PA Bar Real Property 2

Question 1

An adverse possessor in Pennsylvania must satisfy which time period of continuous, open, notorious, hostile, and actual possession to bring a claim?

Accepted Answer

21 years

Answer

5 years

Answer

10 years

Answer

15 years

Question 2

In Pennsylvania, a mortgage is treated under which legal theory, giving the mortgagor the right to remain in possession until foreclosure?

Accepted Answer

Lien theory

Answer

Title theory

Answer

Intermediate theory

Answer

Deed of trust theory

Question 3

A fixture in Pennsylvania is generally treated as real property. Under the UCC, a secured creditor's fixture filing prevails over the real property mortgagee if the fixture filing is recorded:

Accepted Answer

Before the goods become fixtures or within 20 days after the goods become fixtures

Answer

At any time before the mortgagee records

Answer

Within 10 days after the goods become fixtures

Answer

Before the mortgage is foreclosed upon

Question 4

Under the doctrine of equitable conversion, if a buyer and seller enter a land sale contract and the property is destroyed before closing, who bears the risk of loss under traditional common law rules?

Accepted Answer

The buyer, because equitable title passed at contract formation

Answer

The seller, because they still hold legal title

Answer

The party in possession of the property

Answer

Neither party — the contract is rescinded automatically

Question 5

In Pennsylvania, the Statute of Frauds requires that a contract for the sale of real property must be:

Accepted Answer

In writing and signed by the party to be charged

Answer

Acknowledged before a notary public

Answer

Recorded in the county recorder of deeds

Answer

Witnessed by two disinterested parties

Question 6

A restrictive covenant in a residential subdivision will run with the land at law and bind subsequent purchasers if which element is NOT satisfied?

Accepted Answer

The original parties were strangers to the title

Answer

The covenant is in writing

Answer

There is intent to bind successors

Answer

The covenant touches and concerns the land

Question 7

Under Pennsylvania zoning law, a property owner who wishes to use property in a manner inconsistent with current zoning regulations may seek which type of relief to depart from the literal terms of the zoning ordinance due to unique hardship?

Accepted Answer

Variance

Answer

Rezoning

Answer

Special exception

Answer

Conditional use permit