PA Bar Real Property 2 — Questions and Answers
Question 1: An adverse possessor in Pennsylvania must satisfy which time period of continuous, open, notorious, hostile, and actual possession to bring a claim?
- 5 years
- 10 years
- 15 years
- 21 years (Correct answer)
Correct answer: 21 years
Pennsylvania requires 21 years of adverse possession to ripen into title, which is longer than the typical 10-year period used in many other states.
Question 2: In Pennsylvania, a mortgage is treated under which legal theory, giving the mortgagor the right to remain in possession until foreclosure?
- Title theory
- Lien theory (Correct answer)
- Intermediate theory
- Deed of trust theory
Correct answer: Lien theory
Pennsylvania follows the lien theory of mortgages, meaning the mortgagee holds only a security interest (lien) and the mortgagor retains legal title and possession until foreclosure.
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:
- At any time before the mortgagee records
- Before the goods become fixtures or within 20 days after the goods become fixtures (Correct answer)
- Within 10 days after the goods become fixtures
- Before the mortgage is foreclosed upon
Correct answer: Before the goods become fixtures or within 20 days after the goods become fixtures
Under UCC Article 9, a purchase money security interest in fixtures perfected by a fixture filing before or within 20 days of the goods becoming fixtures has priority over a conflicting real property mortgage.
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?
- The seller, because they still hold legal title
- The buyer, because equitable title passed at contract formation (Correct answer)
- The party in possession of the property
- Neither party — the contract is rescinded automatically
Correct answer: The buyer, because equitable title passed at contract formation
Under equitable conversion, once a valid land sale contract is formed, equitable title passes to the buyer, who bears the risk of loss even though the seller retains legal title until closing.
Question 5: In Pennsylvania, the Statute of Frauds requires that a contract for the sale of real property must be:
- Acknowledged before a notary public
- In writing and signed by the party to be charged (Correct answer)
- Recorded in the county recorder of deeds
- Witnessed by two disinterested parties
Correct answer: In writing and signed by the party to be charged
Under the Statute of Frauds, a contract for the sale of land must be in writing and signed by the party against whom enforcement is sought.
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?
- The covenant is in writing
- There is intent to bind successors
- The covenant touches and concerns the land
- The original parties were strangers to the title (Correct answer)
Correct answer: The original parties were strangers to the title
For a covenant to run with the land at law, the covenanting parties must be in privity of estate (typically grantor-grantee), not strangers to the title; stranger parties cannot create enforceable real covenants.
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?
- Rezoning
- Special exception
- Variance (Correct answer)
- Conditional use permit
Correct answer: Variance
A variance permits a property owner to deviate from zoning requirements where literal enforcement would cause unnecessary hardship due to the property's unique characteristics.
PA Bar Real Property 2
An adverse possessor in Pennsylvania must satisfy which time period of continuous, open, notorious, hostile, and actual possession to bring a claim?