NYLE Real Property Law 3

Question 1

Under New York law, which concurrent ownership form allows a surviving co-owner to automatically inherit the deceased co-owner's share?

Accepted Answer

Both B and C

Answer

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:

Accepted Answer

Permanently attached to real property and treated as part of it

Answer

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:

Accepted Answer

10 years

Answer

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:

Accepted Answer

Recording in the county deed book

Answer

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:

Accepted Answer

Judgment liens that attached before the closing

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Real Property Law 3