NYLE Real Property Law 3 — Questions and Answers
Question 1: Under New York law, which concurrent ownership form allows a surviving co-owner to automatically inherit the deceased co-owner's share?
- Tenancy in common
- Joint tenancy with right of survivorship
- Tenancy by the entirety
- Both B and C (Correct answer)
Correct answer: Both B and C
Both joint tenancy and tenancy by the entirety (available only to married spouses in New York) carry a right of survivorship, automatically vesting the deceased's share in the survivor.
Question 2: A fixture in New York is generally defined as personal property that has become:
- Insured under a homeowner's policy
- Permanently attached to real property and treated as part of it (Correct answer)
- Listed on the property tax assessment roll
- Valued at more than $500 by the assessor
Correct answer: Permanently attached to real property and treated as part of it
A fixture is personal property that has been so permanently annexed to real property that it is treated as part of the realty and passes with a conveyance of the land.
Question 3: In New York, adverse possession requires continuous, open, notorious, exclusive, and hostile use for a period of:
- 7 years
- 10 years (Correct answer)
- 15 years
- 20 years
Correct answer: 10 years
New York's RPAPL § 501 requires adverse possession for a continuous period of 10 years to ripen into title.
Question 4: A covenant running with the land in New York requires all of the following EXCEPT:
- Intent that the covenant run with the land
- Touch and concern the land
- Privity of estate between the parties
- Recording in the county deed book (Correct answer)
Correct answer: Recording in the county deed book
Recording is not a required element for a covenant to run with the land; the elements are intent, touch and concern, and privity of estate.
Question 5: Under New York law, a purchase money mortgage has priority over:
- All prior recorded mortgages
- Judgment liens that attached before the closing (Correct answer)
- Mechanic's liens filed before closing
- Only mortgages recorded in the same calendar year
Correct answer: Judgment liens that attached before the closing
A purchase money mortgage in New York has priority over judgment liens that attached to the buyer's interest before closing, as the purchase money mortgage and the conveyance are simultaneous.
Question 6: Which doctrine prevents a grantor who has conveyed property to one party from later conveying that same property to another party?
- Merger doctrine
- Estoppel by deed
- After-acquired title (estoppel by deed) (Correct answer)
- Equitable conversion
Correct answer: After-acquired title (estoppel by deed)
Under the after-acquired title doctrine (estoppel by deed), if a grantor who lacked title at conveyance later acquires it, title automatically passes to the original grantee.
Question 7: In New York City, which law provides rent stabilization protections for tenants in buildings with six or more units built before 1974?
- The Rent Control Law of 1943
- The Emergency Tenant Protection Act of 1974 and the Rent Stabilization Law (Correct answer)
- The Housing Stability and Tenant Protection Act of 2019 only
- The Multiple Dwelling Law
Correct answer: The Emergency Tenant Protection Act of 1974 and the Rent Stabilization Law
The Emergency Tenant Protection Act of 1974, implemented via the Rent Stabilization Law, governs rent stabilization for qualifying NYC residential buildings.
NYLE Real Property Law 3
Under New York law, which concurrent ownership form allows a surviving co-owner to automatically inherit the deceased co-owner's share?