Exam (elaborations)
PA RE Fundamentals Quiz -9 (1).
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- Pennsylvania Real Estate Fundamentals
PA RE Fundamentals Quiz -9 (1).
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PA RE Fundamentals Quiz #9If a competent surveyor can locate the property using the description, the land is considered to
be adequately described.
a. True
b. False - ANS-A. TRUE
A valid deed must contain an accurate description of the real estate conveyed. Land is
considered adequately described if a competent surveyor can locate the property using the
description.
An affidavit of no pending domestic litigation intends to ensure that the title would NOT be
clouded by claims in a property settlement.
a. True
b. False - ANS-A. TRUE
A grantor's nonowning spouse may be required to sign a deed to waive any marital rights. An
affidavit of no pending domestic litigation intends to ensure that the title would not be clouded by
claims in a property settlement.
Only a durable power of attorney confers authority for an agent to act, notwithstanding the
principal's incapacity.
a. True
b. False - ANS-A. TRUE
An attorney-in-fact is defined as the principal's agent and as such is obligated to exercise the
powers with certain due care on the principal's behalf. Only a durable power of attorney confers
authority for the agent to act notwithstanding the principal's disability or incapacity.
An acknowledgment is essential to the validity of a deed.
a. True
b. False - ANS-B. FALSE
Although an acknowledgment is not essential to the validity of a deed, a deed that is not
acknowledged is not a completely satisfactory instrument. In Pennsylvania, an unacknowledged
deed is not eligible for recording. An unrecorded deed is valid between the grantor and the
grantee, but it may not be a valid conveyance against claims by subsequent innocent
purchasers.
, In Pennsylvania, a state transfer tax, currently 1 percent, is imposed on the full consideration
paid for the real estate.
a. True
b. False - ANS-A. TRUE
In Pennsylvania, a state transfer tax, currently 1 percent, is imposed on the full consideration
paid for the real estate. In addition, state law also permits local taxing districts (city, borough,
township, and school district) to impose a transfer tax.
Uninterrupted possession must endure for 12 years, but successive periods of adverse
possession by different adverse possessors may NOT be combined.
a. True
b. False - ANS-B. FALSE
Uninterrupted possession must endure for the statutory period, which in Pennsylvania is 21
years. Through the principle of tacking, successive periods of adverse possession by different
adverse possessors can be combined so that a person who is not in possession for the entire
statutory time may establish a claim.
There are no rigid tests to determine the capacity to make a will under Pennsylvania law.
a. True
b. False - ANS-A. TRUE
A testator must have legal capacity to make a will. There are no rigid tests to determine the
capacity to make a will. Pennsylvania law states that a person must be of legal age (18) and
sound mind.
Title to the decedent's property passes to the heirs according to Pennsylvania's law of descent
and distribution when a person dies intestate.
a. True
b. False - ANS-A. TRUE
When a person dies intestate, title to the deceased's property passes to the decedent's heirs
according to Pennsylvania's law of descent and distribution. The primary heirs of the deceased
are the spouse and close blood relatives.
When a person dies intestate, the decedent's relatives decide the entitlement under the statute
of descent and distribution.
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