Income Taxation And Transfer Of Title

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Income Taxation And Transfer Of Title - Quiz


chapter 3 Income Taxation and Transfer of Title


Questions and Answers
  • 1. 

    What percent of a capital gain would be the tax if an investor who is in the 28 percent tax bracket held the property for 12 1/2 months?

    • A.

      12 1/2 %

    • B.

      20%

    • C.

      25%

    • D.

      28%

    Correct Answer
    B. 20%
    Explanation
    If an investor is in the 28 percent tax bracket and holds the property for 12 1/2 months, the tax on the capital gain would be 20 percent. This can be calculated by taking 28 percent of the capital gain and multiplying it by 12.5/12, which results in 20 percent.

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  • 2. 

    A spot survey differs from other surveys in that it shows:

    • A.

      Longitude and latitude

    • B.

      Only the approximate location

    • C.

      The location of improvements, easements and encroachments

    • D.

      That it is a true copy of a prior physical survey

    Correct Answer
    C. The location of improvements, easements and encroachments
    Explanation
    A spot survey differs from other surveys in that it shows the location of improvements, easements, and encroachments. This means that a spot survey provides information about any buildings, structures, or developments on the surveyed property, as well as any legal rights or restrictions such as easements or encroachments. This information is important for various purposes, such as property development, boundary disputes, or ensuring compliance with zoning regulations. Unlike other surveys that may focus on different aspects like longitude and latitude or being a true copy of a prior physical survey, a spot survey specifically highlights these specific features on the surveyed property.

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  • 3. 

    A standard policy of title insurance covers:

    • A.

      Defects that would be revealed by a correct survey

    • B.

      Rights of parties in possession

    • C.

      Zoning restrictions

    • D.

      Incompetent grantors

    Correct Answer
    D. Incompetent grantors
    Explanation
    A standard policy of title insurance covers incompetent grantors. This means that if the person who granted the title to the property was legally incompetent or did not have the legal capacity to do so, the policy will provide coverage and protect the buyer's interest in the property. This is important because if the grantor is incompetent, the transfer of title may be deemed invalid, and the buyer could potentially lose their ownership rights. Therefore, title insurance ensures that the buyer is protected in such cases.

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  • 4. 

    J died intestate and without heirs.  The state took title to J's property by:

    • A.

      Dedication

    • B.

      Escheat

    • C.

      Police power

    • D.

      Eminent domain

    Correct Answer
    B. Escheat
    Explanation
    Escheat is the correct answer because it refers to the legal process by which the state takes ownership of property when someone dies intestate (without a will) and without any heirs. In this situation, since there are no specific instructions on who should inherit the property, it reverts back to the state through the principle of escheat. Dedication, police power, and eminent domain are not applicable in this scenario as they involve different legal concepts and circumstances.

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  • 5. 

    J paid $190,000 for her home in 1989.  She spent $41,000 on improvements to the home.  She sold the home in 1994 for $184,000 and incurred closing costs of $11,900.  J has:

    • A.

      A tax loss of $17,900

    • B.

      A tax loss of $35,100

    • C.

      A tax loss of $47,900

    • D.

      No loss for tax purposes

    Correct Answer
    D. No loss for tax purposes
    Explanation
    J does not have a tax loss for two reasons. First, the selling price of the home ($184,000) is higher than the original purchase price ($190,000), so there is no loss on the sale. Second, the closing costs of $11,900 are not deductible as a loss for tax purposes. Therefore, J does not have any tax loss in this scenario.

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  • 6. 

    A warranty deed contains a covenant of further assurance, which means that:

    • A.

      The grantor promises to indemnify the grantee for any loss suffered because of failure of title

    • B.

      The grantor warrants the property is free of liens and encumbrances other than those stated in the deed

    • C.

      The grantor warrants he or she has rightful ownership

    • D.

      If any further instrument or act is needed to perfect title, the grantor promises to provide it.

    Correct Answer
    D. If any further instrument or act is needed to perfect title, the grantor promises to provide it.
    Explanation
    The correct answer is "if any further instrument or act is needed to perfect title, the grantor promises to provide it." This means that if there are any additional documents or actions required to ensure that the title of the property is legally sound, the grantor is obligated to provide them. This covenant ensures that the grantee will have a clear and marketable title to the property.

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  • 7. 

    A high rate of inflation would be of greatest value to investors who have:

    • A.

      Invested in long term, fixed income investments

    • B.

      Purchased property without the use of leverage

    • C.

      Purchased property using moderate leverage

    • D.

      Purchased property using a high degree of leverage

    Correct Answer
    D. Purchased property using a high degree of leverage
    Explanation
    Investors who have purchased property using a high degree of leverage would benefit from a high rate of inflation. This is because inflation erodes the value of money over time, which means that the value of the debt used to purchase the property would decrease. As a result, the investor's equity in the property would increase, leading to higher returns on their investment.

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  • 8. 

    An owner has a passive loss of $25,000 on an investment property.  If the owner has an adjusted gross income of $125,000 how much of this loss can be used to shelter other than real estate income?

    • A.

      $0

    • B.

      $12,500

    • C.

      $25,000

    • D.

      $50,000

    Correct Answer
    B. $12,500
    Explanation
    The owner can use up to $12,500 of the passive loss to shelter income other than real estate. This is because the passive loss limitation rules allow taxpayers with an adjusted gross income of less than $100,000 to deduct up to $25,000 in passive losses against non-passive income. However, the deduction is phased out at a rate of $1 for every $2 of income above $100,000. Since the owner's adjusted gross income is $125,000, the deduction is reduced by $12,500 ($25,000 - ($125,000 - $100,000)/2), resulting in a maximum deduction of $12,500.

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  • 9. 

    J traded her commercial lot to K for raw acreage.  K gave J $10,000 to balance out the trade.  Based on the above:

    • A.

      Both parties will pay tax because the trade was not like for like

    • B.

      J will be taxed on $10,000

    • C.

      K will be taxed $10,000

    • D.

      The trade would defer all taxes

    Correct Answer
    B. J will be taxed on $10,000
    Explanation
    In this scenario, J traded her commercial lot to K for raw acreage and received $10,000 from K to balance out the trade. Since J received $10,000 in addition to the raw acreage, this amount is considered taxable income for J. Therefore, J will be taxed on the $10,000 she received from K.

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  • 10. 

    The act of signing a deed would be the :

    • A.

      Execution

    • B.

      Ratification

    • C.

      Verification

    • D.

      Habendum

    Correct Answer
    A. Execution
    Explanation
    The act of signing a deed is referred to as the execution. This is because the execution of a deed involves the formal process of signing the document, which signifies the intention of the parties involved to be bound by the terms and conditions stated in the deed. The execution is an essential step in legally validating the deed and making it enforceable.

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  • 11. 

    T recorded an approved subdivision map that showed that certain areas of the subdivision were being dedicated to public use.  this would be regarded as

    • A.

      The exercise of police power

    • B.

      Eminent domain

    • C.

      Statutory dedication

    • D.

      Inverse condemnation

    Correct Answer
    C. Statutory dedication
    Explanation
    Statutory dedication refers to the act of voluntarily transferring private property to the public for a specific public use, as required by a statute or law. In this case, T recorded an approved subdivision map that dedicates certain areas of the subdivision for public use. This act is considered a statutory dedication because T is voluntarily dedicating the land to the public, following the requirements set by the law. It is not eminent domain, which is the government's power to take private property for public use with just compensation, nor is it inverse condemnation, which is a legal action taken by a property owner against the government for taking or damaging their property without compensation. It is also not the exercise of police power, which refers to the government's authority to regulate and enforce laws for the public's health, safety, and welfare.

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  • 12. 

    L and M a married couple, sold their home for $2,400,000. When they purchased the home 7 years previously, they paid $1,200,000.  Assuming no improvements were, their taxable gain would be:

    • A.

      Nothing

    • B.

      $700,000

    • C.

      $1,200,000

    • D.

      $1,900,000

    Correct Answer
    B. $700,000
    Explanation
    The taxable gain would be $700,000. This is calculated by subtracting the original purchase price of $1,200,000 from the selling price of $2,400,000. Since no improvements were made, the entire difference between the purchase and selling price is considered taxable gain. Therefore, the taxable gain in this case would be $700,000.

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  • 13. 

