NYLE Real Property Law 4

Question 1

A purchaser of New York real property discovers a prior unrecorded deed in the chain of title only after closing. Under the recording act, the purchaser is protected if they:

Accepted Answer

Had no actual or constructive notice and recorded first

Answer

New York's race-notice recording statute protects a bona fide purchaser for value who takes without notice and records before the prior claimant.

Question 2

Under New York law, a landlord's failure to maintain a residential rental unit in habitable condition may give the tenant the right to:

Accepted Answer

Withhold rent or repair-and-deduct up to one month's rent

Answer

New York recognizes the implied warranty of habitability (RPL § 235-b), allowing tenants to withhold rent or make repairs and deduct costs for landlord's breach.

Question 3

Which of the following is NOT a method by which an easement can be terminated in New York?

Accepted Answer

Non-use for 10 years

Answer

In New York, mere non-use of an easement does not extinguish it; termination requires abandonment (non-use plus intent to abandon) or another recognized method.

Question 4

Under New York's mortgage foreclosure law, a judicial foreclosure sale must be confirmed by:

Accepted Answer

The court that issued the foreclosure judgment

Answer

New York requires judicial foreclosure, and the court retains jurisdiction to confirm (or refuse to confirm) the foreclosure sale to protect against unconscionably low bids.

Question 5

A deed restriction prohibits the use of land for commercial purposes. If a subsequent owner uses the land commercially, the prior owner's remedy under New York equity is:

Accepted Answer

An injunction to enforce the equitable servitude

Answer

An equitable servitude (restrictive covenant enforceable in equity) allows the original covenantee or successors to seek injunctive relief against violating owners.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Real Property Law 4