Multistate Bar Exam Real Property 4 — Questions and Answers
Question 1: 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?
- One week
- One month (Correct answer)
- Two months
- No notice is required
Correct answer: One month
At common law, a periodic tenancy measured in months requires notice equal to one full period (one month) to terminate.
Question 2: 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:
- Does not pass because the seller was dead at delivery
- Passes to the buyer because delivery to escrow was irrevocable (Correct answer)
- Passes only if the seller's heirs consent
- Fails because escrow requires both parties to be alive
Correct 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.
Question 3: An adverse possessor who has satisfied all elements of adverse possession for the statutory period holds:
- A personal right to use the land that is not transferable
- Title that automatically becomes a legal estate upon expiration of the period (Correct answer)
- A claim that must be confirmed by court judgment before title vests
- A future interest that ripens upon recording an affidavit
Correct 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.
Question 4: A landowner grants an easement appurtenant to a neighboring parcel. The landowner then sells the dominant estate. What happens to the easement?
- It is extinguished unless expressly mentioned in the deed
- It passes automatically with the dominant estate (Correct answer)
- It must be separately recorded to survive the transfer
- It becomes a license revocable by the new owner
Correct 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.
Question 5: A court finds that a government regulation has gone 'too far' and constitutes a regulatory taking. The landowner is entitled to:
- Criminal penalties against the regulating officials
- Just compensation under the Fifth Amendment (Correct answer)
- Rescission of the regulation without compensation
- Injunctive relief only
Correct 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.
Question 6: 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?
- The conveyance is void because joint tenancy requires both tenants' consent
- Carol and Blake hold as joint tenants with right of survivorship
- Carol and Blake hold as tenants in common (Correct answer)
- Blake receives Alex's share automatically upon the purported conveyance
Correct 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.
Question 7: A landowner conveys a fee simple determinable. The grantor retains which interest?
- A right of entry (power of termination)
- A possibility of reverter (Correct answer)
- A remainder
- An executory interest
Correct 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.
Multistate Bar Exam Real Property 4
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?