NJ Bar Real Property 3

Question 1

A grantor delivers a deed to a grantee with instructions that it only becomes effective upon the grantor's death. At the grantor's death, the grantee records the deed. Is the conveyance valid?

Accepted Answer

No, because delivery was conditional on death and the deed was never effectively delivered during the grantor's lifetime

Answer

Yes, because recording perfects delivery retroactively

Answer

Yes, because the grantor's intent controls

Answer

No, because a deed cannot transfer property at death

Question 2

Under New Jersey law, a mortgagor's right of redemption after foreclosure (statutory right of redemption):

Accepted Answer

Does not exist in New Jersey because it follows judicial foreclosure without a post-sale redemption period

Answer

Allows the mortgagor to redeem within 6 months after the foreclosure sale

Answer

Allows the mortgagor to redeem within 1 year after the foreclosure sale

Answer

Is available only if the mortgagee agrees in writing

Question 3

A municipality in New Jersey enacts a zoning ordinance prohibiting any new residential construction in a district currently zoned for single-family homes. A landowner whose application for a building permit is denied seeks relief. The most appropriate challenge is:

Accepted Answer

A variance if the ordinance causes unnecessary hardship unique to the landowner's parcel

Answer

A spot-zoning challenge if only the landowner's parcel is restricted

Answer

A takings claim as the first step before administrative remedies

Answer

An appeal solely to the state legislature

Question 4

O conveys 'to A and B as joint tenants.' A later mortgages her interest to a lender. Under New Jersey's lien theory of mortgages, what is the effect on the joint tenancy?

Accepted Answer

The joint tenancy is not severed because a lien does not destroy unity of title

Answer

The joint tenancy is severed because the mortgage transfers title to the lender

Answer

The joint tenancy is severed only if A defaults on the mortgage

Answer

The mortgage is void because joint tenants cannot encumber their interest

Question 5

A government condemns a strip of a landowner's property for a highway. The taking reduces the market value of the remaining parcel. The landowner may recover:

Accepted Answer

Just compensation for the strip taken plus severance damages for diminution in value of the remainder

Answer

Only the fair market value of the strip actually taken

Answer

The full value of the entire parcel as if entirely taken

Answer

Nothing for the remainder if the government improves its value

Question 6

A deed contains the following covenant: 'Grantor covenants that the land shall be used for residential purposes only.' A subsequent owner violates this restriction. An adjoining lot owner in the same subdivision seeks enforcement. This restriction is best enforced as:

Accepted Answer

An equitable servitude because it runs in equity and notice can be implied from the general plan

Answer

A real covenant because privity of estate exists between all lot owners

Answer

A license because it is personal to the original grantor

Answer

An easement appurtenant benefiting each lot

Question 7

Under the merger doctrine in property law, an easement is extinguished when:

Accepted Answer

The same person acquires ownership of both the dominant and servient estates

Answer

The easement holder sells the dominant estate to a third party

Answer

The servient estate owner erects a fence blocking the easement

Answer

The easement is not used for 10 consecutive years