AL Bar Property 3

Question 1

A landowner builds a fence that encroaches 2 feet onto a neighbor's land. After 10 years, the neighbor sues. Under Alabama law, what is the likely outcome?

Accepted Answer

The encroacher has acquired title by adverse possession

Answer

The neighbor wins because encroachment is a continuing trespass

Answer

The neighbor must accept monetary damages only

Answer

The encroacher gains only an easement by prescription

Question 2

A landlord's implied warranty of habitability requires the landlord to maintain the premises in a condition fit for:

Accepted Answer

Human habitation throughout the tenancy

Answer

Commercial use by the tenant

Answer

The specific purpose described in the lease only

Answer

Fire safety compliance only

Question 3

A grantor conveys property 'to A for life, remainder to A's children.' At the time of the conveyance, A has no children. What interest do A's potential children hold?

Accepted Answer

Contingent remainder

Answer

Vested remainder

Answer

Executory interest

Answer

Springing executory interest

Question 4

In Alabama, a deed must be recorded in which office to provide constructive notice to subsequent purchasers?

Accepted Answer

Probate court of the county where the land is located

Answer

County clerk's office

Answer

Secretary of State's office

Answer

Circuit court clerk's office

Question 5

Which of the following best describes a license in real property law?

Accepted Answer

A revocable personal privilege to use another's land for a specific purpose

Answer

A permanent right to use another's land that runs with the dominant estate

Answer

An irrevocable easement created by estoppel

Answer

A fee simple ownership interest in a portion of another's land

Question 6

A joint tenant conveys her undivided interest to a third party without the other joint tenants' consent. What is the effect on the joint tenancy?

Accepted Answer

The joint tenancy is severed as to the conveying tenant's share, creating a tenancy in common with the grantee

Answer

The conveyance is void; joint tenants cannot convey without consent

Answer

The entire joint tenancy is converted to a tenancy in common among all parties

Answer

The grantee takes as a new joint tenant with the remaining joint tenants

Question 7

Under Alabama law, which of the following is NOT a recognized method of creating an easement?

Accepted Answer

Condemnation by the government

Answer

Express grant in a written instrument

Answer

Implication from prior use

Answer

Prescription (adverse use)