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

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?

Accepted Answer

Lien theory

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

The buyer, because equitable title passed at contract formation

Answer

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:

Accepted Answer

In writing and signed by the party to be charged

Answer

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.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Real Property 2