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

New Mexico does not require payment of property taxes as an element of adverse possession, though it may be relevant evidence.

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

New Mexico limits security deposits for unfurnished units to one month's rent.

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

A forged deed is void ab initio; recording does not cure the forgery, and no subsequent purchaser can obtain good title through a forged instrument.

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

The covenant of warranty is a future covenant; the limitations period begins to run when the covenant is breached, which occurs upon actual or constructive eviction.

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

Under Nollan v. California Coastal Commission and Dolan v. City of Tigard, land use exactions must have an essential nexus to a legitimate state interest and be roughly proportional to the project's impact.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Real Property & Land Use 4