GA Bar Property Law 2

Question 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?

Accepted Answer

Executory interest

Answer

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

Question 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?

Accepted Answer

21 years

Answer

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.

Question 3

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

Accepted Answer

C and B hold as tenants in common

Answer

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

Question 4

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

Accepted Answer

Tenancy by the entirety

Answer

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

Question 5

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

Accepted Answer

Waste

Answer

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

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Property Law 2