IN Bar Property Law 2

Question 1

A grantor conveys land "to A for life, then to B and her heirs." During A's lifetime, what interest does B hold?

Accepted Answer

A vested remainder in fee simple

Answer

B is an ascertained person with no condition precedent, so B holds a vested remainder in fee simple.

Question 2

In Indiana, a person claiming title by adverse possession must, in addition to the common-law elements, generally prove what statutory requirement?

Accepted Answer

Payment of property taxes on the disputed land during the possession period

Answer

Indiana Code 32-21-7-1 requires an adverse possessor to pay the taxes and special assessments falling due on the land during the possession period.

Question 3

A landlord fails to repair a broken heating system in winter, making an apartment uninhabitable. The tenant vacates after proper notice. What doctrine best supports the tenant's termination of the lease?

Accepted Answer

Constructive eviction

Answer

Constructive eviction applies when the landlord's wrongful conduct substantially interferes with use and enjoyment and the tenant vacates within a reasonable time.

Question 4

O conveys Blackacre "to A, but if the land is ever used for commercial purposes, O may re-enter and retake the premises." What interest does O retain?

Accepted Answer

A right of entry (power of termination)

Answer

The conditional language coupled with the re-entry clause creates a fee simple subject to a condition subsequent, leaving O a right of entry.

Question 5

A buyer signs a contract to purchase a home, and before closing a tornado destroys the house through no fault of either party. Under the majority equitable conversion doctrine, who bears the risk of loss?

Accepted Answer

The buyer, because equitable title passed at contract signing

Answer

Under equitable conversion, the buyer holds equitable title once the contract is signed and therefore bears the risk of loss before closing in majority jurisdictions.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Property Law 2