CHCP Deed Types & Property Conveyance 2 — Questions and Answers
Question 1: Which type of deed is most commonly used in California and other western states as an alternative to the general warranty deed?
- Quitclaim deed
- Grant deed (Correct answer)
- Bargain and sale deed
- Special warranty deed
Correct answer: Grant deed
The grant deed is widely used in California and western states and implies that the grantor has not previously conveyed the property to anyone else and that it is free of encumbrances created by the grantor.
Question 2: Which phrase is a typical example of a granting clause (words of conveyance) in a deed?
- I hereby mortgage and pledge
- I hereby grant and convey (Correct answer)
- I hereby lease and rent
- I hereby encumber and hypothecate
Correct answer: I hereby grant and convey
'Grant and convey' is a standard granting clause expressing the grantor's clear intent to transfer ownership of the property to the grantee.
Question 3: When property is transferred according to a deceased person's will, the deed used is called a:
- Administrator's deed
- Executor's deed (Correct answer)
- Guardian's deed
- Trustee's deed
Correct answer: Executor's deed
An executor's deed is used when property is conveyed pursuant to a will, and it is signed by the executor named in that will on behalf of the estate.
Question 4: The method of describing land that uses compass directions, distances, and physical landmarks to define property boundaries is known as:
- Lot and block description
- Metes and bounds description (Correct answer)
- Government survey description
- Street address description
Correct answer: Metes and bounds description
Metes and bounds is a legal land description method using compass bearings, measured distances, and physical monuments to trace the perimeter of a parcel.
Question 5: Which element is required for a deed to be considered legally 'delivered and accepted' between the parties?
- Recording at the county recorder's office
- Payment of the full purchase price
- Physical or constructive transfer of the deed with intent to convey (Correct answer)
- Notarization by a licensed notary public
Correct answer: Physical or constructive transfer of the deed with intent to convey
Delivery requires that the grantor transfer the deed with genuine intent to convey ownership, and the grantee must accept it; recording is needed only to protect against third-party claims.
Question 6: A bargain and sale deed without covenants transfers property:
- With a full general warranty of title
- With no warranties about the quality of the title (Correct answer)
- With a warranty limited to the grantor's ownership period
- Free of all mortgages and liens
Correct answer: With no warranties about the quality of the title
A bargain and sale deed without covenants conveys whatever interest the grantor holds but makes no warranties about title quality, leaving the grantee with no recourse against the grantor for title defects.
Question 7: In which situation would a trustee's deed be used?
- When property is sold at a county tax lien auction
- When a trust conveys property held in the trust's name (Correct answer)
- When a deceased owner transfers property through a will
- When a court orders the partition of jointly owned property
Correct answer: When a trust conveys property held in the trust's name
A trustee's deed is executed by a trustee when conveying real property that is held in trust on behalf of the trust's beneficiaries.
Which type of deed is most commonly used in California and other western states as an alternative to the general warranty deed?