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)
General warranty deed: warrants against defects from ANY point in history — strongest protection.
Special warranty deed: warrants only against defects during the grantor's ownership.
Quitclaim deed: conveys whatever interest exists (maybe none), NO warranties.
How Title Actually Transfers
Title transfers upon DELIVERY and ACCEPTANCE of the deed — not upon recording or signing.
Recording gives constructive notice and priority protection, but doesn't itself transfer title.
Title Insurance & Adverse Possession
Title insurance is retrospective — covers defects that existed BEFORE the policy date.
Adverse possession requires open, notorious, hostile, exclusive, and continuous possession for the statutory period.
Voluntary alienation = deed or will; involuntary = foreclosure, eminent domain, adverse possession, or escheat (dying with no will and no heirs — property passes to the state).
Every Freehold question shows why the right answer is right — and cites its source.
Which deed provides the buyer with the greatest protection?
General warranty deed
Special warranty deed
Bargain and sale deed
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:
A guaranteed marketable title
Whatever interest the grantor has, with no warranties
Title insured against all defects
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:
Signed by the grantor
Recorded at the courthouse
Delivered to and accepted by the grantee
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:
Future zoning changes that reduce value
Physical damage to the structure
Defaults on the mortgage loan
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:
Open, notorious, hostile, and continuous for the statutory period
Secret, permissive, and intermittent
Registered with the county assessor annually
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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