Quiz 3C Part 5

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Questions and Answers

In New York State, besides the deed itself, what additional document is typically required to be recorded?

  • Transfer Tax Return (correct)
  • Contract
  • Merger Doctrine
  • Letter of Intent

To ensure a deed to real property becomes a matter of public record and provides constructive notice, what action must be taken?

  • Delivery and Acceptance
  • Recording (correct)
  • Acknowledgement
  • Conveyance

Which of the following is NOT a required component to be cited on a deed?

  • Grantor
  • Address
  • Grantee
  • Full Consideration (correct)

Which method of acquiring property refers specifically to improvements or additions that increase the property's value through labor or new materials?

<p>Accession (B)</p> Signup and view all the answers

What type of deed offers no guarantees or warranties about the title and only conveys the grantor's interest?

<p>Quitclaim Deed (D)</p> Signup and view all the answers

Which New York law is commonly referred to as the Statute of Frauds?

<p>Statute of Frauds (B)</p> Signup and view all the answers

In real estate, what term describes a voluntary transfer of property at an agreed price between independent parties?

<p>Voluntary Alienation (C)</p> Signup and view all the answers

To confirm the exact dimensions of a property before purchase, which document should a potential buyer obtain?

<p>Survey (A)</p> Signup and view all the answers

What type of deed makes no warranties regarding the title but implies that the grantor has an interest in the property?

<p>Bargain and Sale Deed (C)</p> Signup and view all the answers

What is the term for the formal declaration made before an authorized official by someone who has signed a document, confirming it was a voluntary act?

<p>Acknowledgement (D)</p> Signup and view all the answers

Which method of legally describing property uses angles, distances, and boundary markers to define the parcel's perimeter?

<p>Metes and Bounds (D)</p> Signup and view all the answers

When executing a deed, how many grantors are required?

<p>As many as there are owners of the property (B)</p> Signup and view all the answers

What is the term for an increase in land area caused by the gradual deposit of soil by a river or stream?

<p>Accretion (A)</p> Signup and view all the answers

What is the real estate term for the process of measuring a parcel of land to determine its boundaries and area?

<p>Survey (A)</p> Signup and view all the answers

What is the legal term for a written record that specifies the boundaries and details that describe a specific piece of real property?

<p>Description (D)</p> Signup and view all the answers

Which type of deed provides the greatest protection to the buyer, including covenants guaranteeing clear title and the right to sell?

<p>Full Covenant and Warranty Deed (A)</p> Signup and view all the answers

What legal requirement do both a deed and a contract share for their enforceability?

<p>Allowing the documents to be enforceable (D)</p> Signup and view all the answers

In the context of a deed, which term describes the act of the grantor signing the document, making it legally binding?

<p>Execution (A)</p> Signup and view all the answers

What method is most often used to assign and identify a real estate parcel’s legal description based on a recorded map within a municipality?

<p>Lot and Block (A)</p> Signup and view all the answers

Which type of deed offers the most comprehensive guarantees concerning the title to the property?

<p>Full Covenant and Warranty Deed (B)</p> Signup and view all the answers

When a seller guarantees that the property is free from any undisclosed claims or liabilities they are promising which of the following?

<p>Clear and Marketable Title (A)</p> Signup and view all the answers

If a landowner gains new land as the result of a river changing course due to natural causes, this addition is known as what?

<p>Accretion (B)</p> Signup and view all the answers

When an owner willingly transfers property rights to another party, what type of transfer is taking place?

<p>Voluntary Alienation (B)</p> Signup and view all the answers

What legal principle allows someone to claim ownership of property by openly and continuously occupying it for a statutory period, even without legal title?

<p>Adverse Possession (D)</p> Signup and view all the answers

What term describes the sudden loss of land due to swift, drastic natural events, such as a flash flood changing a river's path?

<p>Avulsion (C)</p> Signup and view all the answers

Which type of deed is used to transfer real property without any covenants or warranties, implying that the seller makes no promises about the interest in title?

<p>Quitclaim Deed (C)</p> Signup and view all the answers

What is the purpose of recording a deed in the public records?

<p>To give constructive notice of ownership (A)</p> Signup and view all the answers

Which element is essential for a deed to be valid and legally transfer ownership?

<p>Competent grantor (A)</p> Signup and view all the answers

What is the primary function of covenants in a deed?

<p>To provide warranties or guarantees related to the title (B)</p> Signup and view all the answers

What type of legal description includes a Point of Beginning (POB)?

<p>Metes and Bounds (D)</p> Signup and view all the answers

When a lender forecloses on a property, what type of deed is generally used to transfer ownership to the buyer at a foreclosure sale?

<p>Referee's Deed (C)</p> Signup and view all the answers

What does the term 'habendum clause' refer to in a deed?

<p>A 'to have and to hold' clause defining the ownership interest being transferred (A)</p> Signup and view all the answers

What is required for a deed to be valid even if it is not recorded?

