NY Bar Real Property

Question 1

Under New York law, which type of deed provides the GREATEST protection to a grantee by including covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances?

Accepted Answer

Statutory warranty deed (full covenant and warranty deed)

Answer

Quitclaim deed

Answer

Bargain and sale deed

Answer

Fiduciary deed

Question 2

In New York, when a grantor delivers a deed to a grantee but the grantee has not yet recorded it, and the grantor subsequently sells the same property to a bona fide purchaser for value who records first, who prevails under New York's recording act?

Accepted Answer

The second purchaser, because New York follows a race-notice statute

Answer

The first grantee, because the grantor had no title left to convey

Answer

The first grantee, because delivery of the deed transferred title

Answer

Neither party; the property escheats to the state

Question 3

A testator devises Blackacre 'to A for life, then to B and her heirs.' B predeceases A. What interest, if any, does B's estate hold at the moment of B's death?

Accepted Answer

A vested remainder in fee simple, which passes to B's heirs or devisees

Answer

Nothing; B's remainder is extinguished upon B's death

Answer

A contingent remainder that fails because B cannot survive A

Answer

A springing executory interest that transfers to B's estate

Question 4

Under New York's Statute of Frauds, which of the following is required for a contract for the sale of real property to be enforceable?

Accepted Answer

The contract must be in writing and signed by the party to be charged

Answer

The contract must be witnessed by two disinterested parties

Answer

The contract must be recorded in the county clerk's office within 30 days

Answer

The contract must be notarized by a New York notary public

Question 5

In New York, a landlord's failure to maintain a residential premises in a habitable condition gives a tenant which of the following remedies?

Accepted Answer

Rent abatement or withholding pursuant to RPL § 235-b, with proper notice and procedure

Answer

The right to withhold all rent until repairs are made, with no further obligation

Answer

Repair and deduct from rent, up to one month's rent, without any notice requirement

Answer

Immediate lease termination without liability for future rent under any circumstances

Question 6

Which of the following correctly describes a 'joint tenancy' under New York law?

Accepted Answer

Co-owners hold equal shares with a right of survivorship, and all four unities must be present at creation

Answer

Co-owners hold unequal shares and each may devise their interest by will

Answer

Co-owners hold equal shares but there is no right of survivorship

Answer

Co-owners hold title as a single legal entity and cannot transfer their interest individually

Question 7

Under New York law, an easement by prescription is established when a party uses another's land in a manner that is:

Accepted Answer

Open, notorious, hostile, and continuous for 10 years

Answer

Open, notorious, with permission, and continuous for 10 years

Answer

Exclusive, secret, hostile, and continuous for 20 years

Answer

Open, notorious, hostile, and continuous for 21 years