Fundamentals of Surveying (FS) Practice Exam

What does unwritten transfer of title to property imply?

1. Transfer by a holographic will

2. Transfer of property via an oral agreement

3. Acquisition of title by adverse possession

4. None of the above

The correct answer is: Acquisition of title by adverse possession

The concept of an unwritten transfer of title to property often relates to the notion of adverse possession. Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, typically when they have occupied the property for a specific period of time without the permission of the original owner. This can occur even if the transfer of title isn't formalized in writing. For a claim of adverse possession to be valid, the occupying party must usually demonstrate that their possession is actual, open, notorious, exclusive, and continuous for the statutory period defined by state law. If successful, the claimant can gain legal title to the property despite the lack of a written transfer from the original owner, which is why this option accurately reflects the meaning of an unwritten transfer of title. While options referring to a holographic will and oral agreements both involve forms of transfer, they do not align with the concept of "unwritten transfer" in the context of adverse possession. A holographic will is a handwritten document that conveys a person's wishes after death but remains a formal document, and oral agreements lack the legal standing typically required for property transfers. Therefore, the reference to adverse possession stands as the correct interpretation of the unwritten transfer of title.