OH Bar Property Law 2

Question 1

O conveys Blackacre "to A for life, then to B and her heirs if B survives A." What interest does B hold during A's lifetime?

Accepted Answer

A contingent remainder

Answer

B's remainder is contingent because it is subject to the condition precedent that B survive A.

Question 2

A landowner in Ohio openly farms a neighbor's strip of land, believing it is his own, continuously for 21 years. Which element of adverse possession does his mistaken belief affect?

Accepted Answer

None — Ohio applies an objective standard of hostility

Answer

Ohio, like most states, uses an objective test for hostility, so a mistaken but non-permissive occupation still satisfies the element.

Question 3

A tenant with a one-year lease remains in the apartment after the term ends, and the landlord accepts the next month's rent check. What tenancy is most likely created?

Accepted Answer

A periodic tenancy

Answer

Acceptance of rent from a holdover tenant generally converts the tenancy at sufferance into a periodic tenancy measured by the rent payment interval.

Question 4

A deed is delivered to a grantee but never recorded, and the grantor later sells the same parcel to a bona fide purchaser who records first. Under Ohio's race-notice recording statute, who prevails?

Accepted Answer

The bona fide purchaser, because she took without notice and recorded first

Answer

Under a race-notice statute, a subsequent purchaser who takes without notice and records first defeats the prior unrecorded deed.

Question 5

A homeowner grants her neighbor a written easement to cross her driveway. The neighbor later buys the homeowner's lot, then sells it again a year later. What happened to the easement?

Accepted Answer

It was extinguished by merger and does not automatically revive

Answer

When the dominant and servient estates come into common ownership, the easement is extinguished by merger and is not revived by a later severance.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Property Law 2