FREE VA Bar Real Property Questions and Answers
Under Virginia law, which of the following is required for the creation of a valid fee simple absolute interest in real property?
In Virginia, a fee simple absolute interest in real property is created through the transfer of title via a valid deed. The deed must be executed (signed) by the grantor and delivered to the grantee. Verbal agreements, leases, and contracts to sell do not transfer title and thus do not create a fee simple absolute.
In Virginia, what is the effect of recording a deed that is not delivered?
For a deed to be effective and transfer title, it must be both executed and delivered. Recording a deed alone is insufficient to transfer title if the deed has not been delivered. Delivery is a crucial element in establishing the validity of the deed.
What is the primary purpose of the doctrine of "adverse possession" under Virginia law?
Adverse possession allows a person who occupies land continuously and exclusively for a statutory period (typically 15 years in Virginia) to claim legal title to that land. This doctrine enables someone to gain title to property that they do not hold legal title to, provided certain conditions are met.
Under Virginia law, which of the following is NOT a requirement for a valid will to transfer real property?
In Virginia, a will does not need to be notarized to be valid. The primary requirements are that the will be in writing, signed by the testator, and witnessed by two or more individuals. Notarization is not a requirement for the will's validity but can be used for convenience in certain cases.
What is the effect of a “recording statute” in Virginia on subsequent purchasers of real property?
Virginia’s recording statute operates on the principle of “race-notice.” This means that a subsequent purchaser who records their deed first has priority over any prior unrecorded interests. This protects the interests of those who record their deeds and ensures that recorded interests are enforceable against later claimants.