KY Bar Property Law 2

Question 1

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

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 absolute.

Question 2

In Kentucky, what is the statutory period required to establish title by adverse possession of real property?

Accepted Answer

15 years

Answer

Kentucky requires 15 years of open, notorious, hostile, exclusive, and continuous possession under KRS 413.010.

Question 3

A landowner sells the back half of his parcel, which has no road access except across the retained front half. No easement is mentioned in the deed. What easement most likely arises?

Accepted Answer

An easement by necessity

Answer

Severance of a commonly owned parcel that landlocks one portion creates an easement by necessity over the retained land.

Question 4

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

Accepted Answer

A periodic tenancy

Answer

Acceptance of rent from a holdover tenant generally converts the tenancy at sufferance into a periodic tenancy measured by the rent payment.

Question 5

Which deed covenant is breached, if at all, only when the grantee is actually or constructively evicted by someone with paramount title?

Accepted Answer

The covenant of quiet enjoyment

Answer

Quiet enjoyment and warranty are future covenants breached only upon eviction or disturbance by superior title.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Property Law 2