    After meeting the statutory requirements of adverse possession, an adverse user could obtain marketable title by:

    • A.

      Tacking on

    • B.

      Continued open notorious and hostile use

    • C.

      A quiet title action

    • D.

      Inverse condemnation

    Correct Answer
    C. A quiet title action
    Explanation
    A quiet title action refers to a legal process where a person seeks a court judgment to establish their ownership rights over a property. In the context of adverse possession, it is the most appropriate way for an adverse user to obtain marketable title. By filing a quiet title action, the adverse user can present evidence of meeting the statutory requirements of adverse possession, such as continuous open, notorious, and hostile use of the property. The court will then review the evidence and issue a judgment, confirming the adverse user's ownership rights and providing them with marketable title.

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  • 14. 

    A property was declared unfit for occupancy and was boarded up.  This action was a(n):

    • A.

      Eminent domain

    • B.

      Inverse condemnation

    • C.

      Exercise of police power

    • D.

      Statutory dedication

    Correct Answer
    C. Exercise of police power
    Explanation
    The correct answer is exercise of police power. When a property is declared unfit for occupancy and boarded up, it is typically done as a measure to protect public safety and welfare. This action falls under the exercise of police power, which grants the government the authority to regulate and enforce laws in order to maintain order and protect the community. Eminent domain refers to the government's power to acquire private property for public use, inverse condemnation is the government's taking of private property without compensation, and statutory dedication involves the transfer of private property to the government for public use.

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  • 15. 

    G gave a deed to H for valuable consideration.   Because H did not take possession or record the deed:

    • A.

      H would have greater right than a later purchaser from G who records first

    • B.

      If G later gave a gift deed to J, J's rights would be greater than H's rights

    • C.

      The deed would be void

    • D.

      Between G and H, H has good title

    Correct Answer
    D. Between G and H, H has good title
    Explanation
    In this scenario, G gave a deed to H for valuable consideration. Even though H did not take possession or record the deed, H still has good title. This means that H has a legally valid claim to the property and holds the rightful ownership rights, regardless of whether a later purchaser from G records their deed first or if G later gives a gift deed to J. H's rights are protected and they have a stronger claim to the property compared to any other parties involved.

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  • 16. 

    What is an abstract for a property?

    • A.

      Policy of title insurance

    • B.

      Condensation of every recorded document dealing with the property

    • C.

      Opinion of title

    • D.

      Commitment to issue a title policy

    Correct Answer
    B. Condensation of every recorded document dealing with the property
    Explanation
    An abstract for a property is a condensed summary of all the recorded documents related to the property. It includes information about the property's ownership history, liens, encumbrances, and any other relevant details. The purpose of an abstract is to provide a comprehensive overview of the property's title and to assist in the title insurance process. It is used to evaluate the property's ownership and to identify any potential issues or risks that may affect the title.

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  • 17. 

    In which clause in a deed would the phrase to have and to hold appear?

    • A.

      Safety clause

    • B.

      Habendum clause

    • C.

      Execution clause

    • D.

      Description clause

    Correct Answer
    B. Habendum clause
    Explanation
    The phrase "to have and to hold" typically appears in the habendum clause of a deed. This clause defines the extent of ownership and the rights being transferred to the grantee. It specifies the duration of the ownership and any conditions or limitations attached to it. The phrase "to have and to hold" expresses the grantee's right to possess and enjoy the property being transferred.

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  • 18. 

    On the same day, J deeded the same vacant lot to K, L and M in that order.  M was the first to record, followed by K and L.  Who has superior rights to the property

    • A.

      K because K was the first purchaser

    • B.

      M because M was the first to record

    • C.

      K, L, and M take equal shares as a matter of equity

    • D.

      J retains title because J's fraud cannot pass title

    Correct Answer
    B. M because M was the first to record
    Explanation
    M has superior rights to the property because they were the first to record the deed. Recording the deed establishes a public record of ownership, and generally, the first person to record a deed has priority over subsequent purchasers. This principle is known as "first in time, first in right." Therefore, even though K may have been the first purchaser, M's recording of the deed gives them superior rights to the property.

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  • 19. 

    J, who paid $47,000 for a property,  has since refinanced the property.  The present balance on the mortgage is $128,000.  If J sold the property for $95,000, what would be the tax consequence of the sale?

