Deeds & Closing

Question 1

To pass legal title from grantor to grantee, the deed must be…

Answer 1

lawfully executed and delivered.

Question 2

Executing a valid deed requires:

Answer 2

(1) A writing signed by the grantor;
(2) An unambiguous desription of the land;
(3) Identification of the parties by name or description;
(4) Words of intent to transfer, such as “grant.”

Question 3

HYPO: The deed recites that O conveys “all of O’s land,” or “all of O’s land in Essex County,” would these descriptions suffice?

Answer 3

Yes – with research “all” can be discerned.

Question 4

If a deed is delivered with the name of the grantee left blank, the court…

Answer 4

presumes the person taking delivery has authority to fill in the name of the grantee.

Question 4

If a deed is delivered with the land description left blank, the court will…

Answer 4

void the deed, unless the grantee was explicitly given authority to fill in the description.

Question 4

A deed isn’t effective to transfer an interest in realty unless it has been…

Answer 4

delivered.

Question 5

Delivery is presumed if:

Answer 5

1. Grantee has possession of the deed;
2. The deed has been handed to the grantee;
3. The deed is acknowledged by the grantor in front of a notary; or
4. The deed is recorded.

Question 6

The legal standard for delivery is…

Answer 6

the grantor’s intent to pass title.

Question 7

HYPO: As a surprise graduation gift, A’s Aunt Gertrude executes a deed conveying Blackacre to A. A responds, “I can’t accept such a lavish gift,” who does Blackacre belong to?

Answer 7

Aunt Gertrude – express rejection defeats delivery.

Question 8

HYPO: O conveys a deed to Blackacre that is absolute on its face, but says to grantee, “Blackacre is yours only if you survive me.” What is the effect of the oral condition?

Answer 8

It is VOID, an oral condition drops out – the Grantee will take free of the condition.

Question 9

A Quitclaim deed promises….

Answer 9

nothing, grantor isn’t even promising that he has title to convey.

Question 10

A General Warrantee deed promises….

Answer 10

to warrant against all defects in title, including those attributable to the grantor’s predecessors.

Question 11

A Special Warranty Deed promises…

Answer 11

to warrant against all defects in title, only on behalf of himself.

Question 12

The three present covenants are….

Answer 12

1. The covenant of seisin;
2. The covenant of the right to convey;
3. The covenant against encumbrances.

Question 13

The three futue covenants are…

Answer 13

1. The covenant of quiet enjoyment;
2. The covenant of warranty; and
3. The covenant for future assurances.

Question 14

A future covenant is not breached until…

Answer 14

the grantee is disturbed in possession.

Question 15

A statuatory specialty warranty deed creates by implication two limited assurances against acts of the grantor, these are…

Answer 15

1. That the grantor has not conveyed the same estate or any interest therein to anyone other than the grantee; and
2. That the estate is free from encumbrances made by the grantor.

Question 16

How does one know when a statuatory special warranty deed is implicated?

Answer 16

When the deed is conveyed by use of the word “grant” in a conveyance without a designation of the type of deed.

Question 17

If there are successive conveuances by general warrantee deed and the last grantee is evicted by lawful claim of title, he may sue…

Answer 17

anyone up the line.

Question 18

In Virginia, a deed to a dead person is…

Answer 18

void, but the doctrine of equitable conversion will allow a deed to be made to the dead person’s estate.

Question 19

A void deed will be ….

Answer 19

set aside by the court, even if the property has passed to a bona fide purchaser.

Question 20

A voidable deed will be set aside only if…

Answer 20

the property has not passed to a bona fide purchaser.

Question 21

Void deeds include those that are…

Answer 21

1. Forged;
2. Never delivered;
3. Issued to a nonexistent grantee; or
4. Obtained by fraud in the factum.

Question 22

Voidable deeds include those…

Answer 22

1. Executed by a minor or incapacitated person; and
2. Those obtained through fraud in the inducement, duress, undue influence, mistake, and breach of fiduciary duties.