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Deducing and Investigating Title Flashcards | StudBud
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Deducing and Investigating Title
Deducing and Investigating Title
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1
A Vendor who is a beneficiary under a will must produce --- .
A Deed of Assent/Assenting Conveyance/Conveyance by Way of Assent
None of the above
A Grant of Probate or Letters of Administration with Will Annexed
Both of the above
2
The capacity of a personal representative who is selling property is proven by _________.
The Court Order authorising the sale
The Deed of Assent or Assenting Conveyance
The Grant of Representation
The Will
3
The purchaser should trace unbroken chain of ownership from the ____________ down to the current vendor
previous owners
abstract of title
root of title
anterior root of title
4
A purchaser/his attorney must ensure that all requisitions are answered satisfactorily before accepting title.
True
False
5
Which of the following would not be revealed by a search of the register in Turks and Caicos Islands?
a squatter
a restrictive covenant
a restriction
a caution
6
A purchaser is NOT entitled to rescind the contract if ...
there is an insubstantial misdesription in the size of the property
there was a misrepresentation by the Vendor
the title shown is bad
the title shown is doubtful
7
A Vendor and Purchaser Summons CANNOT be used to resolve a dispute ________ .
as to whether good title is shown
as to the proper form of the conveyance or transfer
as to the validity of the contract
as to the construction of the contract
8
___________ is simply a list of all the material title deeds and events that form the chain of title.
A schedule
An epitome
A requisition
A contract
9
This authority explained "Title cannot commence in nubibus ..."
Williams on Vendor and Purchaser
Re Cox & Neve's Contract
MEPC Ltd v Christian Edwards
Elliott & H Elliott (Builders) Ltd. v Pierson
10
The following is not an example of an encumbrance
restrictive covenant
easement
mortgage
the vendor in possession
11
Subsisting third party rights that affect title to property are generally called ________ .
liabilities
liens
conditions, restrictions and stipulations
encumbrances
12
Which of the following statements is FALSE?
A judgment constitutes a charge on property owned by the judgment debtor
A judgment is an order for a liquidated sum of money and affects title.
A judgment affects future property of a judgment debtor.
A judgment only binds the judgment debtor and cannot bind future owners.
13
A Vendor must show _____ .
good root of title and chain of title
land agreed to be sold & no encumbrances unless agreed
capacity to convey land
all of the above
14
A purchaser in a registered land system would NOT confirm ________.
confirm that that vendor has back title deeds
whether estate is freehold or leasehold
that the vendor is the same as the registered proprietor
that the land described in the contract is the same as title description
15
According to ___ statements in documents 20 years old at the date of the contract are sufficient evidence of truth...
Section 4 of the Statute of Frauds
Section 3(3) of the Conveyancing and Law of Property Act
Section 3(4) of the Conveyancing and Law of Property Act
Section 40 of the Law of Property Act
16
Vendor alone or with others must convey legal and equitable title to land free from encumbrances as per contract - CASE?
Re Cox & Neve's Contract
Timmins v Moreland
MEPC Ltd. v Christian Edwards
Ellliot & H Elliott & Co (Builders) Ltd. v Pierson
17
A lis pendens regarding title to land constitutes notice
True
False
18
Which of the following does not apply to a Vendor & Purchaser Summons?
It is used when facts are not in dispute.
It is used when a specific objection to title is in issue.
It is used when specific performance of the contract is sought
It is binding on the parties to the application but not third parties
19
The purchaser cannot investigate title prior to the root of title unless ______ .
the contract otherwise allows
an incumbrance before the root of title still affects the title
the vendor's title is indefensible & the purchaser is liable to ejectment
all of the above
20
A requisition identifies a defect in title and requires the vendor to remedy it, if necessary at the vendor's cost.
True
False
21
A vendor who is a surviving joint tenant must produce ________ .
a Memorandum of Severance of the joint tenancy
a Death Certificate or a Declaration of Death from the Court.
a Deed of Assent
a Power of Attorney
22
Which of the following words mean the same as "the fee simple"?
equity of redemption
leasehold
freehold reversion
freehold
23
Which of the following is NOT an example of good root of title?
Certificate of Title
Lease
Mortgage
Conveyance on sale