    • A.

      J would have a loss of $33,000

    • B.

      J would have a gain of $48,000

    • C.

      J would have a gain of $81,000

    • D.

      J would have a gain of $128,000

    Correct Answer
    B. J would have a gain of $48,000
    Explanation
    Since J sold the property for $95,000 and the present balance on the mortgage is $128,000, it means that J would have a gain of $48,000. This is calculated by subtracting the original purchase price of $47,000 from the selling price of $95,000. The remaining mortgage balance does not affect the gain in this scenario.

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  • 20. 

    An investor has total cash obligations of $187,000 on a property with an income of $225,000.  The $38,000 difference is known as:

    • A.

      Cash flow

    • B.

      Equity

    • C.

      Arbitrage

    • D.

      Liquidity

    Correct Answer
    A. Cash flow
    Explanation
    The $38,000 difference between the total cash obligations of $187,000 and the income of $225,000 is known as cash flow. Cash flow refers to the net amount of cash generated or consumed by an investment over a specific period. In this case, the positive cash flow of $38,000 indicates that the investor is receiving more cash from the property's income than they are spending on its obligations.

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  • 21. 

    Q intends to borrow $80,000 on her home at 9 percent interest to pay off credit card loans.  as to this home equity loan, Q should realize that the:

    • A.

      Loan will increase her tax liability in the event of a sale

    • B.

      Interest payments on the home equity loan may be tax deductible

    • C.

      Cost basis of the home will be increased by $80,000

    • D.

      $80,000 in proceeds is subject to regular income taxation

    Correct Answer
    B. Interest payments on the home equity loan may be tax deductible
    Explanation
    The correct answer is "interest payments on the home equity loan may be tax deductible." This means that Q may be able to deduct the interest payments she makes on the home equity loan from her taxable income when filing her taxes. This can potentially lower her overall tax liability.

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  • 22. 

    The purchaser's down payment is considered what type of funds?

    • A.

      Borrowed

    • B.

      Leveraged

    • C.

      Equity

    • D.

      Capital

    Correct Answer
    C. Equity
    Explanation
    The purchaser's down payment is considered equity because it represents the portion of the property's purchase price that the buyer contributes with their own funds. It is not borrowed or leveraged, as those terms imply obtaining funds from external sources. Capital is a broader term that can refer to various types of funds, including equity, borrowed funds, or other forms of financing. In this context, the down payment specifically represents the buyer's equity in the property.

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  • 23. 

    For tax purposes, residential property is depreciated based on a life of

    • A.

      15 years

    • B.

      27.5 years

    • C.

      31 years

    • D.

      39 years

    Correct Answer
    B. 27.5 years
    Explanation
    Residential property is depreciated based on a life of 27.5 years for tax purposes. This means that the value of the property is considered to decrease over a period of 27.5 years. Depreciation is a method used to allocate the cost of an asset over its useful life, and it is commonly used for tax purposes to determine the deduction that can be claimed by the property owner. The specific period of 27.5 years is determined by tax regulations and is used to calculate the annual depreciation expense for residential properties.

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  • 24. 

    An adverse user can take title by his or her adverse use from

    • A.

      A minor

    • B.

      A foreign owner

    • C.

      The government

    • D.

      A person declared to be incompetent

    Correct Answer
    B. A foreign owner
    Explanation
    An adverse user can take title by his or her adverse use from a foreign owner. This means that if someone uses a property belonging to a foreign owner without their permission for a certain period of time, they may be able to claim ownership of the property. Adverse possession laws vary by jurisdiction, but generally, the adverse user must demonstrate open, continuous, and exclusive use of the property for a specified number of years. In this scenario, the adverse user is taking title from a foreign owner specifically, rather than a minor, the government, or a person declared to be incompetent.

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  • 25. 

    A special warranty deed warrants that the grantor:

    • A.

      Has not made any undisclosed transfer of title or encumbrance

    • B.

      Will guarantee that there are no undisclosed liens

    • C.

      Will make good any loss suffered by the grantee because of title defects

    • D.

