Multistate Bar Exam Real Property 3

Question 1

A life tenant makes improvements to real property without the remainderman's consent. Upon the life tenant's death, who owns the improvements?

Accepted Answer

The remainderman, because they become part of the realty

Answer

Improvements attached to realty become part of the land and pass to the remainderman upon the life tenant's death.

Question 2

Oscar conveys land 'to Alice for life, then to Bob if Bob survives Alice.' Bob dies before Alice. What happens to Bob's interest?

Accepted Answer

The interest fails and the land reverts to Oscar's estate

Answer

Bob held a contingent remainder that failed when he predeceased Alice, causing a reversion to Oscar's estate because no other remainderman was named.

Question 3

Under the Rule Against Perpetuities, a contingent remainder is void if it might not vest within:

Accepted Answer

A life in being at creation plus 21 years

Answer

The common law RAP voids interests that might not vest within a life in being at the creation of the interest plus 21 years.

Question 4

A mortgagor sells the mortgaged property and the buyer 'takes subject to' the mortgage. The original mortgagor later defaults. Who is personally liable to the lender?

Accepted Answer

Only the original mortgagor

Answer

When a buyer takes subject to a mortgage without assuming it, the buyer has no personal liability; only the original mortgagor remains personally obligated.

Question 5

A restrictive covenant in a subdivision deed will run with the land at law and bind future owners if it meets which requirement?

Accepted Answer

The restriction must benefit neighboring land and touch and concern the land

Answer

For a covenant to run with the land at law, there must be intent, privity of estate, and the covenant must touch and concern the land.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Real Property 3