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Exam 8: Deeds

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Question 21

Multiple Choice

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Which of the following deed covenants run with the land and is/are enforceable by any owner of the land?

A) Covenant of quiet enjoyment
B) Covenant of further assurance
C) Covenant of warranty
D) All of the above

E) A) and D)
F) B) and C)

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Question 22

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Deeds are generally signed only by the grantor.

A) True
B) False

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Question 23

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Acceptance by the grantee of a corrective deed is admission of the error found in the original deed.

The doctrine of caveat emptor (let the buyer beware) applies to the law of real property transfers.

Which of the following is generally not a requirement for a valid deed?

A deed need not have consideration to be valid.

A quitclaim deed contains no covenants or warranties of title.

A deed, once signed by the grantor, conveys ownership of the property to the grantee.

Which of the following deed covenants can only be enforced by the owner of the property against the person who gave the property to him or her?

There is an implied warranty of title in all real property transfers.

A deed that covenants against the lawful claims of people claiming by, through, or under the grantor is known as a quitclaim deed.

Acme Land Company sold a lakefront lot to Sarah Farris. The date of the sale was July 30,2013. Acme transferred the lot to Sarah by a limited warranty deed. The deed warranted that the property was free of liens and encumbrances. Acme had owned the lot since March 10, 2007. After the sale, when Sarah was seeking a mortgage loan to build a home on the lot, Sarah discovered that the lot was encumbered by an easement for general public access to the lake. The easement was created in April 2004 by a previous owner of the lot. The easement reduced the size of the lot for building purposes and reduced its value. Can Sarah sue Acme for breach of a deed warranty?

Which of the following presumptions is incorrect?

Naomi signed, delivered and recorded a deed to a vacation home, transferring the home to her former college roommate Jill. A year after the deed was recorded, Naomi needed money and asked Jill to give the home back to her. Jill agreed and she returned the original deed signed by Naomi to her. Does Naomi now own the vacation home?

A warranty contained in a general warranty deed that the land is unencumbered is known as the "covenant of quiet enjoyment."

An oral deed is enforceable.

Which of the following covenants is not/are not found in a quitclaim deed?

The grantee of a deed is a competent witness to the grantor's signature of a deed.

John, as grantor, signed a deed for some farmland to his best friend William, as grantee. John did not give the deed to William but instead kept it with his private papers in his bank safety deposit box. Does William own the farmland described in the deed? Explain your answer.

A warranty contained in a general warranty deed that the land is unencumbered is known as the "covenant of seisin."