PA Bar Real Property 3

Question 1

In Pennsylvania, which type of easement is created by operation of law when a grantor conveys a landlocked parcel with no other access to a public road?

Accepted Answer

Easement by necessity

Answer

An easement by necessity arises by operation of law when a parcel is landlocked and access requires crossing the grantor's retained land, based on the presumed intent of the parties.

Question 2

A tenancy by the entirety in Pennsylvania can only be created between:

Accepted Answer

Married couples only

Answer

A tenancy by the entirety is a form of co-ownership available only to legally married spouses, treating them as a single legal unit with full right of survivorship.

Question 3

Under the implied warranty of habitability in Pennsylvania residential leases, a landlord's breach allows a tenant to:

Accepted Answer

Withhold rent, repair and deduct, or terminate the lease depending on the severity

Answer

When a landlord breaches the implied warranty of habitability, Pennsylvania tenants may withhold rent, repair the defect and deduct the cost, reduce rent, or terminate the lease depending on the circumstances.

Question 4

In Pennsylvania, a deed conveying real property must be delivered to be effective. Which of the following constitutes a valid delivery?

Accepted Answer

The grantor physically hands the deed to the grantee with intent to transfer title

Answer

Delivery requires both the physical or constructive transfer of the deed AND the grantor's intent to make a present transfer of title; the grantor handing the deed to the grantee with intent satisfies both elements.

Question 5

Under Pennsylvania eminent domain law, a property owner is entitled to 'just compensation' when the government takes private property. This amount is measured by:

Accepted Answer

The property's fair market value at the time of the taking

Answer

Just compensation under the Fifth Amendment and Pennsylvania law equals the fair market value of the property at the time of the taking — what a willing buyer would pay a willing seller.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Real Property 3