Describe the shaded property in the diagram by government rectangular survey

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Which of these is a widely used form of “evidence of title”?

 

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1i. Explain how title insurance works. What risks does it cover? Who pays, and when? What common exceptions does it make?

 

1ii.Which of these is not a requirement of a valid deed?

a.Competent grantor.

b.Competent grantee.

c.In writing.

d.Habendum clause.

e.Delivery.

 

2i.If a grantee obtains title insurance, what value, if any, is there in the covenant of seizin in a warranty deed?

 

2ii.The interest being conveyed by a deed is specified in the:

a.Words of conveyance.

b.Habendum clause.

c.Property description.

d.Exceptions and reservations clause.

e.Covenant of seizin.

 

3i.The use of Torrens certificates, never large in the United States, has diminished in recent years. Explain how marketable title laws, recently adopted in many states, might have made Torrens certificates less interesting and useful.

 

3ii.The “highest-quality” form of deed is the:

a.General warranty deed.

b.Special warranty deed.

c.Deed of bargain and sale.

d.Quitclaim deed.

e.Judicial deed.

 

4i. Name at least six adverse (conflicting) claims to property or other title defects that will not be evident from a search of property records but which might be detected by inspection of the property and its occupants.

 

4ii. A deed used mainly to clear up possible “clouds” or encumbrances to title (conflicting interests) is the:

a.General warranty deed.

b.Special warranty deed.

c.Deed of bargain and sale.

d.Quitclaim deed.

e.Judicial deed.

 

5i.Why might it be advisable to require a survey in purchasing a 20-year-old home in an urban subdivision?

 

5ii. If a landowner sells the front part of a parcel of land, retaining the back portion as a “landlocked” parcel, and if there is an existing informal path across the front parcel to the back one, the seller is likely to retain the path as a (an):

a.Easement in gross.

b.Joint driveway easement.

c.Implied easement by prior use.

d.Easement by estoppel.

e.Prescriptive easement.

 

6i.Describe the shaded property in the diagram by government rectangular survey.

 

6ii. If a neighboring landowner drives across a person’s land openly and consistently for a number of years, the neighbor may acquire an easement by:

a. Estoppels.

b.Implication.

c.Accretion.

d.Prescription.

e.Necessity.

 

7i. Some people in the real estate industry have suggested that it is good to require a title insurance commitment as evidence of title for rural property, but that it is satisfactory to use the less costly abstract with attorney’s opinion as evidence of title for a residence in an urban subdivision. Discuss the merits or risks of this policy.

 

7ii. If documents conveying interests in real property are properly recorded in the public records, they are binding or enforceable on all persons, regardless of whether those persons are aware of the documents, by the:

a.Statute of Frauds.

b.Recording statutes.

c.Doctrine of constructive notice.

d.Doctrine of actual notice.

e.Evidence of title acts.

 

8.Which of these is a widely used form of “evidence of title”?

a.Abstract of title.

b.Title insurance commitment.

c.Torrens certificate.

d.Title certificate.

e.General warranty deed.

 

9.The most common form of legal description for urban residential property is the:

a.Street address.

b.Tax parcel number.

c.Plat lot and block number.

d.Metes and bounds description.

e.Government rectangular survey.

 

10.Factors that make it uniquely difficult to establish clear title in real estate compared to most personal property items include:

a.Size of real estate.

b.Length of the ownership history in real estate.

c.Value of real estate.

d.Land use controls.

e.Serious deficiencies of property law in the United States.

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