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David Saks - Broker

Real Estate Practice : Lesson 394

#394

When a conveyance is undertaken, in order for the conveyance to take place the deed must be valid and must be recorded before the conveyance may occur.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

wildlife

A. False

The deed must be valid, but it must also be delivered from one party to another and accepted by the party it's being delivered to.

The deed does not have to be recorded prior to conveyance.

Real Estate Practice : Lesson 393

#393

When a warranty deed is given to the purchaser of a parcel of real estate the warranty deed specifically warrants that the price paid for the property was within 5% of the actual market value of the property.

Is this true or false ?

Take your time on this real tough question :-) The solution, as usual, is posted below the royalty free wildlife photograph.

wildlife

A. False

A warranty deed warrants that the grantor has the right to convey the deed and also owns the property.

Real Estate Practice : Lesson 392

#392

If te government decides to transfer the title of property to a private party this is carried out by means of an instrument commonly known as a quitclaim deed.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

wildlife

A. False

When a private party receives title to property from the government the govermnment will issue a patent to that party.

Generally speaking, a patent is an instrument which is used to convey a parcel of government land to a private party.

Just like granting an inventor the sole rights to an invention, the government is granting an individual the sole rights to a piece of land formerly owned by the government.

Real Estate Practice : Lesson 391

#391

When real estate is transferred from one party to another the process is commonly referred to as the avulsion of quitclaim.

Is this statement true or false ?

Please take your time. The solution is posted below the wildlife photograph.

wildlife

A. False

When real estate is transferred from one party to the next we commonly refer to this prcocess as alienation.

Avulsion is the proccess of a body of water stripping away land and isn't connected to the process of quitclaim.

A quitclaim is a deed that will convey any interest that a grantor has in a property, at the time of the transfer of the deed, without any warranties.

I suppose, for the sake of a laugh, an avulsion of quitclaim might represent the gradual tearing away of the quitclaim from the grantee by a divorce lawyer :-)

Real Estate Practice : Lesson 390

#390

An owner of a parcel of real estate allows a trespasser to continue trespassing on the land and takes no action against the trespasser throughout a statutory period.

The trespasser can inevitably gain the legal right to continue trespassing or using the property under the right of what is called an easement by necessity.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

wildlife

A. False

The right is called an easement by prescription.

An easement by necessity allows the total enjoyment of the land under law.

An easement by prescription is acquired through the hostile, open and continuous use of property over a period of time specified by law.