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

A lease is a conveyance of a property interest that runs with the land and binds subsequent purchasers who take with notice.

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

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.

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

Under a race-notice statute, the subsequent purchaser must both record first AND take without notice of the prior conveyance.

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

When one cotenant ousts another by exclusive possession, the ousted cotenant may recover their proportionate share of fair rental value.

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

Courts apply the equitable mortgage doctrine when evidence shows the parties intended a conveyance to function as security for repayment of a debt.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Real Property 2