NM Bar Real Property & Land Use 2 — Questions and Answers
Question 1: A New Mexico landowner conveys a parcel 'to A for life, then to B and her heirs.' B dies before A. What happens to B's remainder interest?
- It is extinguished and reverts to the grantor
- It passes to B's heirs or devisees (Correct answer)
- A takes the property in fee simple
- The conveyance becomes void
Correct answer: It passes to B's heirs or devisees
A vested remainder is descendible, devisable, and alienable, so B's interest passes through her estate.
Question 2: Under New Mexico's version of the Rule Against Perpetuities, which wait-and-see approach has New Mexico adopted?
- The common law cy pres doctrine only
- The Uniform Statutory Rule Against Perpetuities (USRAP) 90-year wait-and-see period (Correct answer)
- The classic common law rule with no modifications
- The Restatement Third approach with no perpetuities limit
Correct answer: The Uniform Statutory Rule Against Perpetuities (USRAP) 90-year wait-and-see period
New Mexico adopted USRAP, which provides a 90-year saving period as an alternative to the common law RAP.
Question 3: A deed in New Mexico contains a covenant of seisin. The grantor did not own the property at conveyance. When is the covenant of seisin breached?
- When the grantee is actually evicted
- At the moment of delivery of the deed (Correct answer)
- When the grantee attempts to sell the property
- Only after the true owner asserts title
Correct answer: At the moment of delivery of the deed
The covenant of seisin is a present covenant breached, if at all, at the time of delivery.
Question 4: In New Mexico, an easement by necessity arises when:
- A parcel is landlocked due to any cause
- A grantor severs a parcel and leaves it with no access to a public road (Correct answer)
- A neighbor blocks a long-used path
- A landowner formally requests an easement and is refused
Correct answer: A grantor severs a parcel and leaves it with no access to a public road
An easement by necessity requires a common grantor who created the landlocked condition through severance.
Question 5: Under the New Mexico Landlord-Tenant Act, how many days' notice must a landlord give before terminating a month-to-month tenancy?
- 7 days
- 14 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
New Mexico requires 30 days' written notice by either party to terminate a month-to-month residential tenancy.
Question 6: A New Mexico zoning ordinance prohibits commercial uses in a residential district. A property owner operated a gas station there before the ordinance was enacted. This is best described as:
- A variance
- A conditional use permit
- A nonconforming use (Correct answer)
- A spot zone
Correct answer: A nonconforming use
A lawful use that predates a zoning restriction is a nonconforming use, which generally may continue.
Question 7: Under the doctrine of equitable conversion, when a land sale contract is signed but not yet closed and the property is destroyed by fire, who generally bears the loss?
- The seller, because title has not yet passed
- The buyer, because equity treats the buyer as the owner once the contract is signed (Correct answer)
- The loss is split equally between buyer and seller
- The party in possession at the time of destruction
Correct answer: The buyer, because equity treats the buyer as the owner once the contract is signed
Under equitable conversion, the buyer holds equitable title from contract signing and bears the risk of loss.
NM Bar Real Property & Land Use 2
A New Mexico landowner conveys a parcel 'to A for life, then to B and her heirs.' B dies before A.
What happens to B's remainder interest?