Property Law Keyed to Cribbetback
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A landowner gave his lawyer a power of attorney containing a provision that specifically authorized the lawyer to sell and convey any part or all of the landowner’s real property. The lawyer conveyed part of the landowner’s land to a developer by deed in the customary form containing covenants of title. The developer sues the landowner for breach of a covenant.
The outcome of the developer’s suit will be governed by whether:CorrectIncorrect
A mother properly executed a deed, purporting to convey a parcel of land to her son. The mother gave the deed to her son for his birthday. A week later, the son decided that he should not have accepted such an expensive gift and told his mother so, suggesting that she devise the land to him by will rather than by deed. Instead, the mother executed a will, devising the land to ”my son and daughter, share and share alike.” Two years later, the mother died. The next day, the son found the deed in his desk drawer and recorded it.
Who has title to the land?CorrectIncorrect
A granted a right of way to Waterco to run a pipe across the yard behind his house. The grant was in the form of a written deed that was properly recorded by Waterco. A sold his house to B, who sold it to C, who sold the house to D. B, C, and D recorded their interests without mentioning the right of way. D asked his attorney to examine the title to the house. The attorney researched the title and told D, “It’s all yours, the title is clean.” Relying on his attorney’s title search, D conveyed the house to E with a covenant of warranty and a covenant against encumbrances. E, who paid full value, learned of Waterco’s rights and was furious.
If E asserts an action against D for damages, should E prevail?CorrectIncorrect
A developer owned a large tract of land that she had surveyed by a licensed surveyor and then subdivided into numerous lots. At the time of the survey, the surveyor drove wooden stakes into the ground to mark the boundaries. The surveyor then made a plat of the survey and recorded the plat in the county recorder of deeds office. Shortly thereafter, a buyer purchased one of the lots from the developer. Prior to the purchase, the developer had shown the buyer the wooden stakes, and the buyer accepted such stakes as marking the boundaries of the lot. After taking possession of the lot, the buyer built a house thereon and enclosed it with a fence. A few months later, an investor purchased the adjacent lot from the developer. After taking possession of her lot, the investor hired a licensed surveyor to survey it. This surveyor discovered that, according to the recorded plat, the buyer’s fence extended two feet onto the adjacent lot. On learning this, the investor demanded that the buyer remove his fence. The buyer refused.
If the investor sues the buyer, who will prevail?CorrectIncorrect
A landowner embarked on an expedition into a remote jungle, leaving no means to communicate with him. Because property values suddenly began plummeting in the landowner’s neighborhood, his son believed that it was imperative to sell his father’s property before it became worthless. Having no way to speak to his father ahead of time, the son prepared a deed conveying the property to a buyer, but left the line for the buyer’s name blank. He then signed his father’s name on it as the grantor, and handed the deed to the buyer. The deed, however, did not include any language regarding the amount the father was to receive in exchange for the property. The buyer believed that the son was the owner of the property. When the father returned, he was happy that the property had been sold.
If the buyer changed his mind and now wishes to have the conveyance set aside, which of the following would be his best argument?CorrectIncorrect
In 1991, Grantor conveyed title to a large tract of land on J Avenue to his daughter “in consideration of my daughter’s love and affection.” Grantor delivered the land’s deed to his daughter, but neither Grantor nor his daughter recorded the transaction. In 1996, Grantor and his daughter became involved in a heated argument. The daughter took the deed to the J Avenue land and burned it in her fireplace. The daughter then ran out of her house and was struck by a car. The daughter’s heirs asserted an action demanding title to the J Avenue property.
Which of the following choices is the best answer?CorrectIncorrect
A buyer is interested in buying the northern half of a large tract of land from its current owner. The land has a stream running across it that eventually flows into a river on the northern half of the land. The buyer and seller eventually agree on the price, and the seller conveys by deed to the buyer according to the following description: “The upper portion of my land, from the northern boundary to the stream.”
In determining the exact boundaries of the portion of the land purchased by the buyer, which of the following would be the most accurate?CorrectIncorrect
A rancher owned a 100-acre tract of land. Eighty acres had been devised to him by his father, and the rancher had acquired title to an adjacent 20 acres from a prospector by adverse possession. The rancher entered into a land sale contract in which he promised to convey the 100 acres to an investor. The contract listed the description of the property and was otherwise definite and certain as to the transaction, but the contract did not state the nature of the title that the rancher was to convey to the investor. At the time of closing, the investor paid the purchase price and accepted the deed conveyed by the rancher. Six months later, the prospector returned to the area and brought a successful action in ejectment against the investor for the 20 acres. The investor now sues the rancher for damages.
Which of the following statements would most accurately describe the investor’s rights?CorrectIncorrect
A woman purchased a tract of land from a man by warranty deed. Unbeknownst to the woman, the man was not the actual owner of the tract. The woman built a home on the tract and moved into it. Two years later, the actual owner learned of the man’s transaction with the woman and prevented the woman from entering the tract from that point forward. This led to a costly court battle. When the woman notified the man and told him that she thought it was his duty to straighten this out, he ignored her.
The woman would succeed in a suit for damages against the man for breach of which of the following covenants of title?CorrectIncorrect
A lawyer was besieged by friends, relatives, and acquaintances seeking free legal advice. The lawyer’s cousin, one of the cheapest men in North America, purchased a house without retaining counsel. He stopped by the lawyer’s house on a Sunday, pretending to be in the neighborhood, and said, “Hey, I happen to have the contract to my house. Why don’t you take a look at it as a refresher in contract law.”
The lawyer looked at the contract and told his cousin, “Your agreement provides for ‘usual covenants.’ You should have insisted on ‘full covenants.’”
The difference will be important if the cousin wants to assert an action against the person who sold him the house based on the covenant:CorrectIncorrect
On July 7, Alpha conveyed Rockacre to Beta. The deed provided for a general warranty.” Four years later on February 22, Beta conveyed Rockacre to Gamma. The deed contained the same language as the Alpha-Beta deed. In which of the following lawsuits will Gamma most likely prevail?CorrectIncorrect
B transferred an apartment complex to C and his heirs with the proviso that “C and his heirs shall not have the right to convey or transfer title to the complex.” C conveyed the property to D “for a period of thirty years, in exchange for payment of $10,000 a month to be increased by the greater of the cost of living increase or prime lending rate increase.” C then conveyed the complex “in fee simple to G or her heirs upon termination of D’s interest and upon payment of $1,000,000.”
Which of the following choices is NOT correct?CorrectIncorrect
Ann granted an easement for a right of way to Barbara. The grant, in the form of a deed, was properly recorded. Ann sold the property to Cory, who sold it to Denise, who then sold the property to Elaine. Cory, Denise, and Elaine recorded their deeds without mentioning the right of way.
Smith, Elaine’s attorney, examined title to the property and told Elaine, “It’s all yours.” Two days later, Elaine conveyed the property to Francine with a covenant against encumbrances. Francine learned of Barbara’s easement shortly thereafter.
If Francine asserts an action against Elaine to recover for the lower property value of the land due to the easement, is Francine likely to prevail?CorrectIncorrect