      Will provide any further instrument or act needed to perfect title

    Correct Answer
    A. Has not made any undisclosed transfer of title or encumbrance
    Explanation
    A special warranty deed is a type of deed that guarantees that the grantor has not made any undisclosed transfer of title or encumbrance. This means that the grantor is assuring the grantee that they have not transferred the property to someone else or placed any additional burdens or claims on the property without the grantee's knowledge. This ensures that the grantee receives a clear title to the property without any hidden issues.

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  • 26. 

    A requirement of a valid deed is that the deed be:

    • A.

      Dated

    • B.

      Acknowledged

    • C.

      Recorded

    • D.

      Signed by the grantor

    Correct Answer
    D. Signed by the grantor
    Explanation
    To be considered a valid deed, it is necessary for the grantor to sign the document. This signature serves as proof that the grantor is willingly transferring their property rights to the recipient. Without the grantor's signature, the deed would lack the necessary legal authority and validity. The other listed requirements, such as dating, acknowledging, and recording the deed, may also be important but they do not directly address the grantor's signature, which is crucial for the deed's validity.

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  • 27. 

    N sold a property to O before N acquired the title from P.  When N acquired the title it automatically went to O because the deed to O was

    • A.

      Notarized

    • B.

      A quiet claim deed

    • C.

      A bargain and sale deed

    • D.

      A warranty deed

    Correct Answer
    D. A warranty deed
    Explanation
    When N acquired the title to the property, it automatically went to O because the deed to O was a warranty deed. A warranty deed is a type of deed that guarantees that the seller (N) has the legal right to sell the property and that there are no other claims or liens against it. This means that O is protected from any future claims or issues regarding the property's ownership.

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  • 28. 

    A property has a variety of liens against it.  Which of the following deeds would give the grantee the greatest protection against the existing liens?

    • A.

      Gift deed

    • B.

      Quitclaim deed

    • C.

      Tax deed

    • D.

      Bargain and sale deed

    Correct Answer
    C. Tax deed
    Explanation
    A tax deed would give the grantee the greatest protection against existing liens. When a property owner fails to pay their taxes, the government can place a tax lien on the property. A tax deed is issued when the government sells the property to recover the unpaid taxes. This type of deed typically extinguishes all other liens on the property, providing the grantee with the highest level of protection against any existing liens.

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  • 29. 

    A standard title insurance policy offers protection to:

    • A.

      Grantees who receive title from the insured

    • B.

      The party that conveyed title to the insured

    • C.

      Lenders

    • D.

      Heirs of the insured

    Correct Answer
    D. Heirs of the insured
    Explanation
    A standard title insurance policy offers protection to the heirs of the insured. This means that if the insured passes away and their heirs inherit the property, the title insurance policy will provide protection against any potential title defects or claims that may arise. This ensures that the heirs can have peace of mind and are safeguarded against any financial losses or legal issues related to the property's title.

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  • 30. 

    R traded a lot to S for an apartment building.  R assumed S's $86,000 mortgage, and S assumed R's $15,000 mortgage.  No other consideration passed between the parties in this trade.  How would this trade be taxed?

    • A.

      R has a $29,000 taxable gain

    • B.

      S has a $29,000 taxable gain

    • C.

      S will be taxed as if he received the fair market value of the lot

    • D.

      Neither R not S has any taxable gain

    Correct Answer
    A. R has a $29,000 taxable gain
    Explanation
    In this trade, R assumed S's $86,000 mortgage and S assumed R's $15,000 mortgage. Since no other consideration passed between the parties, the trade can be considered as an exchange of properties. According to the tax laws, when properties are exchanged, any gain or loss is generally not recognized for tax purposes. However, if the properties exchanged are not of equal value, there may be taxable gain or loss. In this case, since R assumed a larger mortgage ($86,000) compared to S's mortgage ($15,000), R has a taxable gain of $29,000, which is the difference between the two mortgages.

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  • 31. 

    A handwritten, signed but unwitnessed testamentary document would be a

    • A.

      Formal will

    • B.

      Nuncupative will

    • C.

      Holographic will

    • D.

      Codicil to a nuncupative will

    Correct Answer
    C. Holographic will
    Explanation
    A handwritten, signed but unwitnessed testamentary document would be a holographic will. A holographic will is a type of will that is entirely handwritten and signed by the testator (the person making the will), but does not require witnesses to be valid. This type of will is recognized in some jurisdictions as long as it meets specific requirements, such as being written entirely in the testator's handwriting and clearly expressing their wishes for the distribution of their assets after death.

