Podcast
Questions and Answers
In the state's history, Texas land has been organized under how many systems?
In the state's history, Texas land has been organized under how many systems?
A homeowner can claim adverse possession after using a garden that spreads onto a neighbor's land for 10 years.
A homeowner can claim adverse possession after using a garden that spreads onto a neighbor's land for 10 years.
True
Sue needs the deed to sell her property legally.
Sue needs the deed to sell her property legally.
False
A title search will provide satisfactory evidence of title.
A title search will provide satisfactory evidence of title.
Signup and view all the answers
Who is responsible for maintaining complete records of land ownership and transfers?
Who is responsible for maintaining complete records of land ownership and transfers?
Signup and view all the answers
Which is a distinguishing characteristic of good and indefeasible title?
Which is a distinguishing characteristic of good and indefeasible title?
Signup and view all the answers
What do you call a deed that limits liability for encumbrances to those that occurred after the grantor acquired the property?
What do you call a deed that limits liability for encumbrances to those that occurred after the grantor acquired the property?
Signup and view all the answers
Hilda can become the owner of the land after moving onto it for 26 years.
Hilda can become the owner of the land after moving onto it for 26 years.
Signup and view all the answers
If someone were to file an adverse possession suit against the Alberts, what must they prove?
If someone were to file an adverse possession suit against the Alberts, what must they prove?
Signup and view all the answers
Adverse possession includes mineral rights.
Adverse possession includes mineral rights.
Signup and view all the answers
Who receives the title report after an abstracter finishes a title search?
Who receives the title report after an abstracter finishes a title search?
Signup and view all the answers
Children under the age of 18 can legally sell real estate they have title to without any conditions.
Children under the age of 18 can legally sell real estate they have title to without any conditions.
Signup and view all the answers
The granting clause takes precedence over the habendum clause if there's a difference between them.
The granting clause takes precedence over the habendum clause if there's a difference between them.
Signup and view all the answers
A grantee must accept the transfer of land when it is passed on through a will.
A grantee must accept the transfer of land when it is passed on through a will.
Signup and view all the answers
A grantor's general warranty deed can violate the covenant against encumbrances if it does not mention a mortgage lien.
A grantor's general warranty deed can violate the covenant against encumbrances if it does not mention a mortgage lien.
Signup and view all the answers
When does the title commitment process begin?
When does the title commitment process begin?
Signup and view all the answers
Individuals can remove their Social Security numbers from property recording documents.
Individuals can remove their Social Security numbers from property recording documents.
Signup and view all the answers
Why is it necessary to document and record property transfers?
Why is it necessary to document and record property transfers?
Signup and view all the answers
Grants of land from the Republic or the State of Texas are called?
Grants of land from the Republic or the State of Texas are called?
Signup and view all the answers
A valid deed requires the signature of the grantee.
A valid deed requires the signature of the grantee.
Signup and view all the answers
What might items in an abstracter's report include?
What might items in an abstracter's report include?
Signup and view all the answers
Upon the death of one spouse without a will, what happens to the community property?
Upon the death of one spouse without a will, what happens to the community property?
Signup and view all the answers
What does the 10-year adverse possession statute require?
What does the 10-year adverse possession statute require?
Signup and view all the answers
What does an abstracter do for a purchaser wanting an abstract on the property?
What does an abstracter do for a purchaser wanting an abstract on the property?
Signup and view all the answers
What kind of deed contains no warranties against encumbrances?
What kind of deed contains no warranties against encumbrances?
Signup and view all the answers
What is a covenant of seisin?
What is a covenant of seisin?
Signup and view all the answers
What responsibility does a purchaser of real estate have regarding recorded documents?
What responsibility does a purchaser of real estate have regarding recorded documents?
Signup and view all the answers
An abstracter can be held liable for missing information in their records search.
An abstracter can be held liable for missing information in their records search.
Signup and view all the answers
What is a devise in relation to a will?
What is a devise in relation to a will?
Signup and view all the answers
A covenant of further assurance in Texas law is an assurance to deliver good title.
A covenant of further assurance in Texas law is an assurance to deliver good title.
Signup and view all the answers
Under an owner's title insurance policy, who decides what title company will be used?
Under an owner's title insurance policy, who decides what title company will be used?
Signup and view all the answers
An owner's title policy guarantees continued ownership of the property.
An owner's title policy guarantees continued ownership of the property.
Signup and view all the answers
Which of the following is NOT a method for conveying title?
Which of the following is NOT a method for conveying title?
Signup and view all the answers
Which is NOT a requirement of a valid formal will in Texas?
Which is NOT a requirement of a valid formal will in Texas?
Signup and view all the answers
What does the buyer's attorney write after examining the abstract?
What does the buyer's attorney write after examining the abstract?
Signup and view all the answers
When will full title and possession pass to Annette after Xavier's death?
When will full title and possession pass to Annette after Xavier's death?
Signup and view all the answers
Anyone can conduct a title search in public records.
Anyone can conduct a title search in public records.
Signup and view all the answers
What happens to an owner's title insurance policy if the owner dies?
What happens to an owner's title insurance policy if the owner dies?
Signup and view all the answers
If the grantor can only assure the quality of the title during ownership, what type of warranty deed should be offered?
If the grantor can only assure the quality of the title during ownership, what type of warranty deed should be offered?
Signup and view all the answers
A seller can control how a property will be used by the buyer even after transferring the deed.
A seller can control how a property will be used by the buyer even after transferring the deed.
Signup and view all the answers
What kind of policy insures a purchaser of real estate at a court sale?
What kind of policy insures a purchaser of real estate at a court sale?
