OK Bar Property Law 2 — Questions and Answers
Question 1: O conveys Blackacre "to A for life, then to B and her heirs." What interest does B hold during A's life?
- A vested remainder in fee simple (Correct answer)
- A contingent remainder
- An executory interest
- A reversion
Correct answer: A vested remainder in fee simple
B is an ascertained person with no condition precedent, so B holds an indefeasibly vested remainder in fee simple.
Question 2: O conveys "to A so long as the land is used as a farm." What interest does O retain?
- A right of entry
- A possibility of reverter (Correct answer)
- A reversion
- An executory interest
Correct answer: A possibility of reverter
Durational language like "so long as" creates a fee simple determinable, leaving the grantor a possibility of reverter that vests automatically on breach.
Question 3: A and B own land as joint tenants with right of survivorship. A secretly conveys her interest to C. What is the state of title?
- B owns the whole property by survivorship
- B and C are joint tenants
- B and C are tenants in common (Correct answer)
- The conveyance is void without B's consent
Correct answer: B and C are tenants in common
An inter vivos conveyance by one joint tenant severs the joint tenancy as to that share, making the grantee a tenant in common with the remaining owner.
Question 4: O conveys "to A for life, then to A's children who reach 21." A has one child, X, age 12. What interest do A's children have?
- A vested remainder
- A contingent remainder (Correct answer)
- A springing executory interest
- No interest until A dies
Correct answer: A contingent remainder
Because no child has yet satisfied the age condition, the remainder is contingent on reaching 21.
Question 5: H and W own Oklahoma property as joint tenants. H dies with a will leaving all his property to his brother. Who owns the property?
- W and the brother as tenants in common
- The brother alone
- W alone (Correct answer)
- W and the brother as joint tenants
Correct answer: W alone
The right of survivorship operates at death and prevails over a will, so the surviving joint tenant takes the whole estate.
Question 6: One cotenant in sole possession of the property collects rent from a third-party tenant occupying part of the land. Must she share it with the other cotenant?
- No, a cotenant in possession owes nothing
- Yes, cotenants must account for rents received from third parties (Correct answer)
- Only if the cotenants are joint tenants
- Only if there is a written agreement
Correct answer: Yes, cotenants must account for rents received from third parties
A cotenant who collects rent from third parties must account to the other cotenants for their proportionate share.
Question 7: O conveys "to A, but if liquor is ever sold on the premises, O may re-enter and retake the land." A sells liquor on the land. Who owns it?
- O automatically owns it
- A owns it until O exercises the right of entry (Correct answer)
- A owns it in fee simple absolute
- The state, by escheat
Correct answer: A owns it until O exercises the right of entry
Conditional language creates a fee simple subject to condition subsequent, which is forfeited only when the grantor affirmatively exercises the right of entry.
OK Bar Property Law 2
O conveys Blackacre "to A for life, then to B and her heirs." What interest does B hold during A's life?