CLA/CP Exam Real Property Rights 3 — Questions and Answers
Question 1: A life tenant who destroys the value of property for the remainder interest holders may be liable for which legal wrong?
- Trespass
- Waste (Correct answer)
- Nuisance
- Conversion
Correct answer: Waste
Waste is the life tenant's unreasonable use or neglect of property that permanently damages the value of the estate and harms future interest holders.
Question 2: Which covenant in a deed assures the grantee that the grantor has the legal right to convey the property at the time of conveyance?
- Covenant of quiet enjoyment
- Covenant of seisin (Correct answer)
- Covenant against encumbrances
- Covenant of further assurances
Correct answer: Covenant of seisin
The covenant of seisin guarantees that the grantor actually owns the estate being conveyed and has the legal authority to transfer it.
Question 3: A property owner who allows the public to use a private path for 20 years without permission may lose the right to exclude the public under which doctrine?
- Adverse possession
- Prescriptive easement (Correct answer)
- Dedication
- Implied easement
Correct answer: Prescriptive easement
A prescriptive easement may be established when a non-owner uses another's land openly, continuously, and adversely for the statutory period.
Question 4: In a joint tenancy, which unities must be present at the time of creation?
- Time, title, interest, and possession (Correct answer)
- Title, interest, possession, and consideration
- Time, possession, consideration, and intent
- Interest, possession, time, and privity
Correct answer: Time, title, interest, and possession
The four unities required for a valid joint tenancy are time (acquired simultaneously), title (same instrument), interest (equal shares), and possession (undivided right).
Question 5: When a landlord makes an implied warranty of habitability, which tenant remedy is typically available if the landlord fails to repair a serious defect?
- Ejectment
- Rent withholding or repair-and-deduct (Correct answer)
- Specific performance
- Unlawful detainer
Correct answer: Rent withholding or repair-and-deduct
Most jurisdictions allow tenants to withhold rent or repair the defect and deduct the cost when a landlord breaches the implied warranty of habitability.
Question 6: Which doctrine allows a subsequent purchaser who bought from a grantee with good title to claim the same protection as that grantee, even if the subsequent purchaser had notice of a prior claim?
- Shelter rule (Correct answer)
- After-acquired title doctrine
- Estoppel by deed
- Merger doctrine
Correct answer: Shelter rule
The shelter rule allows a transferee to step into the shoes of a bona fide purchaser predecessor, preserving the ability to transfer clean title through the chain.
Question 7: What type of property interest exists when a grantor conveys a fee simple and retains the right to reclaim the property if the grantee stops using it for a specified purpose?
- Fee simple subject to an executory limitation
- Fee simple determinable
- Fee simple subject to a condition subsequent (Correct answer)
- Life estate
Correct answer: Fee simple subject to a condition subsequent
A fee simple subject to a condition subsequent gives the grantor a right of re-entry (power of termination) that must be exercised after the stated condition is violated.
CLA/CP Exam Real Property Rights 3
A life tenant who destroys the value of property for the remainder interest holders may be liable for which legal wrong?