<p>Delivery and Acceptance (B)</p> Signup and view all the answers

What does the term 'chain of title' refer to in real estate?

<p>History of successive ownership of a property (B)</p> Signup and view all the answers

Which body of law primarily governs real property transactions?

<p>State Law (B)</p> Signup and view all the answers

What is the effect of an easement on property ownership?

<p>Grants the right to use another's property for a specific purpose (B)</p> Signup and view all the answers

The government's power to take private property for public use, with just compensation, is known as what?

<p>Eminent domain (A)</p> Signup and view all the answers

What is the role of title insurance in a real estate transaction?

<p>Protects against losses from defects in the title (D)</p> Signup and view all the answers

Which of the following ensures that the grantor is prevented from denying the transfer of property, because of prior act or representation?

<p>Estoppel (C)</p> Signup and view all the answers

Flashcards

Transfer Tax Return

In New York, a transfer tax return is required to be recorded along with the deed.

Recording a Deed

Legal policy requires proper recording of a deed to real property to make it a matter of public record.

Deed Requirements

A deed is not required to state the actual purchase price.

Accession

Acquiring property by adding value through labor or new materials.

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Quitclaim Deed

A deed without covenants, conveying only the grantor's rights.

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Statute of Frauds

NY General Obligations Law, covers agreements like real estate sales.

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Voluntary Alienation

The transfer of title with the owner's consent.

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Survey

Verifies property dimensions.

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Acknowledgement

Formal declaration, acknowledging a person's signature on a document.

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Metes and Bounds

A system using measurements to describe property boundaries.

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Grantor Count

The number of Grantors equals the owners of the property.

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Accretion

Land gained by gradual soil deposits from a waterway.

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Survey

Measures land and determines its area.

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Description

Written words delineating a specific piece of real property

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Full Covenant and Warranty Deed

Guarantees clear title and right to sell.

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Enforceability

Deed and contract both need to be legally sound.

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Execution

The actual signing of the deed.

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Lot and Block

Identifying property using recorded plats.

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Full Covenant and Warranty Deed

The strongest possible title assurance.

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Clear and Marketable Title

The covenant guaranteeing no encumbrances.

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Accretion

Land gained from river deposits.

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Voluntary Alienation

Transfer by owner's consent.

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Adverse Possession

Occupying property with claim of right.

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Avulsion

Sudden land loss from water action.

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Study Notes

New York State Deed Recording

  • In NYS, a transfer tax return is required to be recorded along with the deed.

Deed Recording Requirement

  • Legal policy mandates that deeds to real property be a matter of public record and properly recorded.
  • Delivery and acceptance are requirements of a valid deed.

Deed Requirements

  • A deed must include the names of the grantor and grantee, along with the property's address.
  • A deed is NOT required to cite the actual purchase price.

Accession

  • A mode of acquiring property that involves adding value through labor/new materials.

Bargain and Sale Deed

  • A deed conveying real property without covenants.

New York General Obligations Law Section 5-703

  • Section 5-703 refers to the Statute of Frauds.

Voluntary Alienation

  • The transfer of title during a typical 'arm's length' transaction; a typical sale.

Property Size Verification

  • A survey will show the exact dimensions of a property.

Quitclaim Deed

  • A deed which conveys simply the grantor’s rights or interest in real estate, without any agreement or covenant.

Acknowledgement

  • A formal declaration before a duly authorized officer by a person who has executed an instrument.
  • Such execution confirms that the instrument is the person's act and deed.
  • The metes and bounds method is commonly used as a legal description.

Grantors

  • As many grantors as there are owners of the property must be included in the execution of a deed.

Accretion and Alluvion

  • Alluvion is caused by accretion.

Surveying

  • The process by which a parcel of land is measured and its area ascertained is referred to as surveying.

Property Description

  • The written words which delineate a specific piece of real property

Full Covenant and Warranty Deed

  • A type of deed where the grantor guarantees clear title to real estate and the right to sell it to the grantee.

Enforceability of Deeds and Contracts

  • A deed and a contract both need to be enforceable.
  • A deed is a form of contract used to transfer ownership of property.
  • Both a deed and contract are enforceable.

Deed Execution

  • This essential element refers to the actual signing of the deed.
  • The signature of the grantor is considered the execution of the deed.

Lot and Block Method

  • A method of identifying the legal description of a property

Strongest Guarantee of Title

  • Full Covenant and Warranty Deed

Clear and Marketable Title

  • The covenant that states "that the said premises are free from encumbrances"

Accession Example

  • A person who owns a property on a river delta also takes ownership of any additional land that builds up along that riverbank due to natural deposits or man-made deposits

Voluntary Alienation Definition

  • The transfer of title to an asset with the consent of the owner.

Adverse Possession Definition

  • A means of acquiring title where an occupant has been in actual, open, notorious, exclusive, and continuous occupancy of property under a claim of right for the required statutory period.

Avulsion

  • A sudden and perceptible loss or addition to land by the action of water, or a sudden change in the bed or course of a stream.

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