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Property Law Flashcards

7 cards from real GA BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Property Law flashcards as text
  1. Owen conveys Blackacre 'to A and her heirs, but if A ever uses the land for commercial purposes, then to B.' What interest does B hold?

    Answer: Executory interest

    B holds an executory interest (shifting) because it follows a fee simple and cuts short A's estate upon a condition.

  2. Under the common law Rule Against Perpetuities, a future interest is void unless it must vest or fail within how many years after a life in being at the creation of the interest?

    Answer: 21 years

    The RAP requires that every future interest must vest or fail within 21 years after the death of a measuring life in being at the creation of the interest.

  3. A and B hold Blackacre as joint tenants. A conveys her interest to C without B's knowledge. What is the result?

    Answer: C and B hold as tenants in common

    A's unilateral conveyance severs the joint tenancy, so C and B hold as tenants in common with no right of survivorship between them.

  4. Which form of concurrent ownership is available ONLY to legally married spouses under Georgia law?

    Answer: Tenancy by the entirety

    Tenancy by the entirety is a spousal co-ownership form recognized in Georgia that carries a right of survivorship and cannot be unilaterally severed.

  5. A life tenant who allows the property to deteriorate beyond normal wear and tear may be liable for which doctrine?

    Answer: Waste

    The waste doctrine prohibits life tenants from acts (voluntary) or omissions (permissive) that permanently diminish the property's value to the remainderman.

  6. A conveys Blackacre 'to B for life, then to C if C survives B.' C's interest is best classified as a:

    Answer: Contingent remainder

    C's remainder is contingent because it is subject to a condition precedent — C must survive B — which has not yet occurred.

  7. In a tenancy in common, which of the following is TRUE regarding a co-tenant's right to partition?

    Answer: Any co-tenant may bring a partition action as a matter of right

    Under Georgia law, any co-tenant in a tenancy in common has an absolute right to seek judicial partition, either in kind or by sale.

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