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

A grant 'to A so long as...' creates a fee simple determinable in A, and the grantor retains a possibility of reverter that vests automatically upon the occurrence of the stated condition.

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

New York's 2008 amendment (RPAPL § 501) added a requirement of a 'claim of right' with a reasonable basis for the belief in ownership, in addition to the traditional elements over 10 years.

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

Under NYC rent stabilization, a landlord may seek owner occupancy, but qualified senior citizens (62+) or disabled tenants are exempt from such evictions under the Rent Stabilization Code.

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

New York courts recognize part performance and promissory estoppel as exceptions to the Statute of Frauds when a party has detrimentally relied on an oral promise to convey land.

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

Under New York's race-notice recording statute, a judgment creditor who dockets before the mortgage is recorded, without notice of the prior mortgage, takes priority.

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NY Bar - New York Bar Exam Practice Test

NY Bar Real Property 2