CO Bar Property Law 2

Question 1

A grantor conveys land "to A for life, then to B if B survives A." What interest does B hold during A's lifetime?

Accepted Answer

A contingent remainder

Answer

B's remainder is contingent because it is subject to the condition precedent that B survive A.

Question 2

A neighbor openly uses a path across another's Colorado land continuously for 20 years without permission. What has the neighbor most likely acquired?

Accepted Answer

A prescriptive easement

Answer

Open, continuous, adverse use (not possession) for the statutory period creates a prescriptive easement, not title.

Question 3

Under a race-notice recording statute, a subsequent purchaser prevails over a prior unrecorded deed only if the purchaser does what?

Accepted Answer

Takes without notice and records first

Answer

A race-notice statute protects a subsequent bona fide purchaser only if she both lacks notice and wins the race to record.

Question 4

Two joint tenants own Blackacre. One secretly conveys her interest to a third party. What is the state of title after the conveyance?

Accepted Answer

The third party and remaining owner hold as tenants in common

Answer

A joint tenant's inter vivos conveyance severs the joint tenancy as to that share, creating a tenancy in common with the grantee.

Question 5

A tenant with a valid one-year lease remains in possession after the term ends, and the landlord accepts the next month's rent. What tenancy is created in most jurisdictions?

Accepted Answer

A periodic tenancy measured by the rent payment

Answer

Accepting rent from a holdover tenant generally creates a periodic tenancy based on how rent is paid.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Property Law 2