NY Bar Real Property 3

Question 1

Which of the following BEST describes a 'tenancy by the entirety' under New York law?

Accepted Answer

A form of co-ownership available only to married couples (or domestic partners in NY), with right of survivorship and immunity from individual creditors of one spouse

Answer

A form of co-ownership available to any two persons, with right of survivorship but no unilateral right to partition

Answer

A form of co-ownership identical to joint tenancy but allowing unequal shares

Answer

A form of co-ownership that terminates automatically upon the death of either spouse

Question 2

In New York, the 'merger doctrine' in real property law provides that:

Accepted Answer

All prior representations in a real estate transaction are merged into and superseded by the deed upon closing

Answer

When a tenant purchases the landlord's fee interest, the lease and fee merge, extinguishing the lease

Answer

A life estate automatically merges into the next vested remainder when held by the same person

Answer

All easements are extinguished when property is sold to a bona fide purchaser

Question 3

A New York homeowner wants to install a fence that will encroach two feet onto the neighbor's property. The neighbor orally agrees. Years later, the neighbor's successor in title demands removal of the fence. Which defense is MOST likely to succeed for the homeowner?

Accepted Answer

Both B and C, depending on which elements are proven

Answer

The oral license defense, since the original neighbor granted permission

Answer

Easement by estoppel, if the homeowner detrimentally relied on the neighbor's permission and the successor had notice

Answer

Adverse possession, if the fence has been in place for 10 years with all required elements met

Question 4

Under New York law, which of the following is TRUE regarding a 'fee simple subject to a condition subsequent'?

Accepted Answer

The grantor retains a right of entry (power of termination) and must take affirmative action to reclaim the property upon breach

Answer

The estate automatically terminates when the condition is violated

Answer

The grantor retains a possibility of reverter that vests automatically on breach

Answer

The grantee may waive the condition and convert the estate to fee simple absolute

Question 5

A buyer purchases commercial real property in New York and later discovers that a neighboring lot is burdened by an express easement that runs in favor of the purchased property. The prior owner never told the buyer about the easement. Which of the following is MOST accurate?

Accepted Answer

The easement runs with the dominant estate and benefits the buyer as the new owner, provided it was properly created and recorded

Answer

The easement is extinguished if it was not mentioned in the deed to the buyer

Answer

The easement is personal to the original grantor and cannot be transferred without a new grant

Answer

The buyer must re-establish the easement by filing a new easement agreement within one year of purchase

Question 6

Under New York's Real Property Actions and Proceedings Law (RPAPL), a mortgagee seeking to foreclose on a defaulted mortgage must:

Accepted Answer

Bring a judicial foreclosure action in Supreme Court, provide required notices, and comply with RPAPL § 1304 pre-foreclosure notice for residential properties

Answer

File a notice of default in the county clerk's office and wait 60 days before commencing suit

Answer

Exercise a power of sale without court involvement, as New York allows non-judicial foreclosure

Answer

Obtain a confession of judgment from the mortgagor before commencing any foreclosure proceeding

Question 7

A testator's will devises Blackacre 'to my daughter A for life, then to A's children who survive A.' At the time the will is executed, A has no children. What is the nature of the future interest in A's children?

Accepted Answer

A contingent remainder, because the takers are unascertained (A has no children yet) and survival is required

Answer

A vested remainder subject to divestment

Answer

An executory interest, because it will divest A's life estate upon A's death

Answer

A reversion in the testator's estate because the remainder is void under the Rule Against Perpetuities