MA Bar Property 1

Question 1

Under the rule against perpetuities, an interest must vest, if at all, within:

Accepted Answer

A life in being plus 21 years

Answer

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:

Accepted Answer

The largest possible ownership interest in property, potentially infinite in duration

Answer

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:

Accepted Answer

20 years

Answer

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?

Accepted Answer

A writing, intent that it run, touch and concern the land, and privity of estate

Answer

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:

Accepted Answer

Tenants in common have no right of survivorship — each owner's share passes to their heirs or devisees

Answer

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.

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar Property 1