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  • 32. 

    Adverse possession requires:

    • A.

      Permission

    • B.

      Nonexclusive use

    • C.

      A use that is hidden from the owner

    • D.

      Hostile use

    Correct Answer
    D. Hostile use
    Explanation
    Adverse possession requires hostile use, which means that the person claiming ownership must use the property without the permission of the owner and with the intent to possess it as their own. This use is in opposition to the rights of the owner and is done openly and notoriously, meaning it is not hidden from the owner.

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  • 33. 

    A deed in which the grantor implies having an interest in the property conveyed but offers no warranties as to the title is a:

    • A.

      Quitclaim deed

    • B.

      Bargain and sale deed

    • C.

      Warranty deed

    • D.

      Deed of trust

    Correct Answer
    B. Bargain and sale deed
    Explanation
    A bargain and sale deed is a type of deed in which the grantor implies having an interest in the property conveyed but offers no warranties as to the title. This means that the grantor is transferring their interest in the property without guaranteeing that they have clear ownership or that there are no other claims or liens on the property. It is often used in situations where the grantor is not confident in the title's validity or is unwilling to assume any liability for potential title issues.

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  • 34. 

    Acknowledgement is required to

    • A.

      Convey title

    • B.

      Execute a deed

    • C.

      Deliver a deed

    • D.

      Validate a deed for recording

    Correct Answer
    D. Validate a deed for recording
    Explanation
    Acknowledgement is required to validate a deed for recording. An acknowledgement is a formal declaration by the person signing the deed, stating that they willingly signed it and that they understand the contents of the document. This acknowledgement is necessary to ensure that the deed is legally valid and can be recorded in public records. Recording the deed provides notice to the public of the property ownership transfer and helps establish a clear chain of title.

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  • 35. 

    Taking property by emninent domain requires

    • A.

      Adverse use

    • B.

      Compensation

    • C.

      The exercise of police power

    • D.

      A foreclosure proceeding

    Correct Answer
    B. Compensation
    Explanation
    When taking property by eminent domain, compensation is required. This means that the owner of the property being taken must be fairly compensated for the value of their property. Eminent domain is the power of the government to take private property for public use, but the Fifth Amendment of the United States Constitution requires that "just compensation" be paid to the property owner. This ensures that the property owner is not unfairly burdened by the loss of their property and is adequately compensated for their loss.

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  • 36. 

    Real property that is transferred by will would be a

    • A.

      Bequest

    • B.

      Legacy

    • C.

      Devise

    • D.

      Descent

    Correct Answer
    C. Devise
    Explanation
    Real property that is transferred by will is referred to as a devise. A devise is a legal term used to describe the act of transferring real property, such as land or buildings, through a will. This means that the property is specifically bequeathed or left as a gift to a specific individual or entity in the deceased person's will. The other options, bequest, legacy, and descent, may refer to the transfer of personal property or assets, but not specifically real property through a will.

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  • 37. 

    A grantee of a deed alters the legal description to include additional property and then records the deed.  What is the effect of this deed?

    • A.

      It grants only the property originally described

    • B.

      It grants all the property described, but the grantor may void the added portion

    • C.

      The grant is voidable

    • D.

      No property is transferred by the deed.

    Correct Answer
    D. No property is transferred by the deed.
    Explanation
    When a grantee of a deed alters the legal description to include additional property and then records the deed, the effect of this deed is that no property is transferred. This is because the alteration of the legal description without the consent of the grantor renders the deed invalid. Therefore, the grantee does not acquire any rights or ownership over the additional property.

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  • 38. 

    A deed that has covenant of quiet enjoyment is a

    • A.

      Quitclaim deed

    • B.

      Bargain and sale deed

    • C.

      Warranty deed

    • D.

      Sheriff's deed

    Correct Answer
    C. Warranty deed
    Explanation
    A warranty deed is a type of deed that includes a covenant of quiet enjoyment. This means that the grantor guarantees that the property being transferred is free from any encumbrances or claims that may interfere with the grantee's peaceful possession and use of the property. This covenant provides the grantee with legal protection and assurance that they will not be disturbed in their enjoyment of the property. Therefore, a deed with a covenant of quiet enjoyment is a warranty deed.

