QUESTIONS AND SOLUTIONS RATED A+
✔✔A developer buys vacant land in the city and wants to put houses on it. How would
the subdivision be identified? - ✔✔Lots and blocks
✔✔Plat maps identify - ✔✔subdivisions with lots and blocks.
✔✔The lot and block reference in a legal description refers to: - ✔✔a recorded plat map
✔✔Lot & block - ✔✔is a recorded plat map
✔✔Special purpose deeds - ✔✔used for different purposes, to convey certain interests,
or by certain parties
✔✔Transfer tax - ✔✔state tax on conveyances based on price
✔✔WILLS - ✔✔last will and testament: voluntary transfer to heirs after death
maker: devisor or testator; heir: devisee; estate: devise
✔✔Types of will - ✔✔witnessed; holographic; approved; nuncupative
✔✔Validity - ✔✔Adult; competent; indicates "last will and testament"; signed; witnessed;
voluntary
✔✔Probate - ✔✔if testate, estate passes to heirs; if intestate, to successors by descent;
if intestate with no heirs, estate escheats to state or county
process: validate will; validate, settle claims and pay taxes; transfer balance of estate to
heirs.
✔✔INVOLUNTARY TITLE TRANSFER - ✔✔descent and escheat: no will
foreclosure: lose title by forfeiture
eminent domain: lose title to public for the greater good
adverse possession: by claim of right or color of title; continuous, notorious, hostile
possession; may have to pay taxes estoppel: barred by prior acts or claims
✔✔TITLE RECORDS - ✔✔all instruments affecting title must be recorded
give public notice; protect owners; protect lienholders' claims
✔✔Chain of title - ✔✔successive property owners from original grant to present owner
✔✔Recording system - ✔✔Local property recording system governed by state law.
Torrens registry: requires court action initially: legal title does not pass until recordation
occurs.
, ✔✔Title evidence - ✔✔needed to prove marketable title as well as who owns.
forms of evidence: Torrens; title insurance; attorney's opinion of abstract; title
certificates
✔✔Statutory deeds - ✔✔bargain and sale: "I own but won't defend" • general warranty:
"I own and will defend" • special warranty: "I own and warrant myself only" • quitclaim: "I
may or may not own, and won't defend"
✔✔Deed clauses and covenants - ✔✔• premises clause: granting • habendum clause:
type of estate • reddendum clause: restrictions • tenendum clause: other property
included • warrants: seizen; quiet enjoyment; further assurance; forever; encumbrances;
grantor's acts
✔✔ALSO Validity - ✔✔grantor, grantee, in writing, legal description, granting clause,
consideration, grantor's signature, acknowledgement, delivery and acceptance
✔✔DEEDS OF CONVEYANCE • Instruments of voluntary conveyance by grantor to
grantee Delivery and acceptance - ✔✔• legal title transfers upon competent grantor's
intentional delivery and grantee's acceptance; in Torrens, title transfers upon
registration
• Instruments of voluntary conveyance by grantor to grantee
✔✔Transferring title - ✔✔• voluntary by grant, deed, or will • involuntary by descent,
escheat, eminent domain, foreclosure, adverse possession, estoppel
✔✔Notice of title - ✔✔• how ownership is evidenced to the public
• actual notice: knowledge acquired or imparted directly through demonstrable
evidence, e.g., presenting or inspecting a deed, visiting a party in possession
constructive notice: knowledge one could or should have obtained, as presumed by law;
imparted by recording in public records "for all to see"
✔✔TITLE TO REAL ESTATE Legal and equitable title - ✔✔• legal title: ownership of the
bundle of rights
• equitable title: a conditional right to legal title subject to an owner's agreements with
buyers and creditors
✔✔Which of the following is accepted as proof of marketable title? - ✔✔Title insurance
policy--
Marketable title means that someone has clean ownership of a property and thus the
right to sell it to another. A trust deed secures a promissory note and pledges real
property as collateral for a loan. A warranty deed conveys ownership of property from
the grantor to the grantee, a title insurance policy discloses liens, clouds, and defects on
the title. An affidavit is nonspecific.