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 tenant holds a month-to-month tenancy and pays rent on the first of each month. The landlord wishes to terminate the tenancy. Under common law, how much notice is required?
Answer: One month
At common law, a periodic tenancy measured in months requires notice equal to one full period (one month) to terminate.
A deed is delivered to a third-party escrow agent with instructions to deliver it to the buyer upon payment. The seller dies before the buyer pays. The buyer later pays. Title:
Answer: Passes to the buyer because delivery to escrow was irrevocable
Delivery to an escrow agent is irrevocable; death of the grantor after conditional delivery does not defeat the transfer when the condition is met.
An adverse possessor who has satisfied all elements of adverse possession for the statutory period holds:
Answer: Title that automatically becomes a legal estate upon expiration of the period
Under most jurisdictions, title vests automatically by operation of law when all elements of adverse possession are satisfied for the statutory period; a quiet title action merely confirms what already occurred.
A landowner grants an easement appurtenant to a neighboring parcel. The landowner then sells the dominant estate. What happens to the easement?
Answer: It passes automatically with the dominant estate
An easement appurtenant is attached to the dominant estate and passes automatically to any subsequent owner of that land.
A court finds that a government regulation has gone 'too far' and constitutes a regulatory taking. The landowner is entitled to:
Answer: Just compensation under the Fifth Amendment
When a government regulation constitutes a taking under the Penn Central or Lucas tests, the Fifth Amendment requires payment of just compensation.
A deed states 'to Alex and Blake as joint tenants with right of survivorship.' Alex conveys his interest to Carol without Blake's knowledge. What is the result?
Answer: Carol and Blake hold as tenants in common
A joint tenant may unilaterally convey their interest, which severs the joint tenancy; the transferee and the remaining joint tenant then hold as tenants in common.
A landowner conveys a fee simple determinable. The grantor retains which interest?
Answer: A possibility of reverter
The grantor who conveys a fee simple determinable retains a possibility of reverter, which takes effect automatically if the limiting condition occurs.