Free Bar Exam MBE (Real Property) Questions and Answers 1

Question 1

Which of the following elements is required for a valid deed to transfer real property?

Accepted Answer

Signature of the grantor

Answer

For a deed to be valid and effectively transfer real property, it must include the signature of the grantor, who is the current owner conveying the property. While other elements like a legal description, words of conveyance, and delivery are also crucial, the grantor's signature is a fundamental requirement to demonstrate their intent to transfer ownership. Without it, the deed is generally unenforceable.

Question 2

What type of property ownership involves the right of survivorship, where the interest of a deceased owner automatically passes to the remaining owners?

Accepted Answer

Joint Tenancy

Answer

Joint tenancy is a form of co-ownership of real property characterized by the 'right of survivorship.' This means that upon the death of one joint tenant, their interest in the property automatically passes to the surviving joint tenant(s), rather than to their heirs through a will or probate. This feature distinguishes it from tenancy in common, where a deceased owner's interest passes to their estate.

Question 3

Which type of easement benefits a specific piece of land and is attached to the land, regardless of the owner?

Accepted Answer

Easement in Gross

Answer

An Easement in Gross grants a specific right to an individual or entity (like a utility company) to use another's land, rather than benefiting a specific adjacent parcel of land. While it doesn't benefit a 'dominant' piece of land, the burden of the easement is attached to the 'servient' land, meaning it runs with that property regardless of who owns it. This allows the holder of the easement to exercise their right over the land, even if ownership changes.

Question 4

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?

Accepted Answer

Adverse Possession

Answer

Adverse Possession is a legal doctrine that allows a person to acquire legal title to another's real property by occupying it openly, notoriously, continuously, exclusively, and hostilely for a statutory period. This means the possessor treats the land as their own, without the owner's permission, and meets all legal requirements for the specified duration. If successful, the original owner loses their title to the adverse possessor.

Question 5

Which covenant in a general warranty deed promises that the grantor has good title and the right to convey the property?

Accepted Answer

Covenant of Seisin

Answer

The Covenant of Seisin is a fundamental promise in a general warranty deed, assuring the grantee that the grantor actually owns the property and has the legal right to convey it. This covenant protects the buyer by guaranteeing the seller's title and possession at the time of transfer. It is a present covenant, meaning it is breached, if at all, at the moment the deed is delivered.

Bar Exam Practice Test

Bar Exam Practice Test

Free Bar Exam MBE (Real Property) Questions and Answers 1