OR Bar Property Law 4

Question 1

Under Oregon law, the statutory period required for a successful adverse possession claim is:

Accepted Answer

10 years

Answer

Oregon's adverse possession statute (ORS 105.620) requires continuous, hostile, open, notorious, and exclusive possession for 10 years before the claimant may bring a quiet title action.

Question 2

A grantor conveys Blackacre 'to A so long as the land is used for agricultural purposes.' This language creates:

Accepted Answer

A fee simple determinable with a possibility of reverter in the grantor

Answer

The durational language 'so long as' creates a fee simple determinable, which automatically terminates and reverts to the grantor upon cessation of the stated use, without any need for re-entry.

Question 3

Under the common law Rule Against Perpetuities, a contingent future interest is void unless it must vest or fail within:

Accepted Answer

A life in being at the creation of the interest plus 21 years

Answer

The classic Rule Against Perpetuities requires that any contingent interest must vest or fail within a life in being at the creation of the interest plus 21 years, or the interest is void ab initio.

Question 4

Which factor is MOST determinative in deciding whether personal property has become a fixture?

Accepted Answer

The objective intent of the annexor, as evidenced by method of attachment and adaptation

Answer

Courts weigh method of annexation, adaptation to the realty, and — most critically — the objective intent of the person who attached the item, to determine whether personal property has become a fixture.

Question 5

In a real estate contract, 'marketable title' means title that is:

Accepted Answer

Free from reasonable doubt that would cause a prudent buyer to refuse the purchase

Answer

Marketable title need not be perfect — it is title that a reasonably prudent buyer, fully advised of the facts, would accept as free from doubt that might expose them to litigation or make resale difficult.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Property Law 4