AL Bar Property 2

Question 1

O conveys 'to A, but if A sells alcohol on the premises, then to B.' What future interest does B hold?

Accepted Answer

Executory interest

Answer

B holds a shifting executory interest because if the condition occurs, title shifts from A to a third party (B) rather than reverting to the grantor.

Question 2

Under the Rule Against Perpetuities, which interest is void if it might not vest within a life in being plus 21 years?

Accepted Answer

Contingent remainder

Answer

The Rule Against Perpetuities applies to contingent remainders, executory interests, and options in gross; vested remainders and reversionary interests in the grantor are exempt.

Question 3

A tenant in common may do all of the following EXCEPT:

Accepted Answer

Unilaterally partition the property without court action

Answer

A tenant in common cannot physically partition jointly held property without either the agreement of all co-tenants or a court-ordered partition; the right to partition requires court action if not agreed upon.

Question 4

An easement appurtenant runs with the land. When the dominant estate is sold, what happens to the easement?

Accepted Answer

It automatically passes with the dominant estate

Answer

An easement appurtenant is tied to the dominant estate and automatically transfers to the new owner without requiring separate assignment.

Question 5

Under Alabama law, which of the following is the proper way to terminate a periodic tenancy?

Accepted Answer

Notice equal to one full period, given prior to the end of a period

Answer

To terminate a periodic tenancy, the terminating party must give notice equal to the length of one period (e.g., one month for a month-to-month tenancy), effective at the end of a period.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Property 2