MD Bar Property Law 3

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?

Accepted Answer

The joint tenancy is severed as to that share, creating a tenancy in common

Answer

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?

Accepted Answer

Acknowledged before an officer such as a notary

Answer

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?

Accepted Answer

The buyer, because equitable title passed at contract signing

Answer

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?

Accepted Answer

Covenant of seisin

Answer

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?

Accepted Answer

45 days

Answer

Maryland law requires landlords to return the security deposit with any required interest, minus lawful deductions, within 45 days after the tenancy ends.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Property Law 3