Real Property Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Real Property flashcards as text
A landlord leases an apartment to a tenant for one year. Mid-lease, the landlord sells the building. The new owner refuses to honor the lease. What is the tenant's best claim?
Answer: The lease binds the new owner because it runs with the land
A lease is a conveyance of a property interest that runs with the land and binds subsequent purchasers who take with notice.
Owen grants Blackacre 'to Anna and her heirs, but if the land is ever used for commercial purposes, then to Ben.' What interest does Ben hold?
Answer: An executory interest
Ben holds a shifting executory interest because his future interest cuts short a fee simple rather than following the natural expiration of a prior estate.
A deed recorded before a prior unrecorded deed under a race-notice statute will prevail only if the subsequent purchaser:
Answer: Pays valuable consideration and records first without notice of the prior conveyance
Under a race-notice statute, the subsequent purchaser must both record first AND take without notice of the prior conveyance.
A cotenant in a tenancy in common exclusively possesses the entire property and excludes the other cotenant. The excluded cotenant may bring an action for:
Answer: Ouster and recover a proportionate share of rental value
When one cotenant ousts another by exclusive possession, the ousted cotenant may recover their proportionate share of fair rental value.
Under the equitable mortgage doctrine, a deed absolute on its face will be treated as a mortgage when:
Answer: The parties intended the deed as security for a debt
Courts apply the equitable mortgage doctrine when evidence shows the parties intended a conveyance to function as security for repayment of a debt.
A seller and buyer enter a real estate contract. Before closing, a fire destroys the house. Under the majority rule (equitable conversion):
Answer: The buyer bears the loss because equitable title passed at contract execution
Under the majority equitable conversion rule, equitable title passes to the buyer upon contract execution, so the buyer bears the risk of loss.
A negative easement prevents a servient estate owner from doing something on their land. Which of the following is a recognized traditional negative easement?
Answer: Obstructing light and air reaching the dominant estate
Traditional negative easements include light, air, support, and streamflow — courts historically refused to expand this list to include view easements.