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  • 39. 

    Quitclaim deeds and bargain and sale deeds are similar in that they both:

    • A.

      Convey after acquired title

    • B.

      Convey a grantor's partial interest

    • C.

      Include a warranty of merchantability

    • D.

      Bind the grantor's heirs to defend the title conveyed

    Correct Answer
    B. Convey a grantor's partial interest
    Explanation
    Quitclaim deeds and bargain and sale deeds are similar in that they both convey a grantor's partial interest. This means that the person transferring the property is only transferring their own interest or ownership rights in the property, rather than guaranteeing the full ownership of the property. Both types of deeds do not provide a warranty of merchantability or bind the grantor's heirs to defend the title conveyed. Additionally, they do not necessarily convey after acquired title, which refers to the grantor's ability to transfer any future interest they may acquire in the property.

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  • 40. 

    The testator appoints a personal representative known as the

    • A.

      Administrator

    • B.

      Testatee

    • C.

      Executor

    • D.

      Referee

    Correct Answer
    C. Executor
    Explanation
    The correct answer is executor. In the context of a will, an executor is a person appointed by the testator (the person making the will) to carry out their wishes and manage their estate after their death. The executor is responsible for tasks such as distributing assets, paying debts and taxes, and ensuring that the terms of the will are followed. They act as a personal representative and have legal authority to handle the affairs of the deceased individual.

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  • 41. 

    How does eminent domain differ from the exercise of police power

    • A.

      Eminent domain is exercised for purposes of health, safety, morals or general welfare

    • B.

      Compensation is given under eminent domain

    • C.

      Eminent domain is exercised by a government unit

    • D.

      Eminent domain can limit an owner's rights in property

    Correct Answer
    B. Compensation is given under eminent domain
    Explanation
    Eminent domain differs from the exercise of police power because compensation is given under eminent domain. This means that when the government exercises eminent domain and takes private property for public use, the property owner is entitled to receive fair compensation for their loss. In contrast, police power is exercised for purposes of health, safety, morals, or general welfare, but compensation is not necessarily provided to the property owner. Eminent domain is specifically focused on the taking of property and the fair compensation of the owner, while police power is a broader authority that allows the government to regulate and enforce laws for the public good.

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  • 42. 

    A valid deed can be made to:

    • A.

      L using the fictitious name Y

    • B.

      A fictitious person

    • C.

      Either H or T

    • D.

      J for property, the exact description and nature of which are to be determined by later agreement

    Correct Answer
    A. L using the fictitious name Y
    Explanation
    A valid deed can be made to L using the fictitious name Y because a person can legally use a fictitious name for various purposes, including in legal documents like a deed. As long as the person behind the fictitious name is identifiable and can be held accountable, the use of a fictitious name does not invalidate the deed.

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  • 43. 

    Part of a property was taken by eminent domain.  If the owner received compensation for the reduced value of the remaining property it would be considered

    • A.

      Severance damage

    • B.

      Punitive damage

    • C.

      Condemnation damage

    • D.

      Inverse condemnation

    Correct Answer
    A. Severance damage
    Explanation
    When a part of a property is taken by eminent domain, the owner may receive compensation for the reduced value of the remaining property. This compensation is known as severance damage. It is provided to compensate the owner for the loss or damage caused by the taking of a portion of their property, which can result in a decrease in the overall value of the remaining property. Severance damage is different from punitive damage, which is intended to punish the wrongdoer, condemnation damage, which refers to the compensation for the property taken, or inverse condemnation, which is when the government takes private property without going through the proper eminent domain process.

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  • 44. 

    One requirement for valid transfer of title by deed is:

    • A.

      Witnesses

    • B.

      The address of the grantee

    • C.

      Words of conveyance

    • D.

      Recordation

    Correct Answer
    C. Words of conveyance
    Explanation
    In order for a transfer of title by deed to be valid, one requirement is the inclusion of "words of conveyance" in the deed. These words serve as a clear indication of the grantor's intention to transfer ownership of the property to the grantee. They establish the intent to convey the property rights and are essential for the legal validity of the transfer. Without the words of conveyance, the deed may not be considered a valid document for transferring title.

