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1What is adverse possession?
2What are the elements of adverse possession?
3In the law of adverse possession, what purposes are served by requiring the adverse possessor to enter and possess the property?
4In what manner must someone treat another person’s property to possess that property for purposes of adverse possession?
5What is adverse possession under color of title?
6In general, may an adverse possessor obtain title to a tract of property beyond the portion that the adverse possessor actually possesses?
7In general, does adverse possession under color of title require the adverse possessor to have a good-faith belief that the adverse possessor is le...
8May an adverse possessor acquire title to the entire property under color of title despite entering and possessing only a portion of it?
9What is the definition of continuous possession for purposes of adverse possession?
10If a period of continuous possession is substantially interrupted, what effect does the interruption have on the running of the statutory period?
11Will continuous possession be substantially interrupted if the adverse possessor is occasionally absent from the property?
12Will continuous possession be substantially interrupted if the adverse possessor voluntarily abandons the property?
13Will continuous possession be substantially interrupted if the adverse possessor is ousted by someone other than the true owner?
14What judicial action can a true property owner seek to interrupt an adverse possessor’s continuous possession and avoid the transfer of title?
15Can the true owner interrupt an adverse possessor’s continuous possession by physically and openly reentering or retaking the property?
16What is tacking in the law of adverse possession?
17In the law of adverse possession, what is hostile possession?
18Will possession be considered hostile for purposes of adverse possession if the adverse possessor acknowledges the true owner’s superior rights?
19If someone possesses property with the true owner’s permission, can that possession become hostile if the owner withdraws permission?
20In the law of adverse possession, what is the objective test for determining whether possession is hostile?
21In the law of adverse possession, what type of test is used by a minority of jurisdictions to determine whether possession is hostile?
22What is the Maine doctrine of adverse possession for boundary-line disputes?
23In the law of adverse possession, what is the purpose of requiring open and notorious possession?
24In the law of adverse possession, what characteristics make possession open and notorious?
25If an adverse possessor satisfies all elements of adverse possession for the statutory period, does the adverse possessor automatically obtain titl...
26Is there a uniform, modern statutory period for adverse possession?
27At what point in time does the statutory period for adverse possession begin to run?
28In the law of adverse possession, what does it mean to say that a property owner is under a legal disability?
29At what point in time does the statutory possession period for adverse possession begin to run if a legal disability arises in the property owner b...
30Generally, will a property owner’s disability affect the running of the statutory period for adverse possession if the disability arises after the ...
31In the law of adverse possession, what characteristics make possession exclusive?
32In the law of adverse possession, does exclusive possession require that the adverse possessor be the only person to use the property during the st...
33Is an adverse possessor in exclusive possession if other people use the property without acting in subordination to the adverse possessor’s claim?
34May multiple adverse possessors exercise adverse possession at one time?
35In general, does an adverse possessor exercise exclusive possession if the general public uses the property in a way that is consistent with a publ...
36In general, must an adverse possessor pay the taxes on the property to establish adverse possession?
37In a majority of states, does acquisition of title by adverse possession eliminate encumbrances on the property?
38Are future interests transferred by adverse possession?
39If a fee owner sells or otherwise transfers property, does the statutory period for adverse possession start over?
40Under the common law, can someone acquire title from a government owner by adverse possession?
41Under modern law, is it possible for someone to acquire title from a government owner by adverse possession?
42In general, may one cotenant establish adverse possession against other cotenants?
43An accountant was the owner of record of a property. A squatter had been in adverse possession of the property for six years, at which point he tir...
44An architect was the owner of record of a property. A squatter began to adversely possess the property. Before the expiration of the statutory peri...
45What is a deed?
46Must a deed be recorded to be valid?
47What is a bona fide purchaser (BFP) for value?
48After property is transferred by deed from the grantor to the grantee, does the deed have legal significance other than as evidence that the transf...
49In general, must a deed be in writing and signed by the grantor?
