IN Bar Property Law 4

Question 1

O conveys "to A for life, then to A's children who reach 21." A has one child, X, age 5, at the conveyance. What interest do A's children hold?

Accepted Answer

A contingent remainder

Answer

Because no child has yet satisfied the condition precedent of reaching 21, the remainder is contingent.

Question 2

A farmer grants a utility company the right to run power lines across his field. The grant benefits the company itself rather than any parcel of land. How is this interest classified?

Accepted Answer

An easement in gross

Answer

An easement that benefits a person or entity rather than a dominant parcel is an easement in gross.

Question 3

A seller fails to disclose a known, hidden termite infestation to a residential buyer who could not reasonably discover it. In most jurisdictions today, what is the seller's exposure?

Accepted Answer

Liability for fraudulent concealment or nondisclosure of a known latent material defect

Answer

Most jurisdictions require sellers of residential property to disclose known latent material defects not reasonably discoverable by the buyer.

Question 4

A landowner has used a path across a neighbor's land openly, continuously, and without permission for the full prescriptive period. What interest has the landowner acquired?

Accepted Answer

A prescriptive easement

Answer

Adverse use, as opposed to adverse possession, ripens into a prescriptive easement rather than title.

Question 5

In Indiana, to be entitled to record, a deed generally must be signed by the grantor and satisfy what additional formality?

Accepted Answer

Acknowledgment before a notary or other authorized officer

Answer

Indiana requires a conveyance to be acknowledged (proven) before an authorized officer for the instrument to be recorded.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Property Law 4