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

A joint tenant's inter vivos conveyance severs the joint tenancy as to that share, creating a tenancy in common with the transferee.

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

Indiana presumes that a conveyance to spouses creates a tenancy by the entirety unless the instrument expresses a contrary intent.

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

Quiet enjoyment (like warranty) is a future covenant breached only upon disturbance of possession by one holding paramount title.

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

A recorded common plan creates equitable servitudes enforceable by and against all lot owners with notice.

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

Acceptance of rent from a holdover tenant generally creates a periodic tenancy based on how rent is paid, commonly month to month for residential leases.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Property Law 3