DE Bar Property Law 5

Question 1

A conveyance reads "to my son, but if he ever sells the property, then to my niece." The clause restraining sale is challenged. How will a court most likely treat the restraint?

Accepted Answer

Void as an impermissible direct restraint on alienation of a fee simple

Answer

Absolute forfeiture restraints on alienating a fee simple are void as against public policy, so the son takes free of the restriction.

Question 2

A married couple takes Delaware real estate as tenants by the entirety. One spouse's business creditor obtains a judgment against that spouse alone. Can the creditor levy on the property?

Accepted Answer

No, because entireties property is generally shielded from the individual debts of one spouse

Answer

In Delaware, property held by the entirety cannot be reached by a creditor of only one spouse, since neither spouse holds a separately alienable interest.

Question 3

A neighbor builds a garage that encroaches two feet onto adjacent land. The adjacent owner knowingly waits until the statutory limitations period expires before suing in ejectment. What is the likely outcome?

Accepted Answer

The claim is barred and the encroacher may have gained title to the strip by adverse possession

Answer

An open, continuous, hostile encroachment maintained for the full statutory period can ripen into title by adverse possession, barring the ejectment action.

Question 4

A deed describes property as "beginning at the old oak tree, thence north 200 feet," but the distance conflicts with a monument reference showing 180 feet to a stone marker. Which controls under standard construction rules?

Accepted Answer

The monument (stone marker) controls over the stated distance

Answer

In resolving deed description conflicts, natural and artificial monuments take priority over courses and distances.

Question 5

A tenant assigns her lease to an assignee, who later stops paying rent. The lease contained no release of the original tenant. Whom may the landlord sue for the unpaid rent?

Accepted Answer

Either the assignee (privity of estate) or the original tenant (privity of contract)

Answer

After assignment the assignee is liable through privity of estate while the original tenant remains liable on the contract absent a novation.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Property Law 5