Multistate Bar Exam Real Property 4

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?

Accepted Answer

One month

Answer

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:

Accepted Answer

Passes to the buyer because delivery to escrow was irrevocable

Answer

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:

Accepted Answer

Title that automatically becomes a legal estate upon expiration of the period

Answer

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?

Accepted Answer

It passes automatically with the dominant estate

Answer

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:

Accepted Answer

Just compensation under the Fifth Amendment

Answer

When a government regulation constitutes a taking under the Penn Central or Lucas tests, the Fifth Amendment requires payment of just compensation.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Real Property 4