50Must a deed be signed by the grantee?
51What is an executed parol gift of real property?
52In general, must a grantor and a grantee be separate individuals or entities?
53In general, must a grantee under a deed be legally capable of taking title to the property?
54In general, if a deed names a fictitious grantee, is the deed capable of transferring title?
55In general, how specifically must a deed describe the grantor and grantee?
56In general, is a deed valid if the grantor executes and delivers the deed to the intended grantee but leaves blank the space for the grantee’s name?
57Does a valid deed require a description of the property being conveyed?
58How precisely must a deed describe the property being conveyed?
59What are the primary methods used to describe the land conveyed in a deed?
60If a property description in a deed requires interpretation, what order of priority will the courts generally give to various forms of reference or...
61If a parcel of land is bordered by a right-of-way, to what part of the right-of-way will the parcel presumably extend?
62Must a deed contain language of conveyance to be valid?
63Are technical words of conveyance required to create a valid deed?
64What is a granting clause in a deed?
65What is a habendum clause in a deed?
66Must a deed contain a mention of consideration given for the property?
67What is the legal effect of a deed that is not properly signed?
68Is a deed valid if it is signed by the grantor’s agent instead of the grantor?
69What is the acknowledgement of a deed?
70What is the attestation of a deed?
71In general, are acknowledgement and attestation required to make a deed effective to convey title to the grantee?
72What constitutes forgery of a deed?
73What is the legal effect of a forged deed on title to the property?
74In the context of deeds, what is fraud in the execution?
75If a deed is procured by fraud in the execution, what is the legal effect of the deed on title to the property?
76In the context of deeds, what is fraud in the inducement?
77If a deed is procured by fraud in the inducement, what is the legal effect of the deed on title to the property?
78Is a broken promise, without more, sufficient to constitute fraud in the inducement?
79What are some of the primary conditions under which a grantor might lack the capacity to execute a deed?
80In general, if a deed is signed by a grantor who lacked capacity to sign, what is the legal effect of the deed on title to the property?
81Is delivery of the deed an essential requirement to transfer title by deed?
82What constitutes legally sufficient delivery of a deed?
83Does delivery of a deed always require physically giving the deed to the grantee?
84If a grantor intends to convey a property interest at some future time, is that intent sufficient to accomplish delivery of a deed?
85After delivery of a deed is completed, may the grantor take back the deed and revoke the conveyance?
86In what circumstances will the courts presume that delivery of a deed has occurred?
87In general, does the grantor’s continued possession of a deed create a rebuttable presumption that delivery has not occurred?
88If a grantor physically hands a deed to a grantee for some purpose other than bringing about an immediate transfer of a property interest, has deli...
89If a grantee obtains a deed from a grantor without effective delivery, then sells the property to a bona fide purchaser (BFP) who has no knowledge ...
90In general, if a grantor induces a grantee to take possession of the property and to make expenditures under the reasonable belief that the grantor...
91If a grantor gives a deed to a third party with unconditional instructions to pass the deed on to the grantee, has the grantor legally delivered th...
92What is the lockbox problem in the delivery of deeds?
93If a deed conveys property to multiple grantees, does delivery to one grantee constitute delivery to all grantees?
94What is conditional delivery of a deed in escrow?
95In general, does conditional delivery in escrow constitute legally valid delivery of a deed?
96If a deed is placed in escrow, at what moment will title pass to the grantee?
97If a deed is placed in escrow, what happens to the deed if it becomes certain that the escrow condition cannot be fulfilled?
98What forms of evidence may be used to prove the conditions under which an escrow agent must deliver the deed to the grantee?
99If a grantor places a deed in escrow and the grantor and grantee have a written contract for the sale of the property, is the grantor generally all...
100If a grantor places a deed in escrow, with instructions to give the deed to the grantee upon the grantor’s death, will most courts treat the escrow...
101If a grantor places a deed in escrow with instructions to give the deed to the grantee only if the grantee survives the grantor, will most courts t...