Signup and view all the answers
If a person declared of legal age sells property and later changes their mind at 18, the sale is voidable.
If a person declared of legal age sells property and later changes their mind at 18, the sale is voidable.
Signup and view all the answers
What document is used to transfer title to real estate at death?
What document is used to transfer title to real estate at death?
Signup and view all the answers
Texas land can be transferred as a result of a poker game.
Texas land can be transferred as a result of a poker game.
Signup and view all the answers
If buyers see a lien against a property when inspecting public records, they have actual notice.
If buyers see a lien against a property when inspecting public records, they have actual notice.
Signup and view all the answers
What is the term for a person who searches a title's history and writes the report?
What is the term for a person who searches a title's history and writes the report?
Signup and view all the answers
How often is a homeowner billed for title insurance?
How often is a homeowner billed for title insurance?
Signup and view all the answers
What does a title insurance policy do for the buyers Albert and Danielle?
What does a title insurance policy do for the buyers Albert and Danielle?
Signup and view all the answers
Where would a grantor's easement be outlined in the deed?
Where would a grantor's easement be outlined in the deed?
Signup and view all the answers
What assumption can a prospective buyer make if they check the records and find that the seller is the grantee in the last recorded deed?
What assumption can a prospective buyer make if they check the records and find that the seller is the grantee in the last recorded deed?
Signup and view all the answers
Which of the following is NOT a transfer by involuntary alienation?
Which of the following is NOT a transfer by involuntary alienation?
Signup and view all the answers
Under Texas law, who pays the landowner's legal fees if a groundless adverse possession claim is made?
Under Texas law, who pays the landowner's legal fees if a groundless adverse possession claim is made?
Signup and view all the answers
Who sets the rate for title insurance in Texas?
Who sets the rate for title insurance in Texas?
Signup and view all the answers
How many days does the seller have to deliver a commitment for title insurance to the buyer under TREC-promulgated residential contracts?
How many days does the seller have to deliver a commitment for title insurance to the buyer under TREC-promulgated residential contracts?
Signup and view all the answers
An organization must be legally organized under Texas law to accept willed property.
An organization must be legally organized under Texas law to accept willed property.
Signup and view all the answers
If a landowner discovers marijuana planted on their property, they can stop growers from filing for adverse possession.
If a landowner discovers marijuana planted on their property, they can stop growers from filing for adverse possession.
Signup and view all the answers
A valid deed must be signed by all grantors named in the deed.
A valid deed must be signed by all grantors named in the deed.
Signup and view all the answers
What kind of policy provides insurance for the loan amount and decreases as the loan is repaid?
What kind of policy provides insurance for the loan amount and decreases as the loan is repaid?
Signup and view all the answers
If a purchaser checks records and finds no mortgage against the property, they can assume the seller did not mortgage it.
If a purchaser checks records and finds no mortgage against the property, they can assume the seller did not mortgage it.
Signup and view all the answers
How far back does a title insurance search go to discover claims for adverse possession?
How far back does a title insurance search go to discover claims for adverse possession?
Signup and view all the answers
Study Notes
Land Organization in Texas
- Texas land has been organized under four systems: Spanish government, Mexican government, Republic of Texas, and State of Texas.
Adverse Possession
- Adverse possession allows a claimant to gain ownership of property if it has been in continuous use for over 10 years, a process known as tacking.
- For adverse possession claims, mineral rights are included.
- A valid adverse possession claim requires proof of recorded ownership and usage, particularly in a dispute against long-term residents.
Property Deeds
- A deed does not need to be present if it was recorded to sell a property.
- Title searches ensure satisfactory evidence of title before property closing.
- Special warranty deeds limit liability for encumbrances to those after the grantor's acquisition.
- Deeds without warranty imply the grantor holds title but carry no assurances against encumbrances.
Title Insurance and Searches
- Title commitments start once the sales contract is delivered to the title insurance company.
- Property transfers need documentation to ensure prospective buyers can view title histories.
- Title insurance policies typically reimburse losses due to incompetent grantors and do not expire upon the homeowner's death.
Grantor and Grantee Responsibilities
- It is the responsibility of the county clerk to maintain complete records of land ownership and transfers.
- Grantors must provide assurances about title ownership, reflected in covenants like seisin and further assurances.
- A grantee may refuse property transfer from a will.
Involuntary Alienation and Liabilities
- Not all transfers, like a deed, fall under involuntary alienation.
- If groundless adverse possession claims arise, the claimant pays the landowner's legal fees.
Formal Wills and Legal Age
- Individuals under 18 can sell property if previously married, and sales may be voidable upon reaching legal age.
- Organizations must be legally organized to accept willed property.
Title Policies and Closing
- Owner title policies ensure coverage for losses but do not guarantee continued ownership.
- A title policy for mortgagees reduces in value as the loan is repaid.
- Buyers are charged for title insurance once, at purchase, and the seller must provide a commitment for title insurance within 20 days post-contract.
Validity and Record Keeping
- Deed requirements include the signatures of all grantors named in the deed.
- An abstracts report includes property record historical details such as grantor/grantee names and deed dates.
- Public records searches are open to anyone and reveal liens, affecting buyer experience.
Miscellaneous Knowledge
- Texas law allows for property transfer via wills and may subject informal agreements to eventual court adjudication.
- Owners must take action against illicit activities like crop farming to protect against adverse possession claims.
- Any changes in property usage can be restricted via deed stipulations.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the nuances of land organization in Texas, including the impact of historical governments and the principles of adverse possession. Learn about property deeds, title insurance, and the significance of title searches in real estate transactions. This quiz covers essential aspects of Texas property law.
