FREE RI Bar Real Property Questions and Answers
What is an "easement" in real property law?
An easement is a legal right to use another person's land for a specific purpose, such as accessing a roadway or utility lines. It does not transfer ownership but allows the holder to use the land in a particular way.
What does the doctrine of "adverse possession" allow a person to do with regard to real property?
Adverse possession allows a person to gain title to property by using it continuously, openly, and without the permission of the true owner for a legally prescribed period. This doctrine helps resolve disputes over land ownership when the true owner has not exercised their rights.
Which type of deed provides the greatest protection to the grantee in a real estate transaction?
A warranty deed provides the greatest protection to the grantee because it guarantees that the grantor holds clear title to the property and agrees to defend against any claims to the title. This type of deed includes warranties of title and protection against any defects that may arise.
Which of the following is required for the transfer of real property ownership to be legally effective in Rhode Island?
In Rhode Island, the transfer of real property ownership is legally effective when a deed is executed (signed) by the grantor (seller) and delivered to the grantee (buyer). While a written contract and payment of the purchase price are important in the transaction, the deed itself must be signed and delivered to complete the transfer of ownership.
What is the primary purpose of a title search in a real estate transaction?
A title search is conducted to verify the legal ownership of the property and to identify any encumbrances, such as liens or easements, that could affect the transfer of ownership. This process helps ensure that the buyer receives clear and marketable title to the property.