102In general, if the escrow agent fails to give the deed to the grantee when the escrow condition occurs, does title nonetheless pass immediately to ...
103In general, when property is transferred through escrow, does the grantee’s title relate back to the date when the deed was placed in escrow?
104If an escrow agent wrongfully delivers the deed to the grantee before the escrow condition is fulfilled, does title immediately pass to the grantee?
105In general, if the escrow agent wrongfully delivers the deed to the grantee before the escrow condition is satisfied, can the grantee convey good t...
106A dentist decided to sell his property to a buyer. The dentist executed a deed conveying the property to the buyer and physically handed the deed t...
107In general, may a grantor make an effective conditional delivery of the deed directly to the grantee based on conditions that do not appear in the ...
108If a grantor attempts a conditional delivery of the deed directly to the grantee, subject to conditions not written in the deed, what effect does t...
109If a grantor gives a deed directly to the grantee, and the deed expressly provides that the grant will become effective upon the grantor’s death, w...
110Is the grantee’s acceptance required for a deed to transfer a property interest?
111Do courts generally presume that the grantee accepts a deed if the acquisition would benefit the grantee?
112Do courts generally presume that the grantee accepts a deed if the acquisition would impose a burden on the grantee?
113Who may accept delivery of a deed?
114A grantor delivered a validly executed deed to a property to a grantee. Although he initially accepted the deed, the grantee decided he wanted to t...
115What is title to real property?
116What are covenants of title?
117What are the six major covenants of title conferred by special and general warranty deeds?
118What is a quitclaim deed?
119If a grantee takes through a quitclaim deed, can the grantee rely on the implied warranty of marketable title from the sales contract to remedy any...
120What is a special warranty deed?
121What is a general warranty deed?
122What are the three main types of deeds that can be used to transfer real property?
123Which of the six covenants of title are the present covenants of title?
124Which of the six covenants of title are the future covenants of title?
125Absent a statutory requirement, are the grantor and grantee free to decide which covenants of title the grantor will provide?
126In general, is the covenant of right to convey functionally equivalent to the covenant of seisin?
127May a grantee waive the covenant against encumbrances as to specific encumbrances on the property?
128If a grantee knows of an encumbrance, does this knowledge alone waive the covenant against encumbrances?
129Do some courts hold that open, notorious, or visible encumbrances do not breach the covenant against encumbrances?
130In general, does the existence of a zoning ordinance or other land-use regulation breach the covenant against encumbrances?
131In general, is the covenant of warranty functionally equivalent to the covenant of quiet enjoyment?
132A seller conveyed a general warranty deed to a buyer. At the time of conveyance, the seller had good title to the property and the right to convey ...
133What is the distinction between an immediate grantee and a remote grantee?
134If a grantor breaches one of the present covenants of title, may the immediate grantee sue the grantor for a remedy?
135In general, may a remote grantee sue the grantor for breach of one of the present covenants of title?
136At what point does the statute of limitations begin to run for breach of one of the present covenants of title?
137At what point does the statute of limitations begin to run for breach of one of the future covenants of title?
138If a grantor breaches one of the future covenants of title, may the immediate grantee sue the grantor for a remedy?
139In general, may a remote grantee sue the grantor for breach of one of the future covenants of title?
140If a future covenant of title is breached, may the property owner ever sue grantors who preceded the property owner’s immediate grantor in the chai...
141What is actual eviction?
142What is constructive eviction?
143Does breach of a future covenant of title require that someone with superior title actually interfere with the grantee’s possession and enjoyment o...
144Does a potential claim against the grantee’s title that is never actually asserted breach the covenants of warranty or quiet enjoyment?
145Do a third party’s unfounded claims to superior title breach any of the future covenants of title?
146In general, must a grantee give the grantor notice of a claim to superior title to hold the grantor liable for breach of a future covenant?
