#399
When a subdivision creates private restrictions in the declaration of Covenants, Conditions and Restrictions, or CC&R's, the restrictions are originally created when the subdivision was planned and are enforced by the developer.
Is this true or false ?
Take your time. The solution is posted below the wildlife photo.
A. True
The CC&R's are established by the developer and the owners of the lots in the subdivision have an obligation to supoort them.
#398
If there is a cloud on a title, and it seems that it can't be cleared, a judicial proceeding takes place that decides ownership with a suit for the partition of the property in question.
Is this true or false ?
Take your time. The solution is posted below the wildlife photo.
A. False
When a title can't be cleared, a suit to quiet title action is undertaken and allows the court to establish the interests of all parties regarding a parcel of real estate.
#397
One of the main reasons why the grantee should see to it that the deed is recorded properly is to demonstrate that the deed was conveyed and accepted.
Is this statement true or false ?
Take your time. The solution is posted below the wildlife photo.
A. False
The most important reason for recording the deed is to give constructive notice of the grantee's interest in the property.
Constructive notice is when a person should know of something through discovery by reasonable diligence which includes searching public records.
Constructive notice is an edict of law which applies whether or not the individual actually knew of the recording of the deed.
#396
If a will is written but there is no witness to the composition of the will this type of will is commonly referred to as a formally executed will.
Is the description of this type of will considered to be a true or false description ?
Take your time. The solution is posted below the wildlife photo.
A. False
A will which is handwritten and not witnessed is called a holographic will.
Some states actually recognize this type of will even though it's unwittnessed.
The will has to be dated and signed by the testator but it doesn't have to be witnessed.
#395
If there just happens to be an unfortunate cloud on the title the cloud may be cleared by underwriting a title insurance policy.
Is this true or false ?
Take your time. The solution is posted below the wildlife photo.
A. Very false
Whenever there is a cloud on a title the usual way to clear the cloud on the title is to use a quitclaim deed which will convey any interest in a property that the grantor may have.
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