CLA/CP Exam Real Property Rights 3

Question 1

A life tenant who destroys the value of property for the remainder interest holders may be liable for which legal wrong?

Accepted Answer

Waste

Answer

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?

Accepted Answer

Covenant of seisin

Answer

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?

Accepted Answer

Prescriptive easement

Answer

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?

Accepted Answer

Time, title, interest, and possession

Answer

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?

Accepted Answer

Rent withholding or repair-and-deduct

Answer

Most jurisdictions allow tenants to withhold rent or repair the defect and deduct the cost when a landlord breaches the implied warranty of habitability.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Real Property Rights 3