147If a grantor purports to convey property that the grantor does not own, may the grantee sue the grantor for breach of any of the future covenants o...
148May a grantee recover damages for breach of the covenants of title?
149In general, are a grantee’s damages for breach of the covenants of title limited to the consideration that the grantee paid for the property, plus ...
150If a grantee is dispossessed of only part of the property, what is the measure of damages for breach of the covenants of title?
151In general, if a grantor has breached any of the covenants of title, may the grantee recover the value of any improvements or other appreciation of...
152If a remote grantee sues for breach of a future covenant of title, do most courts limit the remote grantee’s recovery to the consideration paid by ...
153If a remote grantee sues for breach of a future covenant of title, do a minority of courts allow the remote grantee to recover actual damages up to...
154If a grantor breaches the covenants of title by conveying a lesser estate than the deed purports to convey, what is the measure of the grantee’s da...
155If an encumbrance breaches the covenants of title, what is the measure of damages?
156Under the covenants of warranty and quiet enjoyment, is a grantor liable for the grantee’s litigation costs in unsuccessfully defending against a c...
157Must a grantee who is forced to litigate title give the grantor notice of the litigation to recover litigation costs from the grantor?
158In general, are attorney’s fees included in the recoverable costs of litigation under the covenants of title?
159Do courts generally allow a grantee to recover interest on any damages award under the covenants of title?
160In a typical real estate sales transaction, will the buyer and the seller exchange the deed and the purchase money at the closing?
161In a typical real estate closing, will the buyer execute the promissory note and any accompanying mortgage documents?
162In a residential real estate sales transaction, must the mortgage lender make certain disclosures to the buyer before the closing?
163What is an abstract of title?
164What is a title opinion?
165Does a typical real estate closing involve preparation of an abstract of title or other review of the state of title?
166What is title insurance?
167Does a typical real estate sales closing include the delivery of any title-insurance policy and related documents?
168In a typical real estate sales transaction, are mortgages or other liens against the property often paid out of the sale price at the closing?
169Are documents other than deeds and mortgages commonly involved in a real estate closing?
170What is a title company?
171May both attorneys and non-attorneys, such as real estate brokers or real estate agents, prepare deeds and other closing documents?
172What is a power of attorney?
173Who must sign a deed for it to be effective?
174Must the grantee sign a deed for it to be effective?
175In general, may one spouse execute a deed or other real estate transaction document on behalf of the other spouse without a power of attorney or ot...
176In general, is an authorized trustee’s signature alone sufficient to convey real property held in a trust?
177In general, if a corporation conveys real property, who must sign the deed and other closing documents on behalf of the corporation?
178In general, may either a buyer or a seller appoint an agent to execute the closing documents on her behalf?
179A dentist entered into a land-sale contract to sell his property to a teacher. At closing, the dentist signed the deed, which did not attempt to im...
180What is a will?
181What does it mean that a will is ambulatory?
182What is the difference between a specific devise and a general devise?
183In her will, a landowner devised a specific plot of land to her son and bequeathed $100,000 to her daughter. Is the devise of the land to the son a...
184What is abatement in relation to wills?
185In general, if equitable conversion has occurred and the seller dies before closing, who is entitled to the purchase money?
186In general, if equitable conversion has occurred and the buyer dies before closing, who is entitled to the buyer’s equitable ownership of the prope...
187What is ademption?
188What is pro tanto ademption?
189Does ademption apply only to specific devises?
190What is ademption by extinction?
191If a testator specifically devises property then sells the property within the testator’s lifetime, is the devisee generally entitled to the procee...
192In her will, a landowner devised her property to her son. However, before the landowner died, she sold the property to her neighbor. Assuming the w...
193In general, if specifically devised property is destroyed during the testator’s lifetime and the insurance proceeds are paid out before the testato...
194In general, if a testator becomes incompetent after executing the will and the testator’s guardian sells specifically devised property, do most cou...
195Under what circumstances does ademption by satisfaction occur?
