Study guide

Transfer of Title — Key Facts

Title questions hinge on two things: which deed gives how much protection, and when title actually passes. A general warranty deed protects against defects from any point in history; a quitclaim promises nothing. And title transfers on delivery and acceptance of the deed — not recording, which only gives constructive notice. Add title insurance and adverse possession elements, and this compact topic becomes some of the fastest points on the exam.

Deed Types (Strongest to Weakest Protection)

How Title Actually Transfers

Title Insurance & Adverse Possession

Key vocabulary: Transfer of Title glossary (29 terms)

Practice Transfer of Title

Every Freehold question shows why the right answer is right — and cites its source.

Which deed provides the buyer with the greatest protection?

  1. General warranty deed
  2. Special warranty deed
  3. Bargain and sale deed
  4. Quitclaim deed
Show answer & explanation

General warranty deed — A general warranty deed contains the fullest covenants, warranting title against defects arising at any time, even before the grantor owned the property. Other deed types progressively limit or eliminate these warranties.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

A quitclaim deed conveys:

  1. A guaranteed marketable title
  2. Whatever interest the grantor has, with no warranties
  3. Title insured against all defects
  4. Only a life estate in the property
Show answer & explanation

Whatever interest the grantor has, with no warranties — A quitclaim deed transfers whatever interest the grantor may hold — possibly none — without any warranties of title. It is commonly used to clear title clouds or transfer between family members.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

Title to real property legally transfers when the deed is:

  1. Signed by the grantor
  2. Recorded at the courthouse
  3. Delivered to and accepted by the grantee
  4. Notarized by a public official
Show answer & explanation

Delivered to and accepted by the grantee — Title passes upon delivery and acceptance of the deed during the grantor's lifetime. Recording protects the grantee against later claims by giving public notice, but it is not what transfers ownership.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

An owner's title insurance policy primarily protects against:

  1. Future zoning changes that reduce value
  2. Physical damage to the structure
  3. Defaults on the mortgage loan
  4. Title defects that occurred before the policy date
Show answer & explanation

Title defects that occurred before the policy date — Title insurance is retrospective: it protects against losses from title defects existing before the policy's effective date, such as forged deeds, unknown heirs, or recording errors, discovered after closing.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

To acquire title by adverse possession, a claimant's possession must generally be:

  1. Open, notorious, hostile, and continuous for the statutory period
  2. Secret, permissive, and intermittent
  3. Registered with the county assessor annually
  4. Approved in writing by the record owner
Show answer & explanation

Open, notorious, hostile, and continuous for the statutory period — Adverse possession requires possession that is open and notorious, hostile to the owner's interest, exclusive, and continuous for the statutory period. Permission from the owner defeats the hostility requirement.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

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