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 tenancy by the entirety in New York is available only to married couples (and now registered domestic partners), carries a right of survivorship, and is immune from individual creditors of either spouse alone.

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All prior representations in a real estate transaction are merged into and superseded by the deed upon closing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

The merger doctrine holds that once a deed is delivered and accepted at closing, it supersedes and merges all prior representations, warranties, and contract terms, leaving only the deed's covenants in force.

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

Both easement by estoppel (based on detrimental reliance on the license) and adverse possession (10-year open, notorious, hostile, continuous possession) are viable defenses if their respective elements are established.

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

In a fee simple subject to condition subsequent, the grantor retains a right of entry (power of termination) and must affirmatively exercise it to reclaim the property; title does not automatically revert.

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

An appurtenant easement runs with the dominant estate automatically and benefits each successive owner of the dominant tenement without any need for re-conveyance.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Real Property 3