CLA/CP Exam Real Property Rights 4

Question 1

Which type of concurrent ownership automatically includes the right of survivorship without any additional language required?

Accepted Answer

Tenancy by the entirety

Answer

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?

Accepted Answer

Fee simple determinable

Answer

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:

Accepted Answer

The recording is available in the public land records

Answer

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?

Accepted Answer

Whether the claimant seeks full ownership vs. a right to use

Answer

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?

Accepted Answer

Notice through recording

Answer

A properly recorded mortgage provides constructive notice to all subsequent purchasers, who take title subject to that encumbrance regardless of actual knowledge.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Real Property Rights 4