FL Bar Real Property

Question 1

In Florida, which form of concurrent ownership is presumed between married couples and includes a right of survivorship that cannot be defeated by a unilateral conveyance?

Accepted Answer

Tenancy by the entirety

Answer

Florida's tenancy by the entirety is reserved for married couples and creates a right of survivorship that a single spouse cannot sever or convey alone.

Question 2

Florida's homestead exemption protects a primary residence from forced sale by creditors, but does NOT protect against which of the following?

Accepted Answer

Purchase money mortgages and mechanic's liens

Answer

Florida's constitutional homestead exemption does not protect against purchase money mortgages, mortgages for improvements, or validly imposed mechanic's and materialman's liens.

Question 3

A recording act that provides that a subsequent purchaser who records first and has no notice of a prior unrecorded conveyance prevails is called a:

Accepted Answer

Race-notice statute

Answer

A race-notice statute protects a subsequent bona fide purchaser only if they both take without notice of the prior conveyance AND record first.

Question 4

Under Florida law, which type of deed provides the grantee with the greatest protection through covenants of title?

Accepted Answer

General warranty deed

Answer

A general warranty deed contains covenants — including seisin, quiet enjoyment, and warranty — that run with the land and bind the grantor as to all defects, regardless of when they arose.

Question 5

Adverse possession in Florida requires possession that is actual, open, notorious, continuous, hostile, and for a statutory period of:

Accepted Answer

7 years

Answer

Florida Statutes § 95.18 requires adverse possession for 7 years (or 7 years with color of title and payment of taxes under § 95.16).

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Real Property