Adverse possession and tacking Bar Exam Flashcards - Medical Study Cards
Master Adverse possession and tacking with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Adverse possession and tacking Flashcard Deck - 10 Cards
Flashcard 1: What elements are generally required for a valid deed?
Answer: A deed must identify the grantor and grantee, describe the property, contain words showing present intent to transfer an interest, and be delivered and accepted. The deed generally need not state consideration or use any particular form of words.
Flashcard 2: What is the difference between a quitclaim deed and a warranty deed?
Answer: A quitclaim deed conveys only whatever interest the grantor has, without covenants of title. A general warranty deed typically includes covenants protecting the grantee against title defects, including those arising before the grantor acquired title.
Flashcard 3: What is the effect of a deed delivered to a third party in escrow?
Answer: If the grantor delivers the deed to a third party with instructions that it be delivered to the grantee only upon a condition, the deed is generally ineffective until the condition occurs. A valid present transfer cannot be reserved while the grantor retains control over whether delivery will occur.
Flashcard 4: Which title covenants are present covenants, and which are future covenants?
Answer: Seisin, right to convey, and against encumbrances are present covenants breached, if at all, at conveyance; warranty and quiet enjoyment are future covenants breached upon later disturbance by a superior title claimant. The covenant of further assurances is also generally treated as a future covenant.
Flashcard 5: What is the effect of an adverse possessor’s disability when the cause of action accrues?
Answer: Under the majority rule, the statute of limitations is tolled only for disabilities existing when the adverse possession begins, and the disability generally must be one recognized by statute, such as minority or mental incapacity. A disability arising later does not extend the limitations period.
Flashcard 6: What is the majority rule for delivery of a deed?
Answer: Delivery requires the grantor’s present intent to transfer the interest, shown by words or conduct, and does not necessarily require physical transfer of the document. Delivery is effective when the grantor relinquishes control subject to no condition inconsistent with present transfer.
Flashcard 7: What is a wild deed, and how does it affect the chain of title?
Answer: A wild deed is recorded outside the chain of title because the grantor does not appear as the record owner, so it generally does not provide constructive notice to later purchasers under the majority rule. The shelter rule may nevertheless protect a transferee who takes from a person protected by the recording statute.
Flashcard 8: What are the elements of adverse possession under the majority rule?
Answer: Possession must be actual, open and notorious, exclusive, hostile, and continuous for the statutory period; hostility generally means possession without the owner’s permission. Tacking is allowed when successive possessors are in privity, such as by voluntary transfer.
Flashcard 9: What is the majority rule for a recording act’s race, notice, and race-notice statutes?
Answer: A race statute protects the first purchaser to record; a notice statute protects a subsequent bona fide purchaser without notice who records are irrelevant; and a race-notice statute requires both lack of notice and first recording. A bona fide purchaser generally must pay value and lack actual, record, and inquiry notice.
Flashcard 10: What is the shelter rule?
Answer: A transferee who would not qualify as a bona fide purchaser may generally succeed to the recording-act protection of the person from whom the transferee received title. The rule does not protect a transferee who previously held the property and was barred by the recording act from claiming protection.
Keywords: Adverse possession and tacking flashcards, medical flashcards, NEET PG preparation, USMLE Step 1 flashcards, Anki alternative, spaced repetition medical, Oncourse flashcards
