Property Law Keyed to Cribbetback
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At a time when a homeowner held title to a subdivision lot in fee simple, the developer executed a warranty deed conveying the same lot to a purchaser. The deed was promptly and duly recorded. Subsequently, the homeowner conveyed the lot to the developer by a warranty deed that was promptly and duly recorded. Later, the developer conveyed the lot to an investor by a warranty deed, which was promptly and duly recorded. The investor paid the fair market value of the lot and had no knowledge of any claim of the purchaser. In an appropriate action, the investor and the purchaser contest title to the lot.
In this action, judgment should be for:CorrectIncorrect
A woman conveyed her real property to a buyer for $90,000. The buyer never recorded his deed. A year later, the woman drew up a deed of conveyance for the property and gave it to her son as a gift. The son knew nothing of the prior conveyance co the buyer, and the son recorded his deed. The following year, the son sold the property to a friend via an installment land sale contract. The full purchase price was $100,000, and the friend made her first installment payment of $40,000 to the son. The friend received a deed from the son and promptly and properly recorded it. According to the terms of the installment agreement, the friend was to make two further payments of $30,000 each. The first of these payments was due a year after the closing date and the second payment a year after that. The buyer learned about the son’s conveyance to the friend and filed suit against the friend, seeking to oust her from the property and to quiet title in the buyer. The recording statute in the state where the property is located and where all the parties reside reads in relevant part: “No conveyance shall be good against a subsequent purchaser for value, without notice, unless it be recorded.”
Which of the following judicial orders would it NOT be appropriate for the court to make?CorrectIncorrect
A landowner gratuitously conveyed his interest in land to a friend by quitclaim deed. The friend promptly and properly recorded her deed. Six months later, the landowner conveyed his interest in the same land to an investor for $50,000 by warranty deed, which was promptly and properly recorded.
As between the friend and the investor, who has the superior right to title to the land?CorrectIncorrect
On March 1, Lawyer sold Whitehouse to General for value. General did not record the deed until March 4. Lawyer sold Whitehouse to Writer, on March 3, for value. Writer did not record the deed until March 5.
Under which of the following statutes will the court award title to Writer?CorrectIncorrect
Grantor owned a 5,000-car parking lot outside a sports arena. The jurisdiction’s Recording Act provided: “Every conveyance of real property must be recorded in the county recorder’s office. In the case of a conveyance not recorded, the conveyance is void as to a subsequent bona fide purchaser for value who does not have notice of the first conveyance.” On April 1, 1995, Grantor conveyed the parking lot to Brothers, Inc., at fair value. Brothers, Inc., did not record the deed until May 1, 1995. Grantor then mortgaged the lot on April 5 to Park N’ Lock, Inc., who had no notice of the April 1 transaction. Park N’ Lock promptly recorded the mortgage. Grantor then conveyed a warranty deed on April 13 to his son Grantor Jr., who did not pay value. Grantor Jr. promptly recorded the deed. Grantor Jr. conveyed by general warranty deed his interest in the parking lot to Dollar Park on May 15. Dollar Park paid full value and promptly recorded.
If Dollar Park loses in a suit brought by Brothers, Inc., it will be because:CorrectIncorrect
A farmer executed and delivered to a developer a quitclaim deed purporting to convey to the developer all of the right, title, and interest of the farmer in his land. The developer accepted the deed and placed it in his safe deposit box. Four years later, the farmer, who was indebted to his cousin in the amount of $35,000, executed and delivered to the cousin a warranty deed purporting to convey the land in exchange for a full release of the debt. The cousin immediately recorded her deed. The following month, the developer recorded his deed to the land and notified the cousin that he claimed title. There is no evidence of occupancy of the land, and the jurisdiction where the land is situated has a recording statute that requires good faith and value as elements of the junior claimant’s priority.
Which of the following best describes the conflicting claims of the developer and the cousin?CorrectIncorrect
Grantor conveyed title to his house, which he owned in fee simple, to Contractor, who paid full value. Contractor never recorded the transaction. Several months later, Grantor conveyed title to the same house to his daughter “in consideration for services provided by Daughter.” Daughter promptly recorded. Grantor was retired and living out of state and had not occupied the house for several years. Neither Contractor nor Daughter attempted to occupy the house. The jurisdiction has a pure race recording statute requiring “good faith” and “value” in order for a junior claimant to obtain priority.
In an action between Contractor and Daughter for title to the house, which of the following choices is the best answer?CorrectIncorrect
A large tract of land was located in a jurisdiction that has adopted the following statute:
No conveyance or mortgage of an interest in land is valid against a subsequent purchaser for value without notice thereof whose conveyance is first recorded.
The man who owned the land owed money to a woman, and in satisfaction of this debt, the man conveyed the property to her. Although the woman intended to have the deed recorded, she mistakenly failed to do so. Two years later, the man borrowed money from a bank and, to secure the loan, executed a mortgage deed on the property. The bank promptly recorded this mortgage. Three months later, the man, just before he died, donated the property by general warranty to his son, who did not know about the prior events. The son recorded the deed and entered into a contract with his friend to sell him the property. The next month, the woman discovered that the deed in her safe was not recorded, and so, without notice of any of the prior transactions, the woman recorded the deed. A month after that, the friend paid the son full value for the property, and without actual knowledge of any of the other transactions regarding the property, the friend had the deed duly recorded. By the end of the next year, the friend had expended substantial sums of money on the property. However, when he put up the property as security for a loan from the bank, he learned for the first time of the woman’s claim.
In a suit between the friend and the woman, which of the following statements most accurately describes the probable outcome?CorrectIncorrect
A grantor owned Cacre, an undeveloped tract of land, in fee simple. He conveyed a quitclaim deed to a buyer in exchange for fair value. The buyer never recorded the deed.
Two years later, the buyer executed and delivered to his niece a warranty deed to Cacre in exchange for the niece’s secretarial services. The niece recorded the deed two years later. Neither the niece nor the buyer have occupied Cacre. The jurisdiction has a pure notice recording act and requires that a junior claimant, to have priority, act in good faith and pay consideration of sufficient value. In an action between the buyer and the niece for title to Cacre, which of the following is the best answer?CorrectIncorrect
Musician, owner of Purpleacre, granted Singer an easement to cross Purpleacre in 1991. Singer did not record the easement. Musician conveyed Purpleacre to Model in 1992. Model promptly recorded the deed, which contained a reference to the easement. In 1993, Model conveyed Purpleacre to Actress, who paid value but had no knowledge of the easement. May Singer force Actress to honor his easement?CorrectIncorrect
On April 1, D conveyed title to Blackacre to J, who paid full value. J did not know that Blackacre was still owned by B on April 1. On May 1, B conveyed Blackacre to D for full value. D then conveyed Blackacre to K, on June 1, for full value. In a suit between J and K to obtain title to Blackacre, K’s most persuasive argument is:CorrectIncorrect
If Brothers, Inc. asserts a suit against Park N’ Lock to quiet title, who should prevail?CorrectIncorrect
Assume for this question only that V sold the land to J before G learned of the terms V wrote into the contract. If G seeks to prevent J from obtaining title, J’s best argument will be that:CorrectIncorrect