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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

At the moment of delivery of the deed

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

30 days

Answer

New Mexico requires 30 days' written notice by either party to terminate a month-to-month residential tenancy.

(NM Bar) New Mexico Bar Exam Practice Test