MD Bar Property Law 3 — Questions and Answers
Question 1: A joint tenant in Maryland conveys her interest to a third party without the other joint tenant's consent. What is the effect on the co-tenancy?
- The conveyance is void
- The joint tenancy is severed as to that share, creating a tenancy in common (Correct answer)
- The entire property transfers to the third party
- The remaining joint tenant automatically owns the whole property
Correct answer: The joint tenancy is severed as to that share, creating a tenancy in common
A unilateral conveyance by one joint tenant severs the joint tenancy as to that interest, and the grantee holds as a tenant in common.
Question 2: Under Maryland law, a deed must be signed by the grantor and what else to be validly recorded?
- Signed by the grantee
- Acknowledged before an officer such as a notary (Correct answer)
- Approved by the local zoning board
- Witnessed by two disinterested parties
Correct answer: Acknowledged before an officer such as a notary
Maryland requires a deed to be executed by the grantor and acknowledged before an authorized officer to be eligible for recording.
Question 3: A buyer signs a contract to purchase land, but the seller's house burns down before closing through no fault of either party. Under the majority equitable conversion doctrine, who bears the risk of loss absent a contrary agreement?
- The seller, because the seller holds legal title
- The buyer, because equitable title passed at contract signing (Correct answer)
- Both parties equally
- Neither; the contract is automatically rescinded
Correct answer: The buyer, because equitable title passed at contract signing
Under equitable conversion, the buyer holds equitable title from the moment of contracting and therefore bears the risk of loss in most jurisdictions.
Question 4: Which covenant of title is breached, if at all, only at the time of conveyance rather than in the future?
- Covenant of quiet enjoyment
- Covenant of warranty
- Covenant of seisin (Correct answer)
- Covenant of further assurances
Correct answer: Covenant of seisin
The covenant of seisin is a present covenant breached, if ever, at the moment of conveyance when the grantor lacks the title purported to be conveyed.
Question 5: In Maryland, a residential landlord generally must return a tenant's security deposit, less lawful deductions, within how many days after the tenancy ends?
- 15 days
- 30 days
- 45 days (Correct answer)
- 60 days
Correct answer: 45 days
Maryland law requires landlords to return the security deposit with any required interest, minus lawful deductions, within 45 days after the tenancy ends.
Question 6: A landowner builds a fence that encroaches two feet onto a neighbor's lot, and the neighbor sues years later. Which doctrine could give the encroacher title to the strip if all elements are met?
- Easement by necessity
- Adverse possession (Correct answer)
- License
- Equitable servitude
Correct answer: Adverse possession
A hostile, open, and continuous encroachment for the statutory 20-year period can ripen into title to the strip through adverse possession.
Question 7: Which of the following will terminate an easement appurtenant?
- Transfer of the dominant estate to a new owner
- Merger of the dominant and servient estates in one owner (Correct answer)
- Increased use of the easement by the dominant owner
- Death of the original grantor
Correct answer: Merger of the dominant and servient estates in one owner
When one person acquires title to both the dominant and servient estates, the easement is extinguished by merger.
MD Bar Property Law 3
A joint tenant in Maryland conveys her interest to a third party without the other joint tenant's consent.
What is the effect on the co-tenancy?