Transfer by deed - Next Generation Bar Exam

1. When are the present covenants in a general warranty deed breached?

   At delivery of the deed, if at all. The present covenants are seisin, right to convey, and against encumbrances.

2. What does a special warranty deed warrant?

   That the grantor has not created any defect in title during the grantor's ownership. It does not cover defects created by prior owners.

3. What is the rule when a deed's metes and bounds description conflicts with a statement of quantity?

   The metes and bounds description generally controls. Courts rank monuments, then courses and distances, then quantity.

4. When are the future covenants in a general warranty deed breached?

   When the grantee's possession is disturbed by a superior title. The future covenants are quiet enjoyment, warranty, and further assurances.

5. What is the effect of a deed delivered to the grantee subject to an oral condition?

   The deed is effective and the oral condition is generally disregarded. Courts treat delivery to the grantee as absolute.

6. What does a quitclaim deed convey?

   Whatever interest the grantor has, without any warranties of title. The grantee bears the risk that the grantor has no interest.

7. A grantor executes a deed, keeps it in her desk, and tells her son he will get the house when she dies. The son finds it after her death. What is the status of the deed?

   It is ineffective for lack of delivery. The grantor did not intend the deed to be presently effective.

8. What covenants does a general warranty deed contain?

   Seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances. The grantor warrants against defects arising before and during the grantor's ownership.

9. A grantee under a general warranty deed is evicted by a person holding a mortgage created by an owner three transfers earlier. Which covenant gives the grantee a claim against the grantor?

   The covenants of warranty and quiet enjoyment. A general warranty deed covers defects created by any prior owner.

10. What are the requirements for a valid deed?

    A writing signed by the grantor that identifies the parties and adequately describes the land. Consideration is not required.

11. What is required for delivery of a deed?

    The grantor's intent to make the deed presently effective. Physical transfer is evidence of delivery but is neither required nor conclusive.

12. What is the effect of a forged deed?

    It is void and passes no title, even to a bona fide purchaser. A deed procured by fraud in the inducement, by contrast, is voidable.

13. What is the effect of a deed delivered to a third party with instructions to deliver it to the grantee on the grantor's death?

    It is valid if the grantor relinquished control. The grantee receives a present future interest.

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