Real Property Law Flashcards
7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Real Property Law flashcards as text
Under New York law, which form of concurrent ownership can only be held by legally married spouses?
Answer: Tenancy by the entirety
Tenancy by the entirety in New York is available exclusively to married couples and includes a right of survivorship and protection from individual creditors.
What additional information must a New York seller of one-to-four family residential property disclose in the property condition disclosure statement under the amendment effective March 20, 2024?
Answer: Flood risk, flood history and flood insurance information
The 2023 amendment (effective March 20, 2024) added questions about flood risk, flood history and flood insurance to the property condition disclosure statement under RPL art. 14 and eliminated the $500 credit alternative.
In New York, a lis pendens (notice of pendency) filed in connection with a real property action is effective for:
Answer: 3 years, with court permission to extend
Under CPLR § 6513, a notice of pendency is effective for three years from filing and may be extended by court order for good cause.
Which of the following would constitute constructive notice of a prior conveyance to a subsequent purchaser in New York?
Answer: A recorded deed in the grantor-grantee index
Constructive notice arises from documents properly recorded in the public records, as a purchaser is charged with knowledge of everything in their chain of title.
Under the New York Estates, Powers and Trusts Law, which doctrine prevents a surviving spouse from being entirely disinherited by a will?
Answer: The elective share right
Under EPTL § 5-1.1-A, a surviving spouse may elect against the will and receive the greater of $50,000 or one-third of the net estate.
In New York, a residential landlord who fails to give the tenant an itemized statement and the balance of the security deposit within 14 days after the tenant vacates:
Answer: Forfeits any right to retain any portion of the deposit, and is liable for punitive damages of up to twice the deposit if the violation is willful
Under GOL 7-108(1-a)(e), a landlord who does not provide the itemized statement and return the balance within 14 days of the tenant vacating forfeits any right to retain any portion of the deposit; under 7-108(1-a)(g), a willful violation exposes the landlord to punitive damages of up to twice the deposit.
Under New York's condominium law, a unit owner's interest in the common elements is:
Answer: An undivided percentage interest that passes with the unit
Under the New York Condominium Act (RPL Article 9-B), each unit owner holds an undivided percentage interest in the common elements as a tenant in common, which automatically transfers with the unit.