NM Bar Real Property & Land Use 3

Question 1

O conveys Blackacre 'to A so long as no alcohol is sold on the premises.' A sells alcohol. What estate did A have and what is the result?

Accepted Answer

Fee simple determinable; title automatically reverts to O

Answer

Fee simple subject to condition subsequent; O must re-enter

Answer

Fee tail; the conveyance is void

Answer

Life estate; A forfeits all rights

Question 2

Under New Mexico recording law, which type of recording act does New Mexico follow?

Accepted Answer

Race-notice statute

Answer

Race statute

Answer

Notice statute

Answer

Pure common law priority rules

Question 3

A landlord in New Mexico fails to repair a broken heating system in winter after proper notice. Under the implied warranty of habitability, the tenant's remedy includes:

Accepted Answer

Rent withholding, repair-and-deduct, or termination after notice

Answer

Immediate termination only with court order

Answer

Filing a criminal complaint against the landlord

Answer

Only seeking damages after vacating the premises

Question 4

Two co-tenants hold property as joint tenants. One secretly conveys her interest to a third party. What is the result?

Accepted Answer

The joint tenancy is severed and a tenancy in common is created between the remaining joint tenant and the third party

Answer

The conveyance is void because joint tenancy cannot be severed unilaterally

Answer

The third party takes the entire property by right of survivorship

Answer

The remaining joint tenant can void the conveyance within one year

Question 5

Under the New Mexico Marketable Title Act, what is the look-back period a purchaser must search to establish marketable title?

Accepted Answer

50 years

Answer

10 years

Answer

30 years

Answer

75 years

Question 6

A New Mexico municipality denies a variance request. The property owner believes the denial is arbitrary. The proper legal challenge is:

Accepted Answer

Appeal to the district court via certiorari or statutory appeal within the prescribed period

Answer

Petition for a writ of mandamus to force approval

Answer

Filing a takings claim in federal court only

Answer

Requesting a rezoning from the city council

Question 7

What is the primary distinction between an easement appurtenant and an easement in gross?

Accepted Answer

An easement appurtenant benefits a dominant estate; an easement in gross benefits a person without a dominant estate

Answer

Only easements appurtenant can be negative easements

Answer

Easements in gross are always commercial; appurtenant easements are always personal

Answer

Easements appurtenant cannot be transferred; easements in gross run with the land