Questions and Answers
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.
True
Sue needs the deed to sell her property legally.
False
A title search will provide satisfactory evidence of title.
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Who is responsible for maintaining complete records of land ownership and transfers?
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Which is a distinguishing characteristic of good and indefeasible title?
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What do you call a deed that limits liability for encumbrances to those that occurred after the grantor acquired the property?
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Hilda can become the owner of the land after moving onto it for 26 years.
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If someone were to file an adverse possession suit against the Alberts, what must they prove?
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Adverse possession includes mineral rights.
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Who receives the title report after an abstracter finishes a title search?
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Children under the age of 18 can legally sell real estate they have title to without any conditions.
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The granting clause takes precedence over the habendum clause if there's a difference between them.
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A grantee must accept the transfer of land when it is passed on through a will.
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A grantor's general warranty deed can violate the covenant against encumbrances if it does not mention a mortgage lien.
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When does the title commitment process begin?
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Individuals can remove their Social Security numbers from property recording documents.
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Why is it necessary to document and record property transfers?
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Grants of land from the Republic or the State of Texas are called?
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A valid deed requires the signature of the grantee.
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What might items in an abstracter's report include?
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Upon the death of one spouse without a will, what happens to the community property?
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What does the 10-year adverse possession statute require?
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What does an abstracter do for a purchaser wanting an abstract on the property?
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What kind of deed contains no warranties against encumbrances?
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What is a covenant of seisin?
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What responsibility does a purchaser of real estate have regarding recorded documents?
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An abstracter can be held liable for missing information in their records search.
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What is a devise in relation to a will?
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A covenant of further assurance in Texas law is an assurance to deliver good title.
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Under an owner's title insurance policy, who decides what title company will be used?
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An owner's title policy guarantees continued ownership of the property.
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Which of the following is NOT a method for conveying title?
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Which is NOT a requirement of a valid formal will in Texas?
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What does the buyer's attorney write after examining the abstract?
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When will full title and possession pass to Annette after Xavier's death?
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Anyone can conduct a title search in public records.
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What happens to an owner's title insurance policy if the owner dies?
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If the grantor can only assure the quality of the title during ownership, what type of warranty deed should be offered?
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A seller can control how a property will be used by the buyer even after transferring the deed.
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What kind of policy insures a purchaser of real estate at a court sale?
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If a person declared of legal age sells property and later changes their mind at 18, the sale is voidable.
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What document is used to transfer title to real estate at death?
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Texas land can be transferred as a result of a poker game.
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If buyers see a lien against a property when inspecting public records, they have actual notice.
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What is the term for a person who searches a title's history and writes the report?
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How often is a homeowner billed for title insurance?
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What does a title insurance policy do for the buyers Albert and Danielle?
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Where would a grantor's easement be outlined in the deed?
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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?
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Which of the following is NOT a transfer by involuntary alienation?
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Under Texas law, who pays the landowner's legal fees if a groundless adverse possession claim is made?
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Who sets the rate for title insurance in Texas?
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How many days does the seller have to deliver a commitment for title insurance to the buyer under TREC-promulgated residential contracts?
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An organization must be legally organized under Texas law to accept willed property.
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If a landowner discovers marijuana planted on their property, they can stop growers from filing for adverse possession.
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A valid deed must be signed by all grantors named in the deed.
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What kind of policy provides insurance for the loan amount and decreases as the loan is repaid?
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If a purchaser checks records and finds no mortgage against the property, they can assume the seller did not mortgage it.
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How far back does a title insurance search go to discover claims for adverse possession?
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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.
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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.
