NY Bar Real Property 2

Question 1

O conveys Greenacre 'to A so long as the land is used for agricultural purposes.' What type of future interest does O retain?

Accepted Answer

Possibility of reverter

Answer

Right of entry (power of termination)

Answer

Reversion in fee simple

Answer

Executory interest

Question 2

In New York, which of the following is the MOST accurate statement regarding adverse possession?

Accepted Answer

The claimant must have actual, open, notorious, exclusive, and hostile possession for 10 years and, under the 2008 amendment, must have a 'reasonable basis' for the belief that the land is owned by them

Answer

The claimant must pay property taxes for at least 5 of the 10-year statutory period

Answer

The claimant need only show open and notorious use for 20 years without any additional requirements

Answer

The claimant must file a quiet title action within 3 years of completing the 10-year period

Question 3

A residential tenant in New York City has lived in a rent-stabilized apartment for 15 years. The landlord wishes to recover the unit for personal use. Under NYC rent stabilization rules, which of the following is MOST accurate?

Accepted Answer

The landlord may recover the unit for primary personal use by filing a non-renewal notice, but senior or disabled tenants with long tenancies may have heightened protections

Answer

The landlord may recover the unit immediately with 30 days' notice regardless of tenancy length

Answer

Rent-stabilized tenants can never be evicted for owner occupancy under any circumstances

Answer

The landlord must obtain court approval and pay relocation assistance equal to 3 months' rent in all cases

Question 4

In New York, which doctrine allows a court to enforce a promise to convey land made in exchange for the promisee's substantial detrimental reliance, even absent a written contract?

Accepted Answer

Promissory estoppel (part performance)

Answer

The merger doctrine

Answer

The parol evidence rule

Answer

Equitable subrogation

Question 5

A mortgage on real property is executed and delivered in New York but not immediately recorded. A subsequent judgment creditor dockets a judgment against the mortgagor. Under New York law, who has priority?

Accepted Answer

The judgment creditor, if the judgment was docketed before the mortgage was recorded and the creditor had no actual notice of the mortgage

Answer

The mortgage lender, because the mortgage was delivered before the judgment

Answer

The mortgage lender always, because a mortgage is a lien superior to all judgment liens

Answer

Neither party; they share the property pro rata

Question 6

Under New York law, when a lease is silent on the issue of subletting, a residential tenant in a building with four or more units has what right to sublet?

Accepted Answer

A qualified right to sublet with landlord consent, which consent cannot be unreasonably withheld under RPL § 226-b

Answer

No right to sublet without landlord consent; silence in the lease prohibits subletting

Answer

An absolute right to sublet to any person the tenant chooses

Answer

The right to sublet only with a court order permitting subletting

Question 7

A contract for the sale of real property in New York is signed, but before closing, the property is destroyed by fire. Under the traditional New York rule and the doctrine of equitable conversion, who bears the risk of loss?

Accepted Answer

The buyer, because equitable conversion treats the buyer as the equitable owner from the moment of contract

Answer

The seller, because they still hold legal title to the property at the time of loss

Answer

The risk is split equally between buyer and seller

Answer

The party in actual possession of the property at the time of loss