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Question 1

Adverse Possession

Marketable Title

Answer 1

Title acquired by Adverse possession is not marketable, unless there is a court action for quite title.

Question 2

Equitable Coversion

Answer 2

At the moment a land sale contract is signed, equitable title passes from seller to buyer, and the contract can be specifically enforced.

• at this time, the buyer has real property, and seller has proceeds.

Question 3

Genreal Warranty Deed

Answer 3

Three Present Covenants:

• Covenant is breached at the moment the conveyance is made, and therefor the buyer can sue present covenant immediately. (does not run with the land)
  1) Siesin
  2) Right to Convey
  3) Against Encumbrance

Three Future Covenants:

• Is not breached immediatly. A future breach if at all, as some later date when grantee is distrubed in possession. ( Do run with the land)
  1) Quiet Enjoyment
  2) Warranty
  3) Further Assurance

Question 4

Property SOF

Answer 4

General Rule:

• Any contract for sale of any interest in real property must be:
  1) In writing
  2) Signed by the one who is sued

Also includes:

1) Description of property
2) Name of Parties
3) Price