IN Bar Property Law 3

Question 1

Two siblings hold Blackacre as joint tenants. One sibling secretly conveys her interest to a friend. What is the resulting state of title?

Accepted Answer

The friend and the remaining sibling hold as tenants in common

Answer

The friend and the remaining sibling hold as joint tenants

Answer

The conveyance is void without the other sibling's consent

Answer

The remaining sibling automatically owns the entire property

Question 2

In Indiana, a conveyance of real estate to a husband and wife is presumed to create which form of ownership?

Accepted Answer

Tenancy by the entirety

Answer

Joint tenancy with right of survivorship

Answer

Tenancy in common

Answer

Community property

Question 3

A general warranty deed contains six covenants of title. Which covenant is breached, if at all, only when the grantee is actually or constructively evicted by superior title?

Accepted Answer

The covenant of quiet enjoyment

Answer

The covenant of seisin

Answer

The covenant of the right to convey

Answer

The covenant against encumbrances

Question 4

A developer records a declaration imposing residential-only restrictions on all lots in a subdivision, and every deed references the plat. A later lot owner opens a hair salon. What theory best allows neighboring owners to enforce the restriction?

Accepted Answer

A common scheme giving rise to reciprocal covenants enforceable as equitable servitudes

Answer

Adverse possession

Answer

An implied easement by necessity

Answer

The rule in Shelley's Case

Question 5

A tenant with a valid one-year lease remains in possession after the term ends and the landlord accepts the next month's rent check. What tenancy is created in most jurisdictions?

Accepted Answer

A periodic tenancy measured by the rent payment interval

Answer

A new one-year term of years

Answer

A tenancy at will

Answer

A tenancy at sufferance for one year

Question 6

A mortgagor defaults, and the lender forecloses. A second mortgage was recorded after the foreclosing first mortgage. What happens to the second mortgage after a valid foreclosure sale on the first?

Accepted Answer

It is extinguished as to the land, leaving the junior lender to claim surplus proceeds

Answer

It survives and binds the foreclosure sale purchaser

Answer

It automatically becomes a first mortgage on the property

Answer

It converts to an unsecured claim against the purchaser

Question 7

A landowner excavates near the property line and the neighbor's land, in its natural state, subsides. Under the common law of lateral support, what is the excavator's liability?

Accepted Answer

Strict liability for subsidence of land in its natural condition

Answer

Liability only if negligence is proven

Answer

No liability absent a written support agreement

Answer

Liability only if the neighbor's buildings were damaged