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  • 45. 

    When P died, a signed and acknowledged but unrecorded deed was found among his effects giving his house to a local charity.  P's will provides that the entire estate was to go to a nephew.  The house goes to the:

    • A.

      Charity because acknowledgment is a presumption of delivery

    • B.

      Charity because his intent was clear

    • C.

      Nephew because P died owning the house

    • D.

      Charity because delivery is not a requirement for charitable gifts

    Correct Answer
    C. Nephew because P died owning the house
    Explanation
    The correct answer is nephew because P died owning the house. This is because when P died, the house was still in his ownership and according to his will, the entire estate, including the house, was to go to his nephew. The fact that there was a signed and acknowledged but unrecorded deed found among P's effects giving the house to a charity does not override the clear intention stated in P's will.

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  • 46. 

    One of the differences in the requirements for obtaining an easement by prescription and a title by adverse possession is that title by adverse possession requires

    • A.

      Hostile use

    • B.

      Open and notorious use

    • C.

      Exclusive use

    • D.

      Continuous use for the statutory period

    Correct Answer
    C. Exclusive use
    Explanation
    To obtain an easement by prescription, one must continuously use the property for the statutory period. However, to acquire a title by adverse possession, exclusive use is required. This means that the individual claiming adverse possession must possess and use the property exclusively, without sharing it with others. Exclusive use is a stricter requirement compared to easement by prescription, as it demands sole control and possession of the property.

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  • 47. 

    Money that transfers by will would be regarded as a

    • A.

      Freehold

    • B.

      Legacy

    • C.

      Devise

    • D.

      Descent

    Correct Answer
    B. Legacy
    Explanation
    Money that transfers by will is regarded as a legacy. A legacy refers to a gift of personal property or money that is left to someone in a will. It is a bequest that is specifically mentioned in the will and is intended to be transferred to the recipient upon the death of the testator. Legacies can be in the form of cash, stocks, bonds, or any other type of personal property. Unlike freehold, devise, and descent, which are terms associated with real property, legacy specifically pertains to personal property that is passed down through a will.

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  • 48. 

    A standard policy of title insurance protects a purchaser against

    • A.

      Zoning prohibitions

    • B.

      An existing encroachment

    • C.

      Rights of parties who are in possession

    • D.

      Forgery in the chain of title

    Correct Answer
    D. Forgery in the chain of title
    Explanation
    A standard policy of title insurance protects a purchaser against forgery in the chain of title. This means that if there is any fraudulent activity or falsification of documents in the chain of ownership of the property, the title insurance will provide coverage and protect the purchaser from any financial loss or legal issues that may arise as a result of the forgery. This is important because a forged title can create significant problems for the new owner, such as disputes over ownership or legal claims from previous owners.

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  • 49. 

    An owner wanted a municipality to take her property because planning changes took away her only access.  She would ask for

    • A.

      Severance damage

    • B.

      Inverse condemnation

    • C.

      Dedication

    • D.

      Adverse posession

    Correct Answer
    B. Inverse condemnation
    Explanation
    Inverse condemnation is the correct answer because it refers to a legal action where a property owner sues the government for compensation when the government's actions have effectively taken away their property rights without formally acquiring the property through eminent domain. In this case, the owner is seeking the municipality to take her property due to planning changes that have eliminated her only access, which can be seen as a violation of her property rights.

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  • 50. 

    J deeded property to K.  K recorded the deed in the wrong county.  Which of the following statements is true as to this deed?

    • A.

      The deed provides constructive notice of K's interest

    • B.

      The deed is void and fails to transfer any interest

    • C.

      J can void the transfer

    • D.

      As between J and K, the deed transferred title

    Correct Answer
    D. As between J and K, the deed transferred title
    Explanation
    The correct answer is "As between J and K, the deed transferred title." This means that despite recording the deed in the wrong county, the transfer of property from J to K is still valid and K now holds the title to the property. The recording of the deed provides constructive notice to others, but it does not affect the validity of the transfer between J and K.

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Quiz Review Timeline +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Apr 10, 2024
    Quiz Edited by
    ProProfs Editorial Team
  • Jan 17, 2011
    Quiz Created by
    Bdgimler

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