Property Law Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Property Law flashcards as text
O sells Blackacre to A, who does not record. O then sells to B, who pays value and knows nothing of A. B records. Under a notice recording statute, who prevails?
Answer: B, because he was a bona fide purchaser without notice
Under a notice statute, a subsequent bona fide purchaser without notice prevails over a prior unrecorded conveyance regardless of who records first.
Under a race-notice statute, a subsequent purchaser prevails over a prior unrecorded deed only if the purchaser:
Answer: Takes without notice and records first
A race-notice statute protects a subsequent purchaser only when he both lacks notice at purchase and wins the race to record.
A general warranty deed's covenant of quiet enjoyment is breached when:
Answer: The grantee is actually or constructively evicted by a superior title after taking possession
Quiet enjoyment is a future covenant breached only when the grantee is disturbed in possession by someone holding paramount title.
Buyer and Seller sign a valid contract for the sale of land. Before closing, a fire destroys the house through no one's fault. Under the majority equitable conversion rule, who bears the loss?
Answer: The buyer, who holds equitable title
Under equitable conversion, the buyer is treated as the equitable owner from signing and bears the risk of loss before closing in the majority of states.
A borrower defaults on a mortgage and the lender forecloses. A second mortgage recorded after the foreclosing first mortgage is:
Answer: Extinguished if the second mortgagee was joined in the foreclosure
Foreclosure of a senior mortgage wipes out properly joined junior interests, leaving juniors to claim only surplus sale proceeds.
O signs a deed to A and locks it in O's desk, telling A about it. O dies still holding the deed. Who owns the land?
Answer: O's estate, because the deed was never delivered
A deed is ineffective without delivery, meaning a present intent to transfer, and retaining the deed presumes no such intent.
Buyer purchases from Grantee-X, unaware that X's deed came from a forger. Buyer pays value, takes without notice, and records. Buyer's title is:
Answer: Void, because a forged deed conveys nothing
A forged deed is void ab initio and passes no title even to a subsequent bona fide purchaser who records.