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Questions and Answers
In New York State, besides the deed itself, what additional document is typically required to be recorded?
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?
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?
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?
Which method of acquiring property refers specifically to improvements or additions that increase the property's value through labor or new materials?
What type of deed offers no guarantees or warranties about the title and only conveys the grantor's interest?
What type of deed offers no guarantees or warranties about the title and only conveys the grantor's interest?
Which New York law is commonly referred to as the Statute of Frauds?
Which New York law is commonly referred to as the Statute of Frauds?
In real estate, what term describes a voluntary transfer of property at an agreed price between independent parties?
In real estate, what term describes a voluntary transfer of property at an agreed price between independent parties?
To confirm the exact dimensions of a property before purchase, which document should a potential buyer obtain?
To confirm the exact dimensions of a property before purchase, which document should a potential buyer obtain?
What type of deed makes no warranties regarding the title but implies that the grantor has an interest in the property?
What type of deed makes no warranties regarding the title but implies that the grantor has an interest in the property?
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?
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?
Which method of legally describing property uses angles, distances, and boundary markers to define the parcel's perimeter?
Which method of legally describing property uses angles, distances, and boundary markers to define the parcel's perimeter?
When executing a deed, how many grantors are required?
When executing a deed, how many grantors are required?
What is the term for an increase in land area caused by the gradual deposit of soil by a river or stream?
What is the term for an increase in land area caused by the gradual deposit of soil by a river or stream?
What is the real estate term for the process of measuring a parcel of land to determine its boundaries and area?
What is the real estate term for the process of measuring a parcel of land to determine its boundaries and area?
What is the legal term for a written record that specifies the boundaries and details that describe a specific piece of real property?
What is the legal term for a written record that specifies the boundaries and details that describe a specific piece of real property?
Which type of deed provides the greatest protection to the buyer, including covenants guaranteeing clear title and the right to sell?
Which type of deed provides the greatest protection to the buyer, including covenants guaranteeing clear title and the right to sell?
What legal requirement do both a deed and a contract share for their enforceability?
What legal requirement do both a deed and a contract share for their enforceability?
In the context of a deed, which term describes the act of the grantor signing the document, making it legally binding?
In the context of a deed, which term describes the act of the grantor signing the document, making it legally binding?
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?
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?
Which type of deed offers the most comprehensive guarantees concerning the title to the property?
Which type of deed offers the most comprehensive guarantees concerning the title to the property?
When a seller guarantees that the property is free from any undisclosed claims or liabilities they are promising which of the following?
When a seller guarantees that the property is free from any undisclosed claims or liabilities they are promising which of the following?
If a landowner gains new land as the result of a river changing course due to natural causes, this addition is known as what?
If a landowner gains new land as the result of a river changing course due to natural causes, this addition is known as what?
When an owner willingly transfers property rights to another party, what type of transfer is taking place?
When an owner willingly transfers property rights to another party, what type of transfer is taking place?
What legal principle allows someone to claim ownership of property by openly and continuously occupying it for a statutory period, even without legal title?
What legal principle allows someone to claim ownership of property by openly and continuously occupying it for a statutory period, even without legal title?
What term describes the sudden loss of land due to swift, drastic natural events, such as a flash flood changing a river's path?
What term describes the sudden loss of land due to swift, drastic natural events, such as a flash flood changing a river's path?
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?
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?
What is the purpose of recording a deed in the public records?
What is the purpose of recording a deed in the public records?
Which element is essential for a deed to be valid and legally transfer ownership?
Which element is essential for a deed to be valid and legally transfer ownership?
What is the primary function of covenants in a deed?
What is the primary function of covenants in a deed?
What type of legal description includes a Point of Beginning (POB)?
What type of legal description includes a Point of Beginning (POB)?
When a lender forecloses on a property, what type of deed is generally used to transfer ownership to the buyer at a foreclosure sale?
When a lender forecloses on a property, what type of deed is generally used to transfer ownership to the buyer at a foreclosure sale?
What does the term 'habendum clause' refer to in a deed?
What does the term 'habendum clause' refer to in a deed?
What is required for a deed to be valid even if it is not recorded?
What is required for a deed to be valid even if it is not recorded?
What does the term 'chain of title' refer to in real estate?
What does the term 'chain of title' refer to in real estate?
Which body of law primarily governs real property transactions?
Which body of law primarily governs real property transactions?
What is the effect of an easement on property ownership?
What is the effect of an easement on property ownership?
The government's power to take private property for public use, with just compensation, is known as what?
The government's power to take private property for public use, with just compensation, is known as what?
What is the role of title insurance in a real estate transaction?
What is the role of title insurance in a real estate transaction?
Which of the following ensures that the grantor is prevented from denying the transfer of property, because of prior act or representation?
Which of the following ensures that the grantor is prevented from denying the transfer of property, because of prior act or representation?
Flashcards
Transfer Tax Return
Transfer Tax Return
In New York, a transfer tax return is required to be recorded along with the deed.
Recording a 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
Deed Requirements
A deed is not required to state the actual purchase price.
Accession
Accession
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Quitclaim Deed
Quitclaim Deed
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Statute of Frauds
Statute of Frauds
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Voluntary Alienation
Voluntary Alienation
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Survey
Survey
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Acknowledgement
Acknowledgement
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Metes and Bounds
Metes and Bounds
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Grantor Count
Grantor Count
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Accretion
Accretion
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Survey
Survey
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Description
Description
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Full Covenant and Warranty Deed
Full Covenant and Warranty Deed
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Enforceability
Enforceability
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Execution
Execution
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Lot and Block
Lot and Block
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Full Covenant and Warranty Deed
Full Covenant and Warranty Deed
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Clear and Marketable Title
Clear and Marketable Title
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Accretion
Accretion
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Voluntary Alienation
Voluntary Alienation
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Adverse Possession
Adverse Possession
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Avulsion
Avulsion
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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.
Legal Descriptions
- 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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