Property Law Flashcards
7 cards from real KY BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Property Law flashcards as text
A husband and wife take title "as tenants by the entirety." The husband's creditor obtains a judgment against him alone. In jurisdictions recognizing the entirety estate's traditional protections, can the creditor levy on the property?
Answer: No, because one spouse's individual creditor cannot reach entirety property
Tenancy by the entirety property is traditionally shielded from the individual creditors of only one spouse.
A buyer discovers after closing that the garage encroaches two feet onto the neighbor's lot. The general warranty deed contained a covenant against encumbrances. What is the buyer's best claim?
Answer: Breach of the covenant against encumbrances, a present covenant breached at delivery
An encroachment is an encumbrance, and the present covenant against encumbrances is breached at the moment of delivery if any encumbrance exists.
A landowner excavates near the boundary line, and the neighbor's land in its natural state subsides. Under the common law right of lateral support, what is the excavator's liability?
Answer: Strict liability for subsidence of land in its natural condition
A landowner is strictly liable when excavation causes adjacent land in its natural, unimproved state to subside.
A seller's agent fails to disclose a known, hidden termite infestation to the buyer of a home. In most jurisdictions today, what result?
Answer: The seller is liable for failing to disclose known latent material defects
Most jurisdictions require sellers of residential property to disclose known latent defects that materially affect value.
A deed describes the land conveyed as "my farm in Bourbon County" without metes and bounds. The grantor owns exactly one farm there. Is the description sufficient?
Answer: Yes, because the land can be identified with reasonable certainty using extrinsic evidence
A deed description suffices if it identifies the land with reasonable certainty, and extrinsic evidence may resolve which parcel was meant.
A landlord fails to repair a broken furnace in a residential apartment during winter despite repeated notice. The tenant remains in possession and pays reduced rent. Which doctrine supports the tenant's rent reduction?
Answer: The implied warranty of habitability
The implied warranty of habitability lets a residential tenant remain in possession and withhold or abate rent for material defects.
O conveys "to A for life, then to A's children who reach 21." A has one child, age 5, at the conveyance. Under the common law Rule Against Perpetuities, is the gift to the children valid?
Answer: Yes, because any child's interest must vest or fail within 21 years of A's death
A is the validating life: every child of A must reach 21, or fail to, within 21 years after A dies, so the interest is valid.
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