Property Title Dispute Resolution

property law

real property

A landowner sued to quiet title to a certain parcel of property, seeking judgment declaring her as its owner. A farmer opposed the landowner’s claim, asserting that the landowner had delivered to the farmer a deed purporting to convey all her interest in the property. Which of the following additional facts or inferences, if it was the only one true, would provide the landowner with the most effective argument in response to the farmer’s assertion? A. The farmer gave no consideration for the conveyance. B. The deed did not indicate what interest was bring conveyed. C. The deed was not signed by the landowner or her agent. D. The deed was not recorded

Several years ago, a landowner conveyed land to Able. Able immediately resold the land to her partner, Baker, without recording the deed that she had received from the landowner. Baker duly recorded the deed that he received from Able and resold the land two years later to Carr, who immediately recorded his deed. One year after Carr’s purchase of the land, the landowner purported to convey the land to Davis, who immediately recorded his deed. The jurisdiction has a statute that provides that no conveyance of real estate is effective against a subsequent purchaser for value without notice unless it shall have been recorded. The official recording office does not maintain a tract index. If Davis asserts that his title is superior to Carr’s and sues Carr to quiet title to the land, which of the following would be Davis’s most effective argument? A. The deed from Able to Baker was recorded outside the chain of title. B. Able did not have the power to convey the land. C. The landowner was guilty of intentional misrepresentation in the sale of land to Davis. D. Baker had constructive notice that Able had not recorded the deed that she received from the landowner.

Several years ago, a landowner sold a one-acre parcel of land to a prospector, who immediately moved onto the land, built a cabin, and set up a mechanical apparatus for removing gold from the stream that flowed across the property. The prospector never recoded the deed because he heard that he could save money on taxes that way. Two years late, the landowner, who was aware that the prospector had not recoded the deed, purported to sell the land to Able by a deed that Able immediately recoded. As a gift, Able subsequently conveyed the land to Baker. Neither Able nor Baker ever saw or inspected the land. Last month, Baker sold the land to Carr, delivering a quitclaim deed that Carr immediately recorded. The jurisdiction has a statute providing that no conveyance is valid against a subsequent purchaser for value without notice unless it is recorded. Is Carr’s interest in the land superior to the prospector’s? A. Yes, unless the prospector filed a claim under the Federal Mining Act. B. Yes, unless the prospector has been in open and notorious possession of the land long enough to acquire title by adverse possession. C. No, if a reasonable inspection of the land at the time of Carr’s purchase would have disclosed that the prospector was in possession. D. No, if at the time Baker conveyed the land to Carr, Baker was aware that the prospector was in possession of the land.

Adam purchased a large tract of home lots that had not been developed. For three years, he tried, but was unable to finance the tract development. Adam was approached by Barbara to sell her the property. Adam and Barbara agreed upon a price and conveyed title via a statutory warranty deed. Barbara developed one-third of the property, but then ran into financial difficulties. She then sold the remaining property to Carol via a quitclaim deed two years after her purchase from Adam. Three months after Carol took title, she was evicted from a portion of the property by Wendy. Wendy had a superior title to a portion of the property and her ownership interest was wrongfully concealed by the person who sold the property to Adam. Adam lacked knowledge of Wendy’s interest. Carol brought a lawsuit against Adam and Barbara from damages. The court is likely to award judgment against: A. Adam only. B. Barbara only C. Both Adam and Barbara. D. Neither Adam nor Barbara.