196If a testator gives a gift to a devisee during the testator’s lifetime, will the courts generally presume that the gift is not intended as an ademp...
197What requirements does the Uniform Probate Code impose for ademption by satisfaction?
198What is the traditional common-law doctrine of exoneration in relation to wills?
199Do most states currently follow the rule of exoneration for real property devised in a will?
200In her will, a mother devised a property to her son. The property continued to be burdened by a debt of $500,000 secured by a mortgage. The mother’...
201In the context of a will, what does it mean for a gift to lapse?
202What are antilapse statutes?
203In general, what are the requirements for an antilapse statute to apply?
204What kind of relationship between the testator and the devisee do most antilapse statutes require to trigger the statute?
205In general, to trigger an antilapse statute, must the devisee’s issue survive the testator?
206In general, does an antilapse statute apply if a will expressly conditions a gift on the devisee’s surviving the testator?
207In general, does an antilapse statute apply if a will names an alternative devisee to take in case the initial devise lapses?
208A testator executed a will devising his property “to my son, if he survives me, but if not, to my daughter.” The son died before the testator. Does...
209How does an antilapse statute apply to class gifts in a will?
210What is title assurance?
211In the context of real property, what does it mean to record a document?
212What is a recording act?
213Are recording acts designed to provide public notice of property interests?
214Are recording acts designed to protect interests in real property by establishing rules about the relative priority of competing property interests?
215What types of property interests are subject to recording under most recording acts?
216Must a document be recorded to convey an interest in real property?
217In a typical recording system, what is the procedure for recording a document?
218Do most recording acts impose technical requirements for recording such as acknowledgement or attestation?
219In general, must a document be properly recorded to provide notice within a recording system?
220If a technically unrecordable document is nonetheless recorded, can the document provide notice if the defect is not apparent from the face of the ...
221Does recording a document cure any defects in the underlying transaction?
222What is a chain of title?
223What is the common-law first-in-time rule?
224What is a bona fide purchaser for value (BFP)?
225Do recording acts generally protect BFPs for value against unrecorded or improperly recorded interests in property?
226Can a purchaser be considered a BFP for value as to some prior interests but not as to others?
227What property interests qualify for BFP protections?
228In determining whether someone is a BFP for value, what does it mean to purchase a property interest?
229What is a donee of a property interest?
230In general, can a donee qualify as a BFP for value?
231An owner owns a plot of land. The owner sells the land to a buyer, who forgets to record the deed. Later, the owner gives a neighbor a deed to the ...
232To qualify as a BFP for value BFP, must a purchaser give valuable consideration for the property interest?
233To qualify as a BFP for value, must the purchaser generally give more than nominal consideration for the property interest?
234Under what circumstances is a mortgage loan considered to be valuable consideration that will support BFP status?
235If a creditor acquires a property interest in satisfaction of a debt, is the debt generally considered to be valuable consideration that can qualif...
236In the context of title to real property, what is actual notice?
237In the context of title to real property, what is inquiry notice?
238Will a purchaser generally be considered to have inquiry notice if someone other than the seller is in open possession of the property being purcha...
239Will a purchaser generally be considered to have inquiry notice if a recorded document refers to some other document or conveyance that might affec...
240In general, does the mere use of a quitclaim deed in a prior conveyance of the property provide inquiry notice?
241In the context of title to real property, what is record notice?
242What forms of notice are sufficient to prevent a purchaser from qualifying as a BFP for value?
243In determining whether a purchaser is a BFP for value, as of what moment is the purchaser’s notice or lack of notice determined?
244If a purchaser is buying a property interest in a series of installment payments and acquires notice of a prior interest partway through the series...
245In general, can a purchaser be considered a BFP for value as against prior interests acquired by adverse possession?
246In the context of title to real property, what is the shelter rule?
247In the context of recording acts, what is a race statute?
248In the context of recording acts, what is a notice statute?
249In the context of recording acts, what is a race-notice statute?
