Titles and Tranfers by Deed

Question 1

Adverse Possession Requirements

Answer 1

1. Actual
2. Open
3. Notorious
4. Exclusive
5. Hostile
6. Amount of time

Question 2

Physical requirements for AP

Answer 2

AP actually, openly, notoriously, and exclusively occupies the land in a manner sufficient to put the true owner on R notice of a cause of action (trespass) against the APer.

Question 3

Mental requirements for AP

Answer 3

AP has to occupy land w/ a sufficiently hostile intent (claiming as your own).
2 ways:
1. Claim of right - claim land as own OR
2. color of title - APer believes they have good title to property under a deed but does not.

Question 4

Does permission to be on land destroy hostile intent?

Answer 4

Yes, but must be express

Question 5

Must co-tenants have knowledge that they are ousted for their to be a AP situation?

Answer 5

Yes, they must know they are ousted.

Question 6

Encroachment and AP

Answer 6

Majority - mistaken encroachment is sufficient for hostile intent.
Minority - hostile intent exists only if the encroacher was intending to encroach.

Question 7

Time requirement for AP

Answer 7

Must be on the land continuously for the statutory period. CL - 20 years. Ga - 7

Question 8

Tacking (time requirement AP)

Answer 8

combines APers periods of poss in order to meet the statutory requirement. There must be a transfer from one APer to another

Question 9

Scope of what the APer obtains

Answer 9

Generally, the portion of land they actually occupied. (exception: if entered under belief of color of title and occupied a significant portion of said prop, then they can claim the entire parcel described in the flawed deed).
- future interests can’t be obtained by the APer until they become presently possesory.

Question 10

Disability and AP

Answer 10

A disability (infancy, incompetency, imprisonment) can suspend or toll the running of the SOL’s if the disability exists at the time AP begins.

Question 11

3 requirements for a valid conveyance (to transfer a deed)

Answer 11

1. Donative Intent
2. Delivery
3. Acceptance

Question 12

Donative Intent

Answer 12

Grantor must intend to transfer an interest immediatley to the grantee, if G’or intends the deed to take effect only on the death or G’or, formalities of a will must be observed.

Question 13

Delivery of the deed***. Ways to deliver

Answer 13

1. G’or delivers deed to G’ee
2. G’or retains deed
3. G’or gives deed to TP to give to G’ee (escrow)

Question 14

Grantor gives deed to grantee

Answer 14

rebutable presumption of delivery that may be rebutted by extrinsic ev that shows the grantor did not intend a present transfer

Question 15

grantor retains deed

Answer 15

rebuttable presumption of no delivery. may be rebutted by extrinsic evidence that shows a delivery was intended.

Question 16

Grantor gives deed to a TP to give to grantee (escrow)

Answer 16

Doctrine of relation back applies and conditions on delivery.

Question 17

Doctrine of relation back

Answer 17

conveyance to G’ee relates back to date G’or gave deed to TP

Question 18

Conditions on delivery of deed

Answer 18

When G’or hands deed to TP and places conditions on delivery, it gives rise to concerns regarding a situation where the G’or transfer the prop to someone else before the condition occurs. The more conditions G’or places on the conveyance, the more likely the conditioned conveyance will fail.

Question 19

Death escrow

Answer 19

typical situation occurs when the G’or gives deed to TP says, give to G’ee when I die. G’or gives life estate to himself and remainder to G’ee. If G’or expressly retains right to reclaim deed from TP, there is no transfer through escrow.

Question 20

Acceptance of Deed by the Buyer

Answer 20

Presumed if transfer is beneficial to G’ee.

Question 21

Four written requirements of a valid deed to satisfy S of F

Answer 21

1. sufficiently ID the parties
2. words indicating an intent to make
3. sufficient description
4. G’ors signature