49 Questions
What is the purpose of the Covenant of Warranty in a warranty deed?
To assure there are no outstanding superior interests to the title at the time of conveyance
Which covenant assures that there are no outstanding rights to the estate that would diminish its value?
Covenant Against Encumbrances
Under a statutory warranty deed, what do the common law covenants of title cover?
Acts occurring both prior to and during the grantor's ownership
In a statutory warranty deed, which covenant confirms the grantor has the legal right to convey the property?
Covenant of Right to Convey
What does the Covenant of Seisin ensure in a warranty deed?
The grantor holds legal title to the exact estate conveyed
What is covered by the warranties in a statutory warranty deed?
Acts occurring before and during the grantor's ownership
What is the last title transaction that must be recorded at least 30 years prior to determine marketability under Florida's Marketable Record Title Act?
Root of title
Which type of deed conveys the after-acquired title of the grantor in the property?
Statutory warranty deed
What type of deed is often used in commercial transactions in Florida, with the understanding that title insurance can cover the risks of claims by predecessors in title?
Special warranty deed
What does a quit claim deed convey?
No particular estate but interests owned by grantor
Under what circumstances are quit claim deeds often used?
To correct legal description errors
What types of estates can be conveyed by non-freehold interests?
Any of the estates previously described, including nonfreehold estates like an easement or a lease
Which covenant is generally associated with easements unless otherwise specified?
Noninterference by the grantor
What is the difference between easements appurtenant and easements in gross?
Appurtenant easements run with the land while gross easements are personal to the grantee
'Easements in gross are not favored by the courts' - when is this statement true?
'Easements in gross' are not preferred when they can be construed as appurtenant
According to Florida Statute Section 695.26, which of the following must be included on instruments executed in Florida that convey interests in real property?
All of the above
What space is reserved on instruments for use by the clerk of the circuit court?
A 3-inch square at the top right corner on the first page, and a 1-inch by 3-inch space at the top right corner on subsequent pages
For instruments conveying interests in real property, what information must be included about the grantee(s)?
Their names and addresses must be printed on the instrument
Which of the following instruments is not exempt from the printing requirements in Section 695.26?
Mortgages conveying interests in real property
If a notary performed an online notarization, what additional information must they include on the instrument?
They must specify that it was an online notarization
The requirements of Section 695.26 apply to which of the following types of instruments?
Any instrument conveying, encumbering or disposing of an interest in real property
What is the presumption regarding an easement if doubt exists as to its real nature?
The easement is presumed to be appurtenant
What are the implied covenants generally found in leases, unless expressly disclaimed or limited?
Covenant of title and covenant of quiet enjoyment
According to Florida Statute Section 689.01, what is required for conveyances of freehold, or for a term of more than 1 year, or any uncertain interest in real property, and all estates for years?
They must be in writing and signed in the presence of two witnesses
What is required by Florida Statute Section 725.01 for contracts, leases, and interests affecting real property for a period of more than one year?
They must be in writing
What is required by Florida Statute Section 695.03 for recording any instrument concerning real property?
It must be acknowledged by a notary
If an instrument is signed by a party not in the granting clause, what is the effect?
The instrument is invalid
What is the effect of a deed omitting the name of the grantee?
The deed is not a valid conveyance
Since when have deeds executed by men or women of their separate property (not including homestead) been freely given?
1968
What is the maximum value of a minor's interest in property that can be conveyed by a deed from the natural guardian?
$5,000.00
Which of the following entities is qualified to receive and transfer property in its own name?
All of the above
Which of the following is true about voluntary unincorporated associations?
Trustees of such associations are not capable of holding and conveying title to real property in Florida
What is required if a trust is intended to operate as a testamentary transfer?
All of the above
Who may be parties to a conveyance?
All of the above
What is the effect of the provisions of Chapter 689, Florida Statutes, on the requirement of consideration for a valid conveyance?
Consideration only matters if it is lacking due to fraud, misrepresentation or undue influence
What is the general requirement for the legal description of the property to be conveyed?
The legal description must be noted with particularity, such that a surveyor can locate the property on the ground using the description
What is the effect of the type of conveyance instrument used (e.g., deed, quit-claim, etc.) on the estate conveyed?
The estate conveyed will be deemed to be fee simple title unless the instrument is a quit-claim or specifies other limitations
What is the significance of the inclusion of words such as "warrant and defend" in a conveyance?
Such words relate to the estate being conveyed, but are not sufficient to pass title on their own
What is the general requirement for the words of conveyance used in an instrument?
The words must indicate an intention to transfer title to an estate in the property described
What is one way a conveyance of real property can be described, other than a metes and bounds or platted legal description?
Using a parcel identification number and an address
What is the purpose of explicitly stating exceptions to warranties in a conveyance document, as discussed in the text?
To protect the grantor from liability for known issues with the property
What is the general rule regarding the number of witnesses required for a conveyance of an interest in real property in Florida?
Two witnesses are required
What is the significance of the 2020 change to Section 689.01 of the Florida Statutes mentioned in the text?
It exempted leases from the requirement of two witnesses
What is the general rule regarding the execution of a conveyance by a limited liability company in Florida?
Limited liability companies must execute conveyances in accordance with the same laws applicable to individuals
What is the significance of the statement in the text that 'real estate taxes become a lien on January 1st, although they are not due or payable until November 1st'?
It means that real estate taxes become a lien on the property on January 1st, even though they are not yet due
What is the general rule regarding the execution of a conveyance document by a corporation in Florida?
Corporations may convey property owned by the corporation in the manner prescribed by Chapter 692.01
What is the significance of the statement in the text that 'the signature of a party may be affixed by the person or entity who is the party to the instrument, by the agent for such party, or by such other persons as may be permitted under applicable law'?
It means that the signature on a conveyance document can be made by an agent or other authorized person
What is the significance of the statement in the text that 'a conveyance of "all my lands" may be insufficient in a general context to impart sufficient notice to third parties'?
It means that a conveyance of "all my lands" is not sufficient to provide notice to third parties of the conveyance
What is the general rule regarding the execution of a mortgage on real property in Florida?
Mortgages must be executed in the presence of two subscribing witnesses and must be acknowledged
Test your knowledge about statutory warranty deeds and common law covenants of title, including the covenant of warranty and covenant of quiet enjoyment. Explore the rules specified in Section 689.02 of the Florida Statutes.
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