Real Property Flashcards

Under Virginia law, which of the following is required for the creation of a valid fee simple absolute interest in real property?

Answer: A deed executed and delivered by the grantor

Under Virginia law, the creation of a valid fee simple absolute interest in real property requires a deed that has been properly executed and delivered by the grantor. Execution involves the grantor signing the deed, and delivery signifies the grantor's intent to transfer title immediately. Without both proper execution and delivery, the transfer of ownership is incomplete and legally ineffective.

In Virginia, what is the effect of recording a deed that is not delivered?

Answer: The deed is considered invalid and does not transfer title.

In Virginia, recording a deed without proper delivery does not transfer title and renders the deed invalid. Delivery is a crucial element for a deed to be effective, as it signifies the grantor's intent to convey the property. While recording provides notice to the public, it cannot cure the lack of delivery, which is essential for the legal transfer of ownership.

What is the primary purpose of the doctrine of "adverse possession" under Virginia law?

Answer: To allow a property owner to claim title to land after a certain period of continuous and exclusive use.

The primary purpose of the doctrine of adverse possession under Virginia law is to allow a person to acquire legal title to another's land by occupying it openly, notoriously, continuously, exclusively, and hostilely for a statutory period (typically 15 years in Virginia). This doctrine aims to settle land disputes, encourage productive use of land, and reward those who have treated the land as their own for an extended duration.

Under Virginia law, which of the following is NOT a requirement for a valid will to transfer real property?

Answer: The will must be notarized.

Under Virginia law, a valid will must be in writing, signed by the testator, and attested to by two or more competent witnesses. However, notarization is not a requirement for a will to be valid and transfer real property in Virginia. While notarization can be used for self-proving affidavits, it is not a mandatory element for the will's execution itself.

What is the effect of a “recording statute” in Virginia on subsequent purchasers of real property?

Answer: It provides that a subsequent purchaser who records their deed first has priority over any prior unrecorded interests.

Virginia is a "race-notice" jurisdiction, meaning its recording statute provides that a subsequent bona fide purchaser for value who records their deed first, without notice of a prior unrecorded interest, will have priority over that prior interest. The purpose is to protect innocent purchasers by encouraging prompt recording of deeds, thereby providing public notice of property ownership. This system resolves conflicting claims to the same property based on who records first and without notice.