Title

Question 1

Adverse Possession

(elements)

Answer 1

1. Continuous
2. Actual
3. Open and Notorious
4. Hostile
5. Exclusive

Question 2

Valid Deed Requirements

Answer 2

1. Must identify the parties
2. Must be signed by the grantor
3. Must include words of transfer
4. Must contain a reasonably definite property description

Question 3

Intent to Transfer a Valid Deed

Answer 3

Grantor must intend to make a present transfer of the property interest to the grantee

Question 4

Three Present Covenants

Answer 4

• Covenant of Seisin: the grantor owns the land as described in the deed
• Covenant of the Right to Convey: the grantor has the right to transfer title
• Covenant Against Encumbrances: no undisclosed encumbrances

Question 5

Three Future Covenants

Answer 5

• Covenant of Quiet Enjoyment: the grantee’s possession will not be interfered with by a third party’s claim for title
• Covenant of Warranty: the grantor will defend against a third party’s claim for title
• Covenant of Further Assurances: the grantor will do whatever is necessary to pass title to the grantee

Question 6

New Homes–Implied Warranty of Fitness or Suitability

Answer 6

• Seller warrants he used adequate materials and workmanship
• Covers hidden and obvious defects
• The buyer has a duty to reasonably inspect the residence
• Buyer may sue for breach against the builder, developer, or contractors within a reasonable time after discovery of the defect