Multistate Bar Exam Real Property 2

Question 1

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?

Accepted Answer

The lease binds the new owner because it runs with the land

Answer

The lease terminates automatically upon sale

Answer

The tenant may sue the original landlord for breach of contract only

Answer

The tenant must vacate but can recover a security deposit

Question 2

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?

Accepted Answer

An executory interest

Answer

A remainder

Answer

A right of entry

Answer

A reversion

Question 3

A deed recorded before a prior unrecorded deed under a race-notice statute will prevail only if the subsequent purchaser:

Accepted Answer

Pays valuable consideration and records first without notice of the prior conveyance

Answer

Records first regardless of notice

Answer

Has actual notice but records before the prior grantee

Answer

Is a donee who records immediately

Question 4

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:

Accepted Answer

Ouster and recover a proportionate share of rental value

Answer

Ejectment only

Answer

Partition only

Answer

Quiet title

Question 5

Under the equitable mortgage doctrine, a deed absolute on its face will be treated as a mortgage when:

Accepted Answer

The parties intended the deed as security for a debt

Answer

The grantor retains possession

Answer

The grantee fails to record the deed

Answer

The deed lacks consideration

Question 6

A seller and buyer enter a real estate contract. Before closing, a fire destroys the house. Under the majority rule (equitable conversion):

Accepted Answer

The buyer bears the loss because equitable title passed at contract execution

Answer

The seller bears the loss and must refund the deposit

Answer

The loss is split equally between buyer and seller

Answer

The contract is void and both parties are excused

Question 7

A negative easement prevents a servient estate owner from doing something on their land. Which of the following is a recognized traditional negative easement?

Accepted Answer

Obstructing light and air reaching the dominant estate

Answer

Preventing the servient owner from playing loud music

Answer

Blocking a neighbor's view of a scenic mountain

Answer

Parking vehicles on a shared driveway