Bar Exam Real Property 2

Question 1

A grantor conveys Blackacre 'to A for life, then to B and her heirs.' B dies before A. What is the state of the title?

Accepted Answer

B's remainder passes to B's heirs or devisees, and A's life estate continues

Answer

A's life estate ends because B's future interest has lapsed

Answer

The grantor has a reversion that takes effect immediately upon B's death

Answer

The property reverts to the grantor at the time of B's death, terminating A's life estate

Question 2

Under the common law Rule Against Perpetuities, an interest is void if it might not vest within:

Accepted Answer

A life in being at the creation of the interest plus 21 years

Answer

100 years from the creation of the interest

Answer

21 years after the death of the grantor

Answer

Two generations from the creation of the trust

Question 3

O conveys Blackacre 'to A and her heirs so long as the land is used for farming, and if not, to B and his heirs.' What interest does B hold?

Accepted Answer

A shifting executory interest

Answer

A contingent remainder

Answer

A right of entry (power of termination)

Answer

A springing executory interest

Question 4

In a general warranty deed, which covenant is breached at the time of delivery if the grantor does not have the title she purports to convey?

Accepted Answer

Covenant of seisin

Answer

Covenant of quiet enjoyment

Answer

Covenant of warranty

Answer

Covenant against encumbrances

Question 5

Which recording act type protects a subsequent bona fide purchaser who records first, even if the prior grantee had not yet recorded?

Accepted Answer

Race-notice statute

Answer

Race statute

Answer

Notice statute

Answer

Pure notice statute

Question 6

A landlord leases an apartment to a tenant for one year. The landlord's furnace fails during a harsh winter, leaving the apartment without heat for six weeks despite the tenant's repeated complaints. Under the implied warranty of habitability, what is the tenant's remedy?

Accepted Answer

The tenant may vacate and terminate the lease, or remain and withhold or reduce rent, or repair and deduct

Answer

The tenant has no remedy because the lease was entered into as-is

Answer

The tenant must continue paying full rent until a court orders otherwise

Answer

The tenant's only remedy is to call the housing authority, as landlords have no civil liability for habitability breaches