MI Bar Property Law 2

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?

Accepted Answer

A vested remainder in fee simple

Answer

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?

Accepted Answer

The conveyance severs the joint tenancy, creating a tenancy in common between the friend and the remaining sibling

Answer

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:

Accepted Answer

15 years

Answer

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:

Accepted Answer

A periodic tenancy from month to month

Answer

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:

Accepted Answer

General warranty deed

Answer

A general warranty deed contains all six traditional covenants of title covering defects arising at any time.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Property Law 2