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B

1. The title to real estate passes when a
valid deed is
a. signed and recorded.
b. delivered and accepted.
c. filed and microfilmed.
d. executed and mailed.

B

2. The primary purpose of a deed is to
a. prove ownership.
b. transfer title rights.
c. give constructive notice.
d. prevent adverse possession.

A

3. A special warranty deed differs from a
general warranty deed in that the
grantor's covenant in the special
warranty deed
a. applies only to a definite limited time.
b. covers the time back to the original title.
c. is implied and is not written in full.
d. protects all subsequent owners of the property.

D

4. The law that requires transfers of real
property ownership to be in writing is
the
a. parol evidence rule.
b. statute of limitations.
c. rule of civil procedure.
d. statute of frauds.

D

5. A third party holds title to property on
behalf of someone else through the
use of a
a. devise.
b. quitclaim deed.
c. bequest.
d. trust deed.

B

6. In a real estate transaction, any
transfer taxes that are due are usually
the responsibility of the
a. buyer.
b. seller.
c. escrow agent.
d. licensee.

C

7. Title to real estate that is inherited
from a person who died intestate is
referred to as a
a. legacy.
b. bequest.
c. devise.
d. demise.

A

8. Which of the following documents is
signed by the owner of the real estate?
a. A gift deed
b. A trustee's deed
c. A reconveyance deed
d. A tax deed

B

9. Which of the following deeds contains
no expressed or implied warranties?
a. A bargain and sale deed
b. A quitclaim deed
c. A warranty deed
d. A grant deed

D

10. Which of the following is NOT required for a deed to be valid?
a. Date
b. Legal description
c. Name of the grantee
d. Signature of the grantee

B

11. The reversion of real estate to the
state because of its lack of heirs or
other persons legally entitled to own
the property is called
a. eminent domain.
b. escheat.
c. attachment.
d. estoppel.

C

12. What is the purpose of the
acknowledgment by a notary public
on a deed?
a. To make the deed eligible for
recording
b. To assure that the title is valid
c. To show the genuineness of the
grantor's signature
d. To prove that the property has
not been encumbered

C

13. P owns a one-quarter undivided interest in a parcel of land, and he wants his interest transferred to his sister E. As a general rule, which of the following actions will transfer P's undivided interest out of his name?
a. The redemption from a
foreclosure sale
b. The making and the signing of a
will
c. The delivery of the deed during
the owner's lifetime
d. The acceptance by signature of
an offer to purchase

D

14. A valid will devises the decedent's real estate after the payment of all debts,
claims, inheritance taxes and expenses through the
a. administrator of the estate.
b. law of testate succession.
c. granting clause established in the will.
d. court action known as probate.

C

15. When the grantor does not wish to
convey certain property rights, he or she
a. must note the exceptions in a
separate document.
b. may not do so, as the deed
conveys the entire premises.
c. may note the exceptions in the
deed of conveyance.
d. must convey the entire premises
and have the grantee reconvey
the rights to be retained by the
grantor.

B

16. F bought acreage in a distant county,
never went to see it, and did not use it,
although he regularly paid the real
estate taxes on it. L moved his mobile
home onto F's property, drilled a well
for water, and lived there for many
years. L may have become the owner
of the acreage if he has complied with
the state laws regarding

a. intestate succession.
b. adverse possession.
c. the statute of frauds.
d. the statute of limitations.

C

17. In which of the following situations
would a quitclaim deed be the most appropriate type of deed to use?

a. To convey a marketable title
b. To release a nominal real estate
interest
c. To remove a cloud on title
d. To warrant that a title is valid

D

18. The condemnation of private property
for public use is exercised under the government right of

a. taxation.
b. escheat.
c. manifest destiny.
d. eminent domain.

C

19. A trespasser built a log cabin in a
national park and occupied the structure for over 15 years. That person will never be able to claim the property under adverse possession
statutes because
a. the possession was not
"notorious."
b. the possession was not "hostile."
c. the property was not privately
owned.
d. the property was not properly
fenced.

B

20. Grantee is to a deed as devisee is to a

a. trust.
b. will.
c. estate.
d. leasehold.

C

21. Which of the following is NOT true about adverse possession ?

a. The person taking possession of the property must do so without its owner's consent.
b. Occupancy of the property must be continuous over a specified period of time.
c. The person taking possession must compensate the owner at the end of the possessory period.
d. The person taking possession may become the owner of the property.

