DE Bar Property Law 2

Question 1

A landowner conveys property "to my daughter for life, then to my grandson and his heirs." What interest does the grandson hold during the daughter's life?

Accepted Answer

A vested remainder in fee simple

Answer

The grandson is an ascertained person taking upon the natural end of the life estate with no condition precedent, so his remainder is vested.

Question 2

A buyer purchases land without searching title. The seller had earlier deeded the same land to another party who never recorded. In a notice-jurisdiction like Delaware's recording framework, who prevails?

Accepted Answer

The buyer, if she took for value and without notice of the prior deed

Answer

Under a notice statute a subsequent bona fide purchaser for value without notice prevails over a prior unrecorded conveyance regardless of who records first.

Question 3

A tenant with a one-year lease remains in possession after the term ends and mails a rent check, which the landlord cashes. What tenancy most likely results?

Accepted Answer

A periodic tenancy measured by the rent payment period

Answer

When a landlord accepts rent from a holdover tenant, most courts imply a periodic tenancy based on how rent is paid, though some use the prior term for year-long leases.

Question 4

A neighbor openly uses a path across another's land daily for the statutory prescriptive period, but the owner had given the neighbor written permission at the outset. Can the neighbor claim a prescriptive easement?

Accepted Answer

No, because permissive use is not hostile

Answer

Prescriptive easements require use that is hostile (without permission), so permission defeats the claim no matter how long or open the use.

Question 5

A deed states the seller conveys "with full covenants of warranty." After closing, the buyer discovers an undisclosed mortgage recorded before the sale. Which present covenant has the seller most clearly breached?

Accepted Answer

The covenant against encumbrances

Answer

An outstanding mortgage existing at the time of conveyance breaches the present covenant against encumbrances immediately upon delivery of the deed.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Property Law 2