CAS Bar Property Law 2 — Questions and Answers
Question 1: Under the common law Rule Against Perpetuities, a future interest is void unless it must vest or fail within:
- 21 years after the death of a life in being at the creation of the interest (Correct answer)
- 100 years after the creation of the interest
- 21 years from the date of the grantor's death
- The lifetime of the grantee plus 21 years
Correct answer: 21 years after the death of a life in being at the creation of the interest
The RAP invalidates any future interest that might not vest or fail within 21 years after the death of a measuring life in being at the interest's creation.
Question 2: O conveys 'to A for life, then to B if B survives A.' B's interest is best classified as:
- A vested remainder subject to divestment
- A contingent remainder (Correct answer)
- An executory interest
- A reversion in B
Correct answer: A contingent remainder
B's interest is a contingent remainder because it depends on the unfulfilled condition precedent that B survive A.
Question 3: Which statement correctly distinguishes a fee simple determinable from a fee simple subject to condition subsequent?
- 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 (Correct answer)
- A fee simple subject to condition subsequent automatically terminates; a fee simple determinable requires court action to enforce
- Both estates automatically terminate upon the happening of the stated event
- Neither estate creates a future interest in the grantor
Correct 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
A fee simple determinable ends automatically (creating a possibility of reverter), while a fee simple subject to condition subsequent requires the grantor to exercise the right of entry to reclaim the property.
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?
- The conveyance is void because joint tenants cannot unilaterally transfer their interest
- C and B now hold Blackacre as tenants in common (Correct answer)
- C becomes a new joint tenant with B, preserving the right of survivorship
- B has a right of first refusal that may void the conveyance
Correct answer: C and B now hold Blackacre as tenants in common
A unilateral conveyance by a joint tenant severs the joint tenancy as to that share, so C and B take as tenants in common with no right of survivorship between them.
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?
- Quiet title action
- Partition (Correct answer)
- Ejectment
- Declaratory judgment
Correct answer: Partition
Partition is the remedy that allows co-owners to divide or judicially sell jointly held property when they cannot agree, and it is available as a matter of right absent a valid contractual waiver.
Question 6: Under California law, which of the following does NOT create a valid joint tenancy?
- A deed expressly granting property 'to A and B as joint tenants with right of survivorship'
- A sole owner conveying property to herself and another person as joint tenants by recorded deed
- Two heirs receiving property equally through intestate succession (Correct answer)
- A written agreement between existing tenants in common to reconvert to joint tenancy
Correct answer: Two heirs receiving property equally through intestate succession
Intestate succession cannot create a joint tenancy because the four unities (time, title, interest, possession) cannot all arise simultaneously through inheritance — heirs take as tenants in common by default.
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:
- Orally declaring to the other joint tenant that the joint tenancy is severed
- Executing and recording a written deed transferring the interest to a third party or back to oneself (Correct answer)
- Filing a notice of severance with the superior court that need not take the form of a deed
- Changing the property's use in a manner inconsistent with continued joint tenancy
Correct answer: Executing and recording a written deed transferring the interest to a third party or back to oneself
California Civil Code § 683.2 allows a joint tenant to sever by executing and recording a written instrument such as a deed conveying the interest to oneself or another party.
CAS Bar Property Law 2
Under the common law Rule Against Perpetuities, a future interest is void unless it must vest or fail within: