FL Bar Real Property 3

Question 1

Under Florida's Landlord-Tenant Act, a residential landlord must return a security deposit or provide written notice of a claim against it within how many days of the tenant vacating?

Accepted Answer

30 days

Answer

Florida Statutes § 83.49(3) requires a landlord to return the security deposit or provide written notice of intention to impose a claim within 30 days of the tenant vacating.

Question 2

A fee simple determinable differs from a fee simple subject to a condition subsequent because the fee simple determinable:

Accepted Answer

Automatically reverts to the grantor upon the occurrence of the stated event

Answer

A fee simple determinable automatically ends and reverts to the grantor (via a possibility of reverter) upon the stated event, unlike a fee simple subject to a condition subsequent which requires re-entry.

Question 3

Florida's anti-merger doctrine as applied to easements means that when the same person owns both the dominant and servient estate:

Accepted Answer

The easement is automatically extinguished by merger

Answer

Under the traditional merger doctrine applied in Florida, an easement is extinguished when the same person acquires both the dominant and servient estates — the easement merges into the ownership.

Question 4

Under the Rule Against Perpetuities, an interest is invalid if it may vest more than:

Accepted Answer

A life in being plus 21 years

Answer

The traditional Rule Against Perpetuities voids a future interest that might not vest within a life in being at the creation of the interest plus 21 years.

Question 5

A purchase money resulting trust arises when:

Accepted Answer

A party pays the purchase price for property but title is taken in another's name

Answer

A purchase money resulting trust is implied by law when one person furnishes the purchase price for property but legal title is placed in another's name without donative intent.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Real Property 3