FL Bar Real Property 2

Question 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?

Accepted Answer

30 years

Answer

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

Question 2

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

Accepted Answer

Premises in a condition fit for the intended residential use

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

Their individual unit from the interior surfaces inward

Answer

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.

Question 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?

Accepted Answer

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

Answer

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.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Real Property 2