CO Bar Property Law 3

Question 1

An owner grants "to School District so long as the land is used for a school." What interest does the owner retain?

Accepted Answer

A possibility of reverter

Answer

A fee simple determinable, created by durational language, leaves the grantor a possibility of reverter that vests automatically.

Question 2

A landowner sells the back half of his parcel, leaving it landlocked with no access to a public road. What easement most likely arises for the buyer?

Accepted Answer

An easement by necessity

Answer

Severance of a commonly owned parcel that leaves one part landlocked creates an easement by necessity.

Question 3

A mortgagor defaults, and the property sells at foreclosure for less than the loan balance. What may the lender typically seek for the shortfall?

Accepted Answer

A deficiency judgment against the borrower

Answer

When foreclosure proceeds fail to satisfy the debt, the lender may generally pursue a deficiency judgment against the borrower personally.

Question 4

A subdivision developer includes identical residential-use restrictions in every deed but omits it from one lot. When can that lot still be bound?

Accepted Answer

When a common scheme existed and the buyer had notice of it

Answer

Under the implied reciprocal servitude doctrine, a lot may be bound if a common scheme predated the sale and the buyer had actual, record, or inquiry notice.

Question 5

A tenant's landlord fails to fix a broken furnace in winter despite repeated notice, forcing the tenant to leave. What doctrine allows the tenant to terminate the lease?

Accepted Answer

Constructive eviction

Answer

A landlord's failure to remedy conditions that substantially interfere with use and enjoyment, followed by the tenant vacating, constitutes constructive eviction.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Property Law 3