Property Flashcards
7 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Property flashcards as text
A grantor conveys Blackacre 'to A for life, then to B and her heirs.' B predeceases A. What happens to B's remainder interest?
Answer: It passes to B's heirs or devisees
A vested remainder is freely transferable and passes to B's heirs or devisees upon B's death because it is a property interest that existed at B's death.
Under the recording act in Alabama, which type of statute protects a subsequent bona fide purchaser who records first?
Answer: Race-notice statute
Alabama follows a race-notice recording statute, meaning a subsequent purchaser is protected only if they take without notice AND record before the prior grantee.
A landlord and tenant enter a one-year lease. The tenant holds over after expiration and pays rent for another month. The landlord accepts the rent. What tenancy is created?
Answer: Month-to-month periodic tenancy
When a tenant holds over and the landlord accepts rent, a periodic tenancy is created; since rent was paid monthly, a month-to-month tenancy arises.
Which of the following is required to make an effective deed conveyance in Alabama?
Answer: Delivery and acceptance
A valid deed conveyance requires delivery by the grantor with intent to convey and acceptance by the grantee; recording is not required for the deed to be effective between the parties.
Adverse possession in Alabama requires open and notorious possession for how many years?
Answer: 10 years
Alabama requires 10 years of continuous, open, notorious, hostile, and exclusive possession to establish adverse possession under the general statute.
A testator devises 'my farm to my children who survive me.' At death, two children survive. This creates what type of co-tenancy under Alabama law?
Answer: Tenancy in common
Under Alabama law, a conveyance to multiple persons is presumed to create a tenancy in common unless the deed expressly creates a joint tenancy with right of survivorship.
A mortgage is executed in Alabama. If the mortgagor defaults, what is the lender's primary remedy?
Answer: Judicial foreclosure or nonjudicial foreclosure by power of sale
In Alabama, lenders may foreclose by judicial action or, if authorized by the mortgage instrument, by nonjudicial foreclosure under a power of sale provision.