B

22. Which of the following would NOT transfer property upon the owner's death?

a. By devise
b. By dedication
c. By descent
d. By escheat

A

23. A deed must be signed by the

a. grantor.
b. grantee.
c. grantor and grantee.
d. grantee and two witnesses.

A

24. Normally a deed will be considered valid even if
a. it is signed by an attorney-in-fact rather than the seller.
b. the grantor is not a legal entity.
c. the grantor is a minor.
d. the grantor did not deliver the deed.

A

25. In order for a deed to be valid

a. the grantor must be legally competent.
b. the signature of the grantor must be witnessed.
c. the deed must be recorded.
d. the grantee must sign the deed.

D

26. The seller conveyed a quitclaim deed to the buyer. Upon receipt of the deed, the buyer may be certain that

a. the seller owned the property.
b. there are no encumbrances against the property.
c. the buyer now owns the property subject to certain claims of the seller.
d. all of the seller's interests in the property belong to the buyer.

D

27. The type of deed in which the grantor defends the title back to its beginning is a

a. trustee's deed.
b. quitclaim deed.
c. special warranty deed.
d. general warranty deed.

D

28. Which of the following is true regarding a special warranty deed?

a. The grantor is making additional warranties beyond those given in a warranty deed.
b. The grantor retains an interest in the ownership.
c. The grantor is warranting that no encumbrances exist against the property.
d. The grantor's warranties are limited to the time the grantor owned the property

B

29. Two people own a building as joint tenants with right of survivorship. One of the tenants dies intestate. The other tenant now owns the building

a. as a joint tenant with right of survivorship.
b. in severalty.
c. in absolute ownership under the law of descent.
d. subject to the terms of the deceased's will.

B

30. A single person owned a parcel of land. Subsequent to the owner's death the probate court determined the distribution of the land in accordance with the state's statutes. This person
a. died testate.
b. died intestate.
c. was the devisee.
d. was the grantee.

C

31. Which of the following is an involuntary alienation of property?

a. Quitclaim
b. Inheritance
c. Eminent domain
d. Gift

C

32. The type of deed in which the granting clause states "grant, bargain and sell" or "convey and warrant" is a

a. special warranty deed.
b. bargain and sale deed.
c. general warranty deed.
d. reconveyance deed.

A

33. The type of deed in which the granting clause states "remise, release, alienate and convey" is a

a. special warranty deed.
b. bargain and sale deed.
c. quitclaim deed.
d. sheriff's deed.

D

34. A grantor does not wish to be responsible for defects in the title that arise from previous owners but will guarantee the title for the time the grantor has the ownership. What type of deed would the grantor convey?

a. Bargain and sale deed
b. Quitclaim deed
c. Reconveyance deed
d. Special Warranty deed

C

35. Which of the following is an example
of involuntary alienation?

a. Selling a property to pay off
debts
b. Giving a piece of land to the zoo
c. Having a piece of land sold for
delinquent taxes
d. Letting another person plant
crops on an unused portion of a
piece of land

C

36. The clause in the deed that conveys
the rights and privileges of ownership
is called the

a. habendum clause.
b. appurtenance clause.
c. granting clause.
d. acknowledgment.

A

37. Which of the following deeds can be
executed without subjecting the
grantor to legal warranties?

a. Quitclaim
b. Bargain and sale
c. Trust
d. Trustee's deed

B

38. The deed that "grants and releases"
and implies that the grantor has title
is a

a. special warranty deed.
b. bargain and sale deed.
c. quitclaim deed.
d. trust deed.

D

39. The deed states that the grantor is
conveying all rights and interests of
the grantor to have and to hold by the
grantee. This is the

a. acknowledgment clause.
b. restriction clause.
c. covenant of seizen.
d. habendum clause.

B

40. What will happen to the real estate if
the deceased owner did not write a will
and has no heirs?
a. The ownership will pass by devise.
b. The ownership will escheat.
c. The courts will seize the
ownership.
d. The ownership will revert to the
previous owner.

C

41. Under the terms of a trust established
by a will, the trustee is required to sell
the real estate the trust holds. The deed that will be delivered at
settlement is a
a. deed of release.
b. warranty deed.
c. trustee's deed.
d. trustor's deed.

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