CLA/CP Exam Real Property Rights 4 — Questions and Answers
Question 1: Which type of concurrent ownership automatically includes the right of survivorship without any additional language required?
- Tenancy in common
- Tenancy by the entirety (Correct answer)
- Community property
- Tenancy at sufferance
Correct answer: Tenancy by the entirety
Tenancy by the entirety, available only to married couples in many states, automatically carries the right of survivorship and cannot be unilaterally severed.
Question 2: A deed that contains the clause 'to A so long as the land is used for agricultural purposes' creates which type of interest?
- Fee simple absolute
- Fee simple determinable (Correct answer)
- Fee tail
- Fee simple subject to a condition subsequent
Correct answer: Fee simple determinable
Durational language such as 'so long as,' 'while,' or 'during' creates a fee simple determinable, which automatically ends when the limiting event occurs.
Question 3: Under the doctrine of constructive notice, a buyer is deemed to know the contents of a properly recorded deed because:
- They received actual notice from the seller
- The recording is available in the public land records (Correct answer)
- The title insurer disclosed the encumbrance
- They inspected the property before purchase
Correct answer: The recording is available in the public land records
Constructive notice imputes knowledge of all documents in the chain of title that have been properly recorded in the public records, regardless of actual knowledge.
Question 4: Which element distinguishes adverse possession from a prescriptive easement?
- The statutory period required
- Whether the use is continuous
- Whether the claimant seeks full ownership vs. a right to use (Correct answer)
- Whether the use is hostile
Correct answer: Whether the claimant seeks full ownership vs. a right to use
Adverse possession results in a claim of full ownership of the property, while a prescriptive easement creates only a right to use another's land.
Question 5: A mortgage that is not yet due and payable may still be enforceable against a subsequent purchaser who takes the property subject to the mortgage under which principle?
- Redemption
- Subrogation
- Lis pendens
- Notice through recording (Correct answer)
Correct answer: Notice through recording
A properly recorded mortgage provides constructive notice to all subsequent purchasers, who take title subject to that encumbrance regardless of actual knowledge.
Question 6: What is the primary effect of a lis pendens recorded against real property?
- It transfers ownership to the plaintiff
- It creates a lien superior to all other claims
- It provides notice that litigation affecting the property is pending (Correct answer)
- It prevents the owner from leasing the property
Correct answer: It provides notice that litigation affecting the property is pending
A lis pendens (notice of pending action) warns prospective buyers and lenders that the property is subject to pending litigation whose outcome could affect title.
Question 7: When a mortgagor defaults and the lender forecloses, which party has the right to redeem the property by paying the full debt before the foreclosure sale is completed?
- Junior lien holders only
- The mortgagor and certain junior interest holders (Correct answer)
- The mortgagee only
- Any member of the public who bids at the sale
Correct answer: The mortgagor and certain junior interest holders
The equitable right of redemption allows the mortgagor and junior lien holders to redeem the property by satisfying the debt before the foreclosure sale is final.
CLA/CP Exam Real Property Rights 4
Which type of concurrent ownership automatically includes the right of survivorship without any additional language required?