Transferring & Recording Title to Real Estate

Chapter6

____ clause that describe the details of the transfer.

Conveyance

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A clause that recites restrictions and limitations to the estate being conveyed

Reddendum

A clause that identifies property being conveyed in addition to land

Tenendum

Assures that the grantor owns the estate to be conveyed, and has the right to do so.

Warrant of seisin

To be marketable, title must be

it must be free of undisclosed defects and encumbrances.

The following are the principal forms of evidence that an owner can use to support assurances, except?

hazard insurance declaration

Mr. Brown wants to transfer title of his house to his nephew. Mr. Brown lives in a state that uses the Torrens system. He delivers the deed to his nephew and sometime in the future will register the deed on the certificate of title. Does his nephew own the property now?

No, he does not. The deed must be registered on the certificate of title in order for the property to be owned by his nephew

If a seller lends money to a buyer for the purchase of a house for a period of 5 years with the expectation of payments on the loan, what kind of title does the seller retain during this period?

A transfer of title has occurred using a written instrument. What is this transfer called?

conveyance

The only required clause in a deed of conveyance is one that

states the grantor's intention, names the parties, describes the property, and indicates a consideration.

A real estate agent calls her client and says that the title to the property she wants to buy has been found to be clouded. This can mean all of the following, except:

the title has been recorded.

Your client, John, has had an agreement with the owner of the property where he resides for the past 7 years. The agreement stated that John was to pay a certain amount of money monthly for 7 years, after which John would own the house. John has made every payment on time. What is John entitled to now?

legal title

Brendan's father passed away earlier in the year. The executor of the estate wants to convey the property to Brendan. How can he do so?

via a personal representative's deed

Ownership of legal title is a function of what?

evidence

A hermit secretly lives in a cave on a 200-acre property. After twenty years, the person makes a claim of ownership to the property. This claim will likely be

declined because possession was secretive.

All of the following are ways in which title transfer can occur involuntarily, except?

will

Which of the following statements is most accurate regarding deed validity?

recording is not necessary to make a deed valid

A person claims ownership of a parcel of real estate to a prospective buyer, stating that she has lived on the property for five years and nobody has ever bothered her. The claimant also shows the buyer a copy of the deed. The legal basis of this claim is referred to as

actual notice

A person claims ownership of a parcel of real estate to a prospective buyer, stating that she has lived on the property for five years and nobody has ever bothered her. The claimant also shows the buyer a copy of the deed. The legal basis of this claim is referred to as

actual notice

Why would somebody need to go to probate court?

To deal with matters concerning a will, or lack thereof

If a person having several heirs dies intestate, the property will

pass to his or her heirs.

Stefani has been living in her new house for 3 months. Jonathan thought the house was still unoccupied and goes to the house to take a look at the property. Once he arrives he realizes that Stefani lives in the property and she tells him she is the new owner. What has Jonathan obtained by this experience?

Jonathan has obtained actual notice of Stefani's ownership.

A person claims ownership of a parcel of real estate to a prospective buyer, stating that she has lived on the property for five years and nobody has ever bothered her. The claimant also shows the buyer a copy of the deed. The legal basis of this claim is referred to as

actual notice

A one-time tax levied on a property for purposes of recording a transaction is called

a documentary stamp tax

When does a buyer or lender own equitable title to the property?

during the contractual period of time when ownership of legal title is contingent upon the contract.

Just prior to passing away, a person tells two witnesses that she would like her estate to pass to her husband. One witness records the statement and signs his name. This is an example of

an unenforceable nuncupative will.

The following are the principal forms of evidence that an owner can use to support assurances, except?

hazard insurance declaration

How does a living owner make a private grant?

by means of a deed

Who regulates all forms of involuntary alienation?

state law

How can a grantee's acceptance be proved valid?

the grantee must have physical possession of the deed

All of the following are ways in which title transfer can occur involuntarily

descent, escheat, foreclosure, eminent domain, adverse possession, and estoppel.