jacob Smith, of Washington County, warrant and defend unto Christina Smith ... the following real estate ..." Although the deed included all the necessary requirements, the parties are now unclear as to the type of deed given and what warranties, if any, were given. Which of the following statements is correct?

Accepted Answer

A) This is a general warranty deed. 
B) This is a special warranty deed. 
C) This is a quitclaim deed. 
D) This is not a deed because there is no language of conveyance. 
A) This is a general warranty deed. 
B) This is a special warranty deed. 
C) This is a quitclaim deed. 
D) This is not a deed because there is no language of conveyance.

Question 9

Livery of seisin was a ceremony of transfer of land title.

Accepted Answer

A) True 
 B)False

Question 10

Constructive delivery:

Accepted Answer

A)  Is delivery to the grantee. 
B)  Is not a valid form of delivery. 
C)  Occurs when a third party is involved in delivery. 
D)  Can be done by a third party after the death of the grantor. 
A)  Is delivery to the grantee. 
B)  Is not a valid form of delivery. 
C)  Occurs when a third party is involved in delivery. 
D)  Can be done by a third party after the death of the grantor.

Question 11

The presence of eccentric habits will serve to establish the lack of mental capacity for a deed.

Accepted Answer

A) True 
 B)False

Question 12

Establishing undue influence requires:

Accepted Answer

A)  Proof of lack of mental capacity. 
B)  Proof of a confidential relationship. 
C)  Proof of a fiduciary relationship. 
D)  Proof of intent to defraud. 
A)  Proof of lack of mental capacity. 
B)  Proof of a confidential relationship. 
C)  Proof of a fiduciary relationship. 
D)  Proof of intent to defraud.

Question 13

The tract index allows users to track title through the tract itself and not through transfers.

Accepted Answer

A) True 
 B)False

Question 14

Thelma Gregor says that she recorded her deed on her property in 1945. The city of Fairbanks is unable to locate any evidence of recording, but also notes that a records page that listed recorded deeds is missing from one of the 1945 record books. The original owner of the property has since died. Thelma wants to know if she still owns her property.

Accepted Answer

A) Thelma owns her property through adverse possession. 
B) If Thelma does not have a deed, she cannot own the property. 
C) Thelma does not own the property because there is no public record of her ownership. 
D) Thelma will own the property if she gets another deed, signs it herself, and records it. 
A) Thelma owns her property through adverse possession. 
B) If Thelma does not have a deed, she cannot own the property. 
C) Thelma does not own the property because there is no public record of her ownership. 
D) Thelma will own the property if she gets another deed, signs it herself, and records it.

Question 15

Day 1 - O conveys to A (bfp)
Day 2 - O conveys to B
Day 3 - O conveys to C (bfp)
Day 4 - B records
Day 5 - A records
Day 6 - C records
Under a notice statute, who has title?

Accepted Answer

A)  A 
B)  B 
C)  C 
A)  A 
B)  B 
C)  C

Question 16

The Kapinskis owned and occupied lot 18 from 1935 to 1950 in a state in which the adverse possession period is 25 years. In 1950, the lot was conveyed to the Wyroskis. The Laurins purchased lot 19 in 1954. The lots were the sites of summer homes. A row of lilac bushes had always marked the boundary between lots 18 and 19, and the Kapinskis and Wyroskis put in and maintained a lawn and flower bed that bordered the lilacs. A boathouse for lot 18 was also located next to the lilac bushes. The boundary line as marked by the lilac bushes was incorrect and the bushes were actually located on the Laurins' lot. The result was that the incorrect boundary expanded the size and boundaries of the Wyroski lot. In 1961, the Laurins bought an action to quiet title.
-With regard to the lilac bushes:

Accepted Answer

A) Their presence is not enough to establish an adverse claim. 
B) Because the boundary was mutually used, there can be no adverse use. 
C) The lilac bush fence is sufficient for a claim of adverse possession. 
D) Adverse possession is not possible when the possession results from an error and not willful possession. 
A) Their presence is not enough to establish an adverse claim. 
B) Because the boundary was mutually used, there can be no adverse use. 
C) The lilac bush fence is sufficient for a claim of adverse possession. 
D) Adverse possession is not possible when the possession results from an error and not willful possession.

Question 17

Acceptance:

Accepted Answer

A)  Is not required for a valid gift. 
B)  Is required for a valid conveyance by deed. 
C)  Is set aside for gifts in contemplation of death. 
D)  Requires mental capacity. 
A)  Is not required for a valid gift. 
B)  Is required for a valid conveyance by deed. 
C)  Is set aside for gifts in contemplation of death. 
D)  Requires mental capacity.

