MI Bar Property Law 2 — Questions and Answers
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?
- An executory interest
- A contingent remainder
- A reversion
- A vested remainder in fee simple (Correct answer)
Correct answer: A vested remainder in fee simple
B is an ascertained person and no condition precedent exists, so B holds a vested remainder in fee simple absolute.
Question 2: Two siblings own Michigan land as joint tenants with right of survivorship. One sibling secretly conveys her interest to a friend. What is the result?
- The joint tenancy continues with the friend substituted as joint tenant
- The friend takes subject to the surviving sibling's survivorship right
- The conveyance severs the joint tenancy, creating a tenancy in common between the friend and the remaining sibling (Correct answer)
- The conveyance is void without the co-tenant's consent
Correct answer: The conveyance severs the joint tenancy, creating a tenancy in common between the friend and the remaining sibling
An inter vivos conveyance by one joint tenant severs the joint tenancy as to that share, leaving a tenancy in common.
Question 3: A landowner uses a path across a neighbor's land openly, continuously, and without permission for the statutory period. In Michigan, the prescriptive period for acquiring an easement is:
- 5 years
- 21 years
- 10 years
- 15 years (Correct answer)
Correct answer: 15 years
Michigan's period for prescriptive easements and adverse possession is 15 years under MCL 600.5801.
Question 4: A tenant with a one-year lease remains in possession after the term ends, and the landlord accepts a monthly rent check. The tenant now holds:
- A tenancy at sufferance
- A new one-year term tenancy
- A periodic tenancy from month to month (Correct answer)
- A tenancy at will
Correct answer: A periodic tenancy from month to month
A landlord's acceptance of rent from a holdover tenant generally creates a periodic tenancy measured by the rent payment interval.
Question 5: A deed contains covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances. This deed is a:
- Quitclaim deed
- Special warranty deed
- Deed of trust
- General warranty deed (Correct answer)
Correct answer: General warranty deed
A general warranty deed contains all six traditional covenants of title covering defects arising at any time.
Question 6: A buyer records her deed promptly. A later purchaser from the same seller claims the land, arguing he paid value and knew nothing of the first sale. Under a race-notice statute, who prevails?
- The second purchaser, because he was a bona fide purchaser
- Neither; title returns to the seller
- The second purchaser, because the seller still held record title
- The first buyer, because she recorded before the second purchase (Correct answer)
Correct answer: The first buyer, because she recorded before the second purchase
Recording gives constructive notice, so the later purchaser cannot qualify as a bona fide purchaser without notice.
Question 7: An owner of two adjacent lots sells one lot with a deed restriction limiting use to residential purposes, intending a common scheme. The restriction is best enforced against later buyers as:
- An easement in gross
- A license
- An equitable servitude (Correct answer)
- A profit à prendre
Correct answer: An equitable servitude
A use restriction enforced in equity against successors with notice is an equitable servitude.
MI Bar Property Law 2
A grantor conveys land "to A for life, then to B and her heirs." What interest does B hold during A's lifetime?