NM Bar Real Property & Land Use 5

Question 1

New Mexico recognizes community property. Which of the following is separate property of one spouse?

Accepted Answer

Property acquired by gift to one spouse during marriage

Answer

Property received as a gift or inheritance during marriage is separate property of the recipient spouse under New Mexico community property law.

Question 2

A landowner in New Mexico wants to create a real covenant that will bind future owners. Which element is most critical to ensure the burden runs with the land?

Accepted Answer

There must be intent, touch and concern, and privity of estate between original covenanting parties

Answer

For the burden of a real covenant to run, there must be intent to bind successors, the covenant must touch and concern the land, and there must be horizontal and vertical privity.

Question 3

Under the New Mexico Subdivision Act, a developer who fails to obtain required approvals before selling lots may face:

Accepted Answer

Rescission of sales contracts by purchasers and criminal penalties

Answer

New Mexico's Subdivision Act allows purchasers to rescind contracts and imposes criminal liability on developers who sell lots without required approval.

Question 4

A prescriptive easement in New Mexico requires continuous use for how many years?

Accepted Answer

7 years

Answer

New Mexico requires 10 years of continuous, open, hostile, and adverse use to establish a prescriptive easement.

Question 5

An owner of surface rights in New Mexico conveys the land but retains mineral rights. A dispute arises over oil drilling access. Under the dominant estate doctrine:

Accepted Answer

The mineral rights owner has an implied right of reasonable surface access to extract minerals

Answer

Under the dominant estate doctrine in New Mexico, the mineral estate is dominant and carries an implied right of reasonable surface use necessary to extract minerals.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Real Property & Land Use 5