250A doctor owned a property in fee simple. On January 1, the doctor executed and delivered a deed conveying the property to a nurse in fee simple. Th...
251What are the three main types of recording acts?
252What is a Torrens system of title?
253Do county recorders and other government offices maintain indices to their records of interests in real property?
254What is a grantor-grantee index system?
255What is the tract index system?
256Are the courts divided over whether an improperly indexed document provides record notice?
257Do many jurisdictions hold a recorder’s office liable to party who is harmed by a mistake in indexing a document?
258What is the doctrine of idem sonans?
259An owner sold a plot of land to a buyer, and the buyer recorded the deed. However, on the deed, the buyer’s name was misspelled. The misspelling wa...
260What does it mean to establish a chain of title?
261What is a title search?
262What is a marketable-title act?
263Do government offices other than recorder’s offices sometimes maintain records related to interests in real property?
264What is lis pendens?
265What is a wild deed?
266An accountant owned a property in fee simple absolute. The jurisdiction was a pure-notice jurisdiction that used a grantor-grantee indexing system....
267In the context of chains of title, what is a prematurely recorded deed?
268In general, does a prematurely recorded deed provide record notice to a subsequent purchaser from the same grantor?
269In most states, must a title examiner search for a grantor in the grantor index covering the period of time before the grantor acquired record title?
270In the context of chains of title, what is a late-recorded deed?
271In general, does a late-recorded deed provide record notice to subsequent purchasers in the chain of title descending from the grantee who recorded...
272In most states, must a title examiner search for a grantor in the grantor index covering the period of time after a grantor passes record title to ...
273In the context of chains of title, what is a common grantor?
274If a common grantor includes use restrictions in one grantee’s deed that do not appear in subsequent deeds, are the courts divided as to whether th...
275If a purchaser buys property that has a forged deed in the chain of title, without notice of the forgery, will the purchaser be protected as a BFP ...
276In general, if someone obtains a deed by fraud in the execution, will a subsequent purchaser who has no notice of the fraud be protected as a BFP f...
277In general, if someone obtains a deed by fraud in the inducement, will a subsequent purchaser who has no notice of the fraud be protected as a BFP ...
278An electrician owned a property. A scammer, impersonating the electrician, forged a deed to the property and conveyed it to a mechanic. The mechani...
279In general, if a deed in a purchaser’s chain of title was recorded but not properly delivered, will a subsequent purchaser who has no notice of the...
280What is the primary difference between an owner’s title-insurance policy and a lender’s title-insurance policy?
281What is the primary difference between exclusions and exceptions in title-insurance policies?
282Must a title insurer defend and indemnify the policyholder against any title defect that is covered by the policy?
283In general, what is the measure of a compensable loss under a title-insurance policy?
284Are courts divided as to whether an insurer can be liable for negligence if the insurer fails to discover a title defect before issuing the policy?
285A landowner sold his property to a doctor. Before closing, the doctor hired a company to perform a title search. The title search came back clean. ...
286What is estoppel by deed?
287May a judgment affecting title to property be recorded?
288An accountant executed and delivered a deed conveying a property he did not own to an engineer. The engineer promptly and properly recorded the dee...
289What is a tax lien?
290In general, do federal tax liens attach to property the taxpayer owned at the time the lien arose and to property the taxpayer acquires after that ...
291Does a federal tax lien attach to interests in real property other than fee ownership?
292In general, if a taxpayer sells or otherwise transfers property that is subject to a federal tax lien, does the lien remain attached to the property?
293In general, must the federal government file a public notice of a tax lien before the lien may attach to the taxpayer’s property?
294In general, must the federal government file a public notice of a tax lien to make the lien enforceable with respect to subsequent purchasers, cred...
295In general, is the priority of a federal tax lien determined by the common-law first-in-time rule?
296In general, does a federal tax lien take priority over a purchase-money mortgage?

What is adverse possession?

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