1. Is it possible for a document to convey fee title to land even though it does not contain the word deed? If so, why?
Yes it is possible because there are several ways land can be transferred. Deeds were not always used to transfer real estate. In early England, when land was sold, its title was conveyed by inviting the purchaser onto the land. In the presence of witnesses, the seller picked up a clod of earth and handed it to the purchaser.
2. In the process of conveying real property from one person to another, at what instant in time does title actually pass from the grantor to the grantee?
Although a deed may be completed and signed, it does not transfer title to the grantee until the grantor voluntarily delivers it to the grantee and the grantee willingly accepts it. At that moment title passes.
3. What legal protections does a full covenant and warranty deed offer a grantee?
Legal protections include: covenant of seizin, covenant of quiet enjoyment, covenant against encumbrances, covenant of further assurance, and warranty forever. These are backed by title insurance and the grantee is also more comfortable if the deed is backed by title insurance.
4. As a real estate purchaser, which deed would you prefer to receive: warranty, special warranty, or bargain and sale? Why?
I would like a warranty deed because with a special warranty there is a limited coverage and with bargain and sale there is no warranty.
5. What are the hazards of preparing your own deeds?
Preparing your own deeds ca pose some. Hazards can be; inaccurate description of what is being granted. Also, there could be the lack of necessary information and legal formalities not being followed.
10. Can a person who has rented the same building for 30 years claim ownership by virtue of adverse possession? Why or why not?
Yes, if the legal owner has done nothing to claim the property then after a period of time it belongs to the renter. Courts of law are quite...