NJ Bar Real Property 2

Question 1

A joint tenant conveys her interest to a third party without the knowledge of the other joint tenant. What is the effect of this conveyance?

Accepted Answer

It severs the joint tenancy as to the conveyed share

Answer

It is void because joint tenants cannot unilaterally convey

Answer

It converts the entire tenancy to a tenancy in common

Answer

It has no effect until the other joint tenant consents

Question 2

Under New Jersey's Statute of Frauds, a contract for the sale of real property must be in writing and signed. Which doctrine may allow enforcement of an oral contract for sale despite the Statute of Frauds?

Accepted Answer

Part performance

Answer

Promissory estoppel only

Answer

Equitable conversion

Answer

The parol evidence rule

Question 3

A seller conveys property to a buyer by warranty deed. Six months later, a third party successfully asserts a valid easement that the seller had not disclosed. Which covenant in the warranty deed has been breached?

Accepted Answer

Covenant against encumbrances

Answer

Covenant of quiet enjoyment

Answer

Covenant of seisin

Answer

Covenant of right to convey

Question 4

Under New Jersey law, a residential landlord's implied warranty of habitability:

Accepted Answer

Cannot be waived by the tenant in a lease agreement

Answer

May be waived in writing by commercial tenants only

Answer

Applies only to tenants who pay market-rate rent

Answer

Is satisfied once the landlord makes reasonable repair attempts

Question 5

A purchaser is under contract to buy land. Before closing, the building on the land is destroyed by fire without fault of either party. Under the majority rule (equitable conversion):

Accepted Answer

The risk of loss falls on the buyer

Answer

The risk of loss falls on the seller

Answer

The contract is automatically rescinded

Answer

The risk of loss is shared equally between buyer and seller

Question 6

A mortgage in New Jersey is best characterized under state law as:

Accepted Answer

A lien on the property, not a transfer of title

Answer

A conveyance of legal title to the lender until repayment

Answer

A conditional sale with right of redemption

Answer

An assignment of rents and profits only

Question 7

Which of the following fixtures would most likely be treated as personal property removable by a departing tenant?

Accepted Answer

A built-in commercial oven installed by a restaurant tenant

Answer

A central air conditioning system installed in a residential unit

Answer

A fireplace mantle bolted to the wall by the landlord

Answer

Custom cabinetry built into the kitchen walls by the landlord