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Real Property Flashcards

6 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Real Property flashcards as text

  1. Under the Florida Marketable Record Title Act, a title is marketable if it is based on a root of title at least how many years old with no defects appearing in the record after that root?

    Answer: 30 years

    Florida's Marketable Record Title Act (§ 712) extinguishes claims not preserved within 30 years after a 30-year root of title.

  2. A landlord's implied warranty of habitability in a residential lease is breached when the landlord fails to maintain:

    Answer: Premises in a condition fit for the intended residential use

    Florida's implied warranty of habitability (§ 83.51) requires landlords to maintain residential premises in a condition fit for human occupancy and in compliance with building and housing codes.

  3. A covenant running with the land at law requires which of the following elements?

    Answer: Privity of estate, intent to run, and touch and concern the land

    For a covenant to run with the land at law, the parties must be in privity of estate, must have intended the covenant to run, and the covenant must touch and concern the land.

  4. Under the Florida Condominium Act, unit owners are generally responsible for maintenance of:

    Answer: Their individual unit from the interior surfaces inward

    Under Florida Statutes § 718.113, unit owners are responsible for the maintenance of their unit from the interior surfaces inward, while the association maintains common elements.

  5. A fixture dispute between a mortgagee and a buyer of real property is resolved in favor of the mortgagee if the item is determined to be a fixture based on which primary test?

    Answer: The degree of annexation, adaptation to the realty, and intent of the annexor

    Florida courts apply the three-part fixture test — degree of annexation, adaptation to the use of the realty, and intent of the annexor — with intent being the most important factor.

  6. Which doctrine permits a court to enforce a restrictive covenant against a purchaser with actual or constructive notice even when privity requirements are not met?

    Answer: Equitable servitude

    An equitable servitude allows equity to enforce a restrictive covenant against a successor who had notice, even without the privity of estate required for a real covenant at law.