CAS Bar Property Law 2

Question 1

Under the common law Rule Against Perpetuities, a future interest is void unless it must vest or fail within:

Accepted Answer

21 years after the death of a life in being at the creation of the interest

Answer

100 years after the creation of the interest

Answer

21 years from the date of the grantor's death

Answer

The lifetime of the grantee plus 21 years

Question 2

O conveys 'to A for life, then to B if B survives A.' B's interest is best classified as:

Accepted Answer

A contingent remainder

Answer

A vested remainder subject to divestment

Answer

An executory interest

Answer

A reversion in B

Question 3

Which statement correctly distinguishes a fee simple determinable from a fee simple subject to condition subsequent?

Accepted Answer

A fee simple determinable automatically terminates upon breach; a fee simple subject to condition subsequent requires the grantor to exercise a right of re-entry

Answer

A fee simple subject to condition subsequent automatically terminates; a fee simple determinable requires court action to enforce

Answer

Both estates automatically terminate upon the happening of the stated event

Answer

Neither estate creates a future interest in the grantor

Question 4

A and B hold Blackacre as joint tenants. Without B's knowledge, A conveys her interest to C by deed. Which of the following is true?

Accepted Answer

C and B now hold Blackacre as tenants in common

Answer

The conveyance is void because joint tenants cannot unilaterally transfer their interest

Answer

C becomes a new joint tenant with B, preserving the right of survivorship

Answer

B has a right of first refusal that may void the conveyance

Question 5

Co-owners of real property who disagree about its use and cannot reach an agreement have which legal remedy available as a matter of right?

Accepted Answer

Partition

Answer

Quiet title action

Answer

Ejectment

Answer

Declaratory judgment

Question 6

Under California law, which of the following does NOT create a valid joint tenancy?

Accepted Answer

Two heirs receiving property equally through intestate succession

Answer

A deed expressly granting property 'to A and B as joint tenants with right of survivorship'

Answer

A sole owner conveying property to herself and another person as joint tenants by recorded deed

Answer

A written agreement between existing tenants in common to reconvert to joint tenancy

Question 7

Under California Civil Code § 683.2, a joint tenant may unilaterally sever the joint tenancy without the other joint tenant's consent by:

Accepted Answer

Executing and recording a written deed transferring the interest to a third party or back to oneself

Answer

Orally declaring to the other joint tenant that the joint tenancy is severed

Answer

Filing a notice of severance with the superior court that need not take the form of a deed

Answer

Changing the property's use in a manner inconsistent with continued joint tenancy