MA Bar Property 1 — Questions and Answers
Question 1: Under the rule against perpetuities, an interest must vest, if at all, within:
- 100 years of creation
- A life in being plus 21 years (Correct answer)
- The lifetime of the grantor
- Two generations from the grantor
Correct answer: A life in being plus 21 years
The common law Rule Against Perpetuities requires that an interest vest, if at all, within a life in being at the creation of the interest plus 21 years.
Question 2: A fee simple absolute grants the holder:
- An estate that terminates upon a specified condition
- The largest possible ownership interest in property, potentially infinite in duration (Correct answer)
- Ownership limited to the holder's lifetime
- A right to use property but not convey it
Correct answer: The largest possible ownership interest in property, potentially infinite in duration
A fee simple absolute is the most complete form of property ownership, unlimited in duration, fully transferable, and descendible without limitation.
Question 3: Under Massachusetts law, adverse possession requires continuous, open, notorious, hostile, and exclusive possession for:
- 5 years
- 10 years
- 20 years (Correct answer)
- 25 years
Correct answer: 20 years
Massachusetts G.L. c. 260, § 21 requires 20 years of adverse possession before the possessor can acquire title to the disputed land.
Question 4: A covenant running with the land at law requires which of the following for the burden to run to subsequent owners?
- A writing, intent that it run, and payment of consideration
- A writing, intent that it run, touch and concern the land, and privity of estate (Correct answer)
- Only a written agreement between the parties
- Recording in the registry of deeds and horizontal privity
Correct answer: A writing, intent that it run, touch and concern the land, and privity of estate
For the burden of a real covenant to run at law, there must be a writing, intent that the covenant run, the covenant must touch and concern the land, and both horizontal and vertical privity must exist.
Question 5: A tenancy in common differs from a joint tenancy primarily because:
- Tenants in common cannot transfer their interests during life
- Tenants in common have no right of survivorship — each owner's share passes to their heirs or devisees (Correct answer)
- Joint tenancy requires equal shares among all owners
- Tenants in common must have acquired their interest at the same time
Correct answer: Tenants in common have no right of survivorship — each owner's share passes to their heirs or devisees
The key distinction is survivorship: joint tenants have a right of survivorship so the survivor takes the deceased's share, while tenants in common have no survivorship right and their share passes by will or intestacy.
Question 6: Under the Massachusetts Homestead Act (M.G.L. c. 188), a declared homestead protects a primary residence from creditors up to:
- $125,000
- $250,000
- $500,000 (Correct answer)
- An unlimited amount
Correct answer: $500,000
The Massachusetts Homestead Act provides an automatic $125,000 protection and an optional declared homestead protection of up to $500,000 against the forced sale of a primary residence by most creditors.
MA Bar Property 1
Under the rule against perpetuities, an interest must vest, if at all, within: