NM Bar Real Property & Land Use 4

Question 1

A New Mexico court applies the doctrine of adverse possession. Which element is NOT required?

Accepted Answer

Payment of property taxes

Answer

Actual possession

Answer

Open and notorious use

Answer

Hostile and under claim of right

Question 2

Under the New Mexico Residential Landlord and Tenant Act, what is the maximum security deposit a landlord may collect for an unfurnished dwelling?

Accepted Answer

One month's rent

Answer

One month's rent plus a pet deposit

Answer

No statutory cap; parties may agree to any amount

Answer

Two months' rent if the tenant has a poor credit history, otherwise one month

Question 3

A deed is recorded but the grantor's signature was forged. Which statement best describes the effect on subsequent purchasers?

Accepted Answer

The forged deed is void, and recording cannot cure the forgery; bona fide purchasers take nothing

Answer

The forged deed is voidable and can be ratified by the true owner

Answer

The bona fide purchaser is protected because they relied on the recorded instrument

Answer

Recording raises a conclusive presumption of validity, protecting all subsequent purchasers

Question 4

In New Mexico, what is the statute of limitations for an action based on breach of a covenant of warranty in a deed?

Accepted Answer

The limitations period does not begin until the grantee is actually evicted or disturbed in possession

Answer

2 years from conveyance

Answer

4 years from conveyance

Answer

10 years from discovery of the title defect

Question 5

A New Mexico developer obtains a special use permit for a shopping center conditioned on building a traffic signal. The condition is challenged as an unconstitutional exaction. The constitutional test applied is:

Accepted Answer

The Nollan/Dolan essential nexus and rough proportionality test

Answer

Strict scrutiny under the due process clause

Answer

Rational basis review only

Answer

The Penn Central balancing test

Question 6

Which future interest is held by the grantor when land is conveyed 'to A, but if A divorces, then to the grantor'?

Accepted Answer

Right of entry (power of termination)

Answer

Possibility of reverter

Answer

Reversion

Answer

Executory interest

Question 7

Under New Mexico law, a landlord who wrongfully retains a security deposit without providing an itemized written statement within 30 days may be liable for:

Accepted Answer

Twice the wrongfully withheld amount plus attorney's fees

Answer

The actual deposit amount only

Answer

The deposit plus one month's penalty rent

Answer

Punitive damages in the court's discretion only