NJ Title Producer
Exam Questions
and Complete
Solutions Graded
A+
Denning [Date] [Course title]
,Encumbrance - Answer: Right to land held by a person other than the fee owner. Any interest in an
estate that impairs the use or transfer of property.
Lien - Answer: Charge or claim on real property for the payment of a debt or obligation
2 Types of Property - Answer: Real Property and Personal Property
Real Property - Answer: Land and anything that is permanently affixed to the land. Including what is in
the ground and above the ground. Ex: Houses, Office Building.
Personal Property - Answer: Everything not including real property. Anything that is movable. Ex: Desk,
Pens, Shares of Stock, Patent Rights
Type of Property That Title Insurance Deals With - Answer: Real Property
Type of Property That Title Insurance Does Not Isnure - Answer: Personal Property
Defect In Title - Answer: Broader than a lien or encumbrance. Any matter which may constitute a cloud
on title but does not fall into the category of encumbrance.
Cloud on Title - Answer: An outstanding claim or encumbrance which (if valid) would adversely affect or
impair title. It is not necessary that it actually has an adverse impact. Something that could result in
litigation.
Servitude - Answer: Charge or burden on one ownership property for the benefit of another. Ex:
Easement, Restriction
Easement - Answer: The right of somebody else to use somebodies property for a specific limited
purpose. Ex: Accessing property via driveway through another person's yard
,Restriction - Answer: A private limitation on the right to use real property. Ex: Property may not be
used for the sale of liquor
Restriction are enforceable by ______________ - Answer: Private Litigation
Zoning is enforced by ___________________ - Answer: Government
As it pertains to easements, restrictions, zoning and government regulation. Title is concerned with
_____________ not ___________. - Answer: Concerned with : easements, restrictions
Not concerned with: zoning, government regulation
Private restriction is typically ____________ strict than a zoning requirement - Answer: More
Private restrictions must comply with ___________ - Answer: Government regulations
Feudal System - Answer: The origin of our current land ownership system.
In the feudal system, feudal lease holds could be devised to ________ - Answer: heirs
Tenement - Answer: A Feudal Estate
Tenant - Answer: Party in possession
Tenure - Answer: What the tenant holds
Duty, Loyalty, or Service to the King - Answer: How people paid for interest in King's land in feudal
system
, Subinfeudation - Answer: The practice of transferring estates. Similar to subdivision today.
Quia Emptores - Answer: Prohibited further subinfeudation. Tenant got the right to substitute another
person without the permission of their superior.
Evolution of Property Transfer - Answer: Allodial System, Seisin, Statue of Uses, Statute of Wills, Statue
of Frauds
Allodial System - Answer: Ownership is in the people, subject to regulation by and reservation of
certain rights in the sovereign (the government)
Seisin - Answer: Involved the ritual of transferring property from one to another. Ex: Delivering a
branch to a new person.
Statute of Uses - Answer: The livery of seisin was no longer required
Statue of Wills - Answer: Allowed the transfer of property through your last will and testament
Statute of Frauds - Answer: Transfer of Real Property must be in writing
Prior to 1964 - Answer: New Jersey was owned by the King of England, through right of discovery
After March 1964 - Answer: King Charles granted New Jersey to James the Duke of York
Carteret and Berkeley - Answer: Two men who were granted New Jersey by James Duke of York
In 1669 - Answer: Land was purchased from the Natives
In 1673 - Answer: Dutch captured New York and New Jersey
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