NJ Bar Real Property

Question 1

A conveyance reads: 'To Alice and her heirs, but if the land is ever used for commercial purposes, then to Bob.' What interest does Bob hold?

Accepted Answer

Executory interest

Answer

Right of entry

Answer

Possibility of reverter

Answer

Remainder

Question 2

Under New Jersey law, what is the minimum period of open, notorious, hostile, and continuous possession required to establish adverse possession?

Accepted Answer

20 years

Answer

10 years

Answer

15 years

Answer

30 years

Question 3

A landowner grants a neighbor the right to use a path across her land 'for as long as the neighbor needs it for access.' This creates:

Accepted Answer

An easement appurtenant

Answer

A license

Answer

An easement in gross

Answer

A profit à prendre

Question 4

A landlord fails to repair a broken heating system during winter despite repeated tenant requests. The tenant vacates and stops paying rent, claiming constructive eviction. Which element is most critical to establish constructive eviction?

Accepted Answer

The tenant must have vacated the premises

Answer

The landlord must have acted intentionally

Answer

The defect must be cosmetic in nature

Answer

The tenant must give 90 days written notice

Question 5

Under the New Jersey recording act, which is a race-notice statute, a subsequent purchaser for value prevails over a prior grantee if the subsequent purchaser:

Accepted Answer

Records first and takes without notice of the prior conveyance

Answer

Records first regardless of notice

Answer

Takes without notice regardless of recording order

Answer

Has actual notice but records first

Question 6

O conveys Blackacre 'to A for life, then to B if B survives A.' B dies before A. What happens to the remainder?

Accepted Answer

The remainder lapses and reverts to O

Answer

B's heirs take the remainder

Answer

A takes in fee simple

Answer

The remainder accelerates into possession

Question 7

A real covenant running with the land at law requires which of the following elements?

Accepted Answer

Intent, touch and concern, and privity of estate

Answer

Writing, consideration, and recording

Answer

Notice, intent, and horizontal privity only

Answer

Consideration, vertical privity, and recording