MI Bar Property Law 3

Question 1

A grantor conveys "to the school board so long as the land is used for school purposes." The school closes and the land is used for a warehouse. What happens?

Accepted Answer

Title automatically reverts to the grantor, who held a possibility of reverter

Answer

"So long as" creates a fee simple determinable, which ends automatically upon breach, triggering the grantor's possibility of reverter.

Question 2

A woman conveys "to A for life, then to A's children who reach 25." A has one child, age 10, at the conveyance. Under the common law Rule Against Perpetuities, the gift to the children is:

Accepted Answer

Void, because a child could satisfy the condition more than 21 years after all lives in being die

Answer

An afterborn child of A could turn 25 more than 21 years after A and the existing child die, so the interest violates the Rule.

Question 3

A homeowner grants a utility company the right to run power lines across her land. The utility's interest is best described as:

Accepted Answer

An easement in gross

Answer

An easement benefiting a person or company rather than a dominant parcel is an easement in gross.

Question 4

A tenant vacates an apartment with eight months left on the lease. Under the modern majority rule followed in Michigan, the landlord must:

Accepted Answer

Make reasonable efforts to mitigate damages by re-letting the premises

Answer

Michigan and the modern majority require landlords to take reasonable steps to mitigate damages after a tenant abandons.

Question 5

A buyer purchases a home and later discovers the seller knew of, and concealed, serious hidden foundation defects. The buyer's best claim against the seller is:

Accepted Answer

Fraudulent concealment or misrepresentation

Answer

A seller who actively conceals known latent defects is liable for fraud even after closing.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Property Law 3