OK Bar Property Law 2

Question 1

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

Accepted Answer

A vested remainder in fee simple

Answer

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?

Accepted Answer

A possibility of reverter

Answer

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?

Accepted Answer

B and C are tenants in common

Answer

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?

Accepted Answer

A contingent remainder

Answer

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?

Accepted Answer

W alone

Answer

The right of survivorship operates at death and prevails over a will, so the surviving joint tenant takes the whole estate.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Property Law 2