CP CP Real Property and Real Estate Law 1 — Questions and Answers
Question 1: Which type of deed provides the greatest protection to the grantee by warranting title against all defects, even those arising before the grantor acquired the property?
- Quitclaim deed
- Special warranty deed
- General warranty deed (Correct answer)
- Bargain and sale deed
Correct answer: General warranty deed
A general warranty deed contains covenants warranting title against all defects and encumbrances, including those arising before the grantor's ownership.
Question 2: What is the legal term for the right of a mortgage lender to foreclose on property and sell it when the borrower defaults on the loan?
- Lis pendens
- Power of sale (Correct answer)
- Redemption
- Deficiency judgment
Correct answer: Power of sale
The power of sale clause in a mortgage or deed of trust authorizes the lender to sell the property without court involvement upon the borrower's default.
Question 3: A homeowner grants a utility company the right to run power lines across a corner of their property. This is an example of which real property concept?
- Easement appurtenant
- License
- Easement in gross (Correct answer)
- Profit à prendre
Correct answer: Easement in gross
An easement in gross benefits a specific person or entity (such as a utility company) rather than a neighboring parcel of land.
Question 4: Under the doctrine of adverse possession, which element requires that the possessor's use of the land be inconsistent with the true owner's rights?
- Open and notorious
- Exclusive
- Hostile (Correct answer)
- Continuous
Correct answer: Hostile
The hostile element requires that possession be without the owner's permission and inconsistent with the owner's title rights.
Question 5: What document gives public notice of a pending lawsuit that may affect title to real property?
- Deed of trust
- Lis pendens (Correct answer)
- Abstract of title
- Certificate of occupancy
Correct answer: Lis pendens
A lis pendens ('suit pending') is recorded in the public records to notify potential buyers and lenders that a lawsuit affecting the property's title is pending.
Question 6: Which type of co-ownership allows two or more persons to hold equal, undivided shares with a right of survivorship, meaning a deceased owner's share passes automatically to the surviving co-owners?
- Tenancy in common
- Tenancy by the entirety
- Joint tenancy (Correct answer)
- Tenancy at will
Correct answer: Joint tenancy
Joint tenancy includes the right of survivorship, so when one joint tenant dies, their interest automatically transfers to the remaining joint tenants outside of probate.
CP CP Real Property and Real Estate Law 1
Which type of deed provides the greatest protection to the grantee by warranting title against all defects, even those arising before the grantor acquired the property?