NY Bar Real Property 1 — Questions and Answers
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?
- Quitclaim deed
- Bargain and sale deed
- Statutory warranty deed (full covenant and warranty deed) (Correct answer)
- Fiduciary deed
Correct answer: Statutory warranty deed (full covenant and warranty deed)
A full covenant and warranty deed (statutory warranty deed) contains all six covenants of title and provides the greatest protection to the grantee.
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?
- The first grantee, because the grantor had no title left to convey
- The second purchaser, because New York follows a race-notice statute (Correct answer)
- The first grantee, because delivery of the deed transferred title
- Neither party; the property escheats to the state
Correct answer: The second purchaser, because New York follows a race-notice statute
New York follows a race-notice recording statute, so a subsequent bona fide purchaser for value who records first without notice of the prior conveyance prevails.
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?
- Nothing; B's remainder is extinguished upon B's death
- A vested remainder in fee simple, which passes to B's heirs or devisees (Correct answer)
- A contingent remainder that fails because B cannot survive A
- A springing executory interest that transfers to B's estate
Correct answer: A vested remainder in fee simple, which passes to B's heirs or devisees
B holds a vested remainder in fee simple absolute; because it is already vested, it passes through B's estate and is not extinguished by B predeceasing the life tenant.
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?
- The contract must be witnessed by two disinterested parties
- The contract must be in writing and signed by the party to be charged (Correct answer)
- The contract must be recorded in the county clerk's office within 30 days
- The contract must be notarized by a New York notary public
Correct answer: The contract must be in writing and signed by the party to be charged
New York's Statute of Frauds (GOL § 5-703) requires that a contract for the sale of real property be in writing and subscribed by the party to be charged or their lawful agent.
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?
- The right to withhold all rent until repairs are made, with no further obligation
- Repair and deduct from rent, up to one month's rent, without any notice requirement
- Rent abatement or withholding pursuant to RPL § 235-b, with proper notice and procedure (Correct answer)
- Immediate lease termination without liability for future rent under any circumstances
Correct answer: Rent abatement or withholding pursuant to RPL § 235-b, with proper notice and procedure
New York RPL § 235-b codifies the implied warranty of habitability, allowing tenants to seek rent abatement or withhold rent, but proper notice and procedure must be followed.
Question 6: Which of the following correctly describes a 'joint tenancy' under New York law?
- Co-owners hold unequal shares and each may devise their interest by will
- Co-owners hold equal shares with a right of survivorship, and all four unities must be present at creation (Correct answer)
- Co-owners hold equal shares but there is no right of survivorship
- Co-owners hold title as a single legal entity and cannot transfer their interest individually
Correct answer: Co-owners hold equal shares with a right of survivorship, and all four unities must be present at creation
A joint tenancy requires the four unities (time, title, interest, and possession) and includes a right of survivorship, distinguishing it from a tenancy in common.
Question 7: Under New York law, an easement by prescription is established when a party uses another's land in a manner that is:
- Open, notorious, hostile, and continuous for 10 years (Correct answer)
- Open, notorious, with permission, and continuous for 10 years
- Exclusive, secret, hostile, and continuous for 20 years
- Open, notorious, hostile, and continuous for 21 years
Correct answer: Open, notorious, hostile, and continuous for 10 years
In New York, an easement by prescription requires open, notorious, hostile (without permission), and continuous use for the 10-year statutory period.
NY Bar Real Property 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?