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

If all elements of adverse possession are met for Alabama's 10-year period (open, notorious, hostile, continuous, exclusive), the encroacher acquires fee title to the encroached strip.

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

The implied warranty of habitability requires landlords to maintain residential rental properties in a condition fit for human habitation throughout the lease term.

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

Because the remaindermen (A's children) are not yet ascertained (A has no children), the remainder is contingent until the class becomes ascertainable.

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

In Alabama, deeds and other instruments affecting real property must be recorded in the office of the judge of probate of the county where the property is situated.

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 license is a revocable, personal privilege to use another's land; unlike an easement, it does not create a property interest and cannot be assigned or run with the land.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Property 3