Question 18

Summary of transfers and recording:
Day 1 0 → A
Day 2 0 → B (bfp)
Day 3 B records
Day 4 A records
-In a race/notice state, who would take title to the property?

Accepted Answer

A) A 
B) B 
A) A 
B) B

Question 19

A sheriff's deed is an example of a judicial deed.

Accepted Answer

A) True 
 B)False

Question 20

The habendum is the clause with the words of conveyance.

Accepted Answer

A) True 
 B)False

An acknowledgment on a deed:

Open and notorious possession requires the adverse possessor to give actual notice of possession to the title holder.

Assume the following sequence of events: Day 1 - O conveys to A (bfp) Day 2 - O conveys to B Day 3 - B records Day 4 - O conveys to C (bfp) Day 5 - A records Day 6 - C records Under a race notice statute, who has title?

Adverse possession:

Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?

An acknowledgement on a deed means that the signatures of the grantor(s) have been notarized.

Livery of seisin was a ceremony of transfer of land title.

Constructive delivery:

The presence of eccentric habits will serve to establish the lack of mental capacity for a deed.

Establishing undue influence requires:

The tract index allows users to track title through the tract itself and not through transfers.

Day 1 - O conveys to A (bfp) Day 2 - O conveys to B Day 3 - O conveys to C (bfp) Day 4 - B records Day 5 - A records Day 6 - C records Under a notice statute, who has title?

Acceptance:

Summary of transfers and recording: Day 1 0 → A Day 2 0 → B (bfp) Day 3 B records Day 4 A records -In a race/notice state, who would take title to the property?

A sheriff's deed is an example of a judicial deed.

The habendum is the clause with the words of conveyance.

Sources of Real Estate Law

Land Interests: Present and Future

Extent of Real Estate Interests

Nonpossessory Interests in Real Estate

Fixtures

Liens

Describing Land Interests

Co-Ownership of Real Estate

The Landlord-Tenant Relationship

Commercial Leases

Real Estate Communities: Multiunit Interests and Owners Associations

The Brokers Role in the Transfer of Real Estate

The Purchase Contract

Financing in the Transfer of Real Estate

Closing the Deal

Transferring Real Estate After Death: Wills, Estates, and Probate

Zoning

Constitutional Issues in Real Estate

Environmental Regulation and Sustainability

Legal Issues in Land and Economic Development

Tax Aspects of Real Estate Ownership and Transfer

Filters

Exam 14: Methods of Transfer and Conveyance in Real Estate

An acknowledgment on a deed:

Open and notorious possession requires the adverse possessor to give actual notice of possession to the title holder.

Assume the following sequence of events: Day 1 - O conveys to A (bfp) Day 2 - O conveys to B Day 3 - B records Day 4 - O conveys to C (bfp) Day 5 - A records Day 6 - C records Under a race notice statute, who has title?

Adverse possession:

​Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?

An acknowledgement on a deed means that the signatures of the grantor(s) have been notarized.

Livery of seisin was a ceremony of transfer of land title.

Constructive delivery:

The presence of eccentric habits will serve to establish the lack of mental capacity for a deed.

Establishing undue influence requires:

The tract index allows users to track title through the tract itself and not through transfers.

Day 1 - O conveys to A (bfp) Day 2 - O conveys to B Day 3 - O conveys to C (bfp) Day 4 - B records Day 5 - A records Day 6 - C records Under a notice statute, who has title?

Acceptance:

Summary of transfers and recording: Day 1 0 → A Day 2 0 → B (bfp) Day 3 B records Day 4 A records -In a race/notice state, who would take title to the property?

A sheriff's deed is an example of a judicial deed.

The habendum is the clause with the words of conveyance.

Sources of Real Estate Law

Land Interests: Present and Future

Extent of Real Estate Interests

Nonpossessory Interests in Real Estate

Fixtures

Liens

Describing Land Interests

Co-Ownership of Real Estate

The Landlord-Tenant Relationship

Commercial Leases

Real Estate Communities: Multiunit Interests and Owners Associations

The Brokers Role in the Transfer of Real Estate

The Purchase Contract

Financing in the Transfer of Real Estate

Closing the Deal

Transferring Real Estate After Death: Wills, Estates, and Probate

Zoning

Constitutional Issues in Real Estate

Environmental Regulation and Sustainability

Legal Issues in Land and Economic Development

Tax Aspects of Real Estate Ownership and Transfer

Filters

Adams, a successful attorney with many land holdings, executes a deed transferring title to a piece of property to his daughter. The deed is not recorded but is placed in Adams' safe deposit box at the bank. Who has title?