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

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:

Accepted Answer

A contingent remainder

Answer

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?

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 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?

Accepted Answer

C and B now hold Blackacre as tenants in common

Answer

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?

Accepted Answer

Partition

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Property Law 2