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

The durational language 'so long as' creates a fee simple determinable that automatically ends upon violation.

Question 2

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

Accepted Answer

Race-notice statute

Answer

New Mexico is a race-notice jurisdiction; a subsequent purchaser prevails only if they take without notice AND record first.

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

New Mexico recognizes the implied warranty of habitability and allows rent withholding, repair-and-deduct, or lease termination after notice.

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

A voluntary conveyance by one joint tenant severs the joint tenancy and converts it to a tenancy in common as to that share.

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

New Mexico's Marketable Title Act provides that a 50-year chain of title is sufficient to establish marketable title.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Real Property & Land Use 3