NM Bar Real Property & Land Use 2

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?

Accepted Answer

It passes to B's heirs or devisees

Answer

It is extinguished and reverts to the grantor

Answer

A takes the property in fee simple

Answer

The conveyance becomes void

Question 2

Under New Mexico's version of the Rule Against Perpetuities, which wait-and-see approach has New Mexico adopted?

Accepted Answer

The Uniform Statutory Rule Against Perpetuities (USRAP) 90-year wait-and-see period

Answer

The common law cy pres doctrine only

Answer

The classic common law rule with no modifications

Answer

The Restatement Third approach with no perpetuities limit

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?

Accepted Answer

At the moment of delivery of the deed

Answer

When the grantee is actually evicted

Answer

When the grantee attempts to sell the property

Answer

Only after the true owner asserts title

Question 4

In New Mexico, an easement by necessity arises when:

Accepted Answer

A grantor severs a parcel and leaves it with no access to a public road

Answer

A parcel is landlocked due to any cause

Answer

A neighbor blocks a long-used path

Answer

A landowner formally requests an easement and is refused

Question 5

Under the New Mexico Landlord-Tenant Act, how many days' notice must a landlord give before terminating a month-to-month tenancy?

Accepted Answer

30 days

Answer

7 days

Answer

14 days

Answer

60 days

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:

Accepted Answer

A nonconforming use

Answer

A variance

Answer

A conditional use permit

Answer

A spot zone

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?

Accepted Answer

The buyer, because equity treats the buyer as the owner once the contract is signed

Answer

The seller, because title has not yet passed

Answer

The loss is split equally between buyer and seller

Answer

The party in possession at the time of destruction