CPL Land Acquisition & Title Examination 2 — Questions and Answers
Question 1: Which document transfers ownership of real property from a grantor to a grantee and must be delivered and accepted to be effective?
- Mortgage
- Deed (Correct answer)
- Lease
- Option agreement
Correct answer: Deed
A deed is the legal instrument that conveys title to real property and requires delivery and acceptance to be legally effective.
Question 2: What is a 'wild deed' in the context of title examination?
- A deed recorded outside the chain of title (Correct answer)
- A deed with excessive acreage description
- A deed executed by a minor
- A deed with an ambiguous legal description
Correct answer: A deed recorded outside the chain of title
A wild deed is one that is recorded but falls outside the chain of title because the grantor had no prior recorded interest, making it ineffective against subsequent bona fide purchasers.
Question 3: Under the Uniform Vendor and Purchaser Risk Act, if a property is substantially destroyed before closing, who bears the loss?
- The purchaser always bears the loss
- The vendor bears the loss (Correct answer)
- The loss is split equally
- The title insurance company bears the loss
Correct answer: The vendor bears the loss
Under the Uniform Vendor and Purchaser Risk Act, the vendor (seller) bears the risk of loss if the property is substantially destroyed before legal title or possession passes to the buyer.
Question 4: A 'gap' in the chain of title refers to:
- A time period when no deeds were recorded
- A missing link in the ownership history (Correct answer)
- An unrecorded easement
- A discrepancy in acreage between two deeds
Correct answer: A missing link in the ownership history
A gap in the chain of title occurs when there is a missing conveyance connecting one owner to the next, creating an unresolved break in the ownership history.
Question 5: Which type of notice is imputed to a buyer because a document is properly recorded in the public records?
- Actual notice
- Inquiry notice
- Constructive notice (Correct answer)
- Implied notice
Correct answer: Constructive notice
Constructive notice is legally imputed to all parties based on documents properly recorded in the public records, regardless of whether the buyer actually reviewed them.
Question 6: What is the primary purpose of an affidavit of heirship in oil and gas title work?
- To establish the value of an estate
- To establish identity of heirs when no probate has been filed (Correct answer)
- To waive homestead rights
- To confirm lease rental payments
Correct answer: To establish identity of heirs when no probate has been filed
An affidavit of heirship is used to establish the identity of heirs to a deceased person's estate when no probate proceeding has been initiated, helping to establish a marketable chain of title.
Question 7: When a landman encounters a deed that contains a Mother Hubbard clause, what does this typically include?
- All royalty interests in the county
- Small strips and gores adjacent to the described property (Correct answer)
- All mineral interests owned by the grantor
- Future acquired property in the same township
Correct answer: Small strips and gores adjacent to the described property
A Mother Hubbard clause (or cover-all clause) conveys small strips and gores of land adjacent to the described property that may not be explicitly described in the deed.
CPL Land Acquisition & Title Examination 2
Which document transfers ownership of real property from a grantor to a grantee and must be delivered and accepted to be effective?