FREE Bar Exam MBE (Real Property) Questions and Answers
What legal doctrine allows a property owner to acquire title to another's real property through continuous, open, and hostile possession for a specified period?
Adverse possession is the legal principle allowing someone to gain ownership of real property by possessing it openly and adversely to the owner's interests for a statutory period.
What type of property ownership involves the right of survivorship, where the interest of a deceased owner automatically passes to the remaining owners?
Joint tenancy includes the right of survivorship, meaning when one joint tenant dies, their interest automatically passes to the surviving joint tenants.
Which legal document provides notice of a pending lawsuit involving real property and serves to preserve the property's value until the lawsuit is resolved?
A lis pendens is a legal notice that indicates a pending lawsuit involving real property and alerts potential buyers or lenders of the dispute. It helps preserve the property's value until the lawsuit is resolved.
Which of the following elements is required for a valid deed to transfer real property?
A valid deed requires the signature of the grantor (the person transferring the property) to demonstrate their intention to transfer the property.
Which covenant in a general warranty deed promises that the grantor has good title and the right to convey the property?
The covenant of seisin guarantees that the grantor holds proper ownership of the property being conveyed.
What legal doctrine allows a person to acquire title to abandoned property by occupying and using it openly and exclusively for a certain period?
Adverse possession allows a person to acquire title to abandoned property by occupying and using it openly and exclusively for a specified period.
Which type of deed provides the least amount of protection for the grantee, as it only conveys whatever interest the grantor has, without warranties?
A quitclaim deed provides the least protection for the grantee, as it conveys only the interest the grantor has, without warranties of title.
Under the statute of frauds, which type of agreement related to real property must be in writing to be enforceable?
The statute of frauds requires that contracts for the sale of real property be in writing to be enforceable.
What is the legal document that establishes a formal relationship between a trustee, who holds legal title, and beneficiaries, who hold equitable title to the trust property?
A trust agreement establishes the legal relationship between a trustee and beneficiaries in a trust, outlining the terms of property management and distribution.
In a lease agreement, what is the tenant's obligation to use the property in a responsible and lawful manner called
The covenant of good use requires the tenant to use the leased property responsibly and in a lawful manner.
What is the legal principle that limits a property owner's rights to use their property in a way that unreasonably interferes with another's use and enjoyment of their property?
The nuisance doctrine prevents property owners from using their property in a way that unreasonably interferes with another's use and enjoyment of their property.
Which legal doctrine permits a property owner to transfer their property after death, avoiding probate by specifying beneficiaries and conditions in a legal document?
The transfer on death (TOD) deed allows property owners to transfer their property to specified beneficiaries upon their death, bypassing the probate process.
Which principle holds that landowners have an implied duty to use their property in a way that does not harm adjacent landowners?
The doctrine of lateral support requires landowners to use their property in a way that doesn't cause harm or subsidence to neighboring properties.
Which doctrine provides that a bona fide purchaser for value who takes title to real property without notice of another's equitable interest takes priority over that interest?
The doctrine of recording acts gives priority to a bona fide purchaser who takes title to property without notice of another's equitable interest, provided they record their interest.
What term refers to the legal process through which property is transferred from a decedent to their heirs or beneficiaries?
Probate is the legal process through which a deceased person's property is distributed to their heirs or beneficiaries.
Which type of easement benefits a specific piece of land and is attached to the land, regardless of the owner?
An easement in gross benefits a particular piece of land and is not dependent on the identity of the landowner.