OH Bar Property Law 5

Question 1

O conveys "to A so long as the land is used as a farm, then to B." Under the common-law Rule Against Perpetuities, what is the state of title?

Accepted Answer

A has a fee simple determinable and O has a possibility of reverter, because B's executory interest is void

Answer

B's shifting executory interest could vest centuries later and is void under the Rule, leaving A with a fee simple determinable and O a possibility of reverter.

Question 2

A buyer obtains a purchase-money mortgage from a bank on the same day two judgment liens attach to all of the buyer's after-acquired property. Which interest has priority in the new home?

Accepted Answer

The purchase-money mortgage, which takes priority over prior judgment liens in the property purchased

Answer

A purchase-money mortgage has special priority over earlier judgments against the buyer with respect to the property it financed.

Question 3

A tenant's landlord repeatedly enters the apartment without notice and lets contractors block the only entrance for weeks, so the tenant moves out and stops paying rent. What defense does the tenant have to a rent claim?

Accepted Answer

Constructive eviction, because the landlord substantially interfered and the tenant vacated promptly

Answer

Substantial interference with use and enjoyment, notice, and prompt vacating establish constructive eviction and terminate the rent obligation.

Question 4

A grantor conveys the same parcel twice: first to X, who does not record, then as a gift to Y, who records immediately without knowledge of X. Under Ohio's race-notice statute, who owns the parcel?

Accepted Answer

X, because Y is a donee and not a purchaser for value protected by the statute

Answer

Recording acts protect only subsequent purchasers for value, so a donee like Y cannot use the statute to defeat the prior unrecorded deed.

Question 5

An Ohio landlocked parcel was created when a farmer sold his back acreage without reserving road access. Years later, the buyer of the back parcel seeks a way out across the front parcel. What is the strongest theory?

Accepted Answer

Easement implied by necessity arising at severance of common ownership

Answer

An easement by necessity arises when a conveyance severs commonly owned land and leaves one parcel without legal access.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Property Law 5