PA Bar Real Property 1

Question 1

Under Pennsylvania law, which deed provides the greatest protection to a grantee by including covenants of seisin, quiet enjoyment, right to convey, freedom from encumbrances, warranty, and further assurances?

Accepted Answer

General warranty deed

Answer

A general warranty deed contains all six covenants of title protecting the grantee against defects arising from the grantor's entire chain of title, providing the broadest protection.

Question 2

In Pennsylvania, the recording acts follow a race-notice statute. Under this system, a subsequent bona fide purchaser prevails over a prior unrecorded conveyance if the subsequent purchaser:

Accepted Answer

Takes without notice of the prior conveyance and records first

Answer

Under a race-notice statute, the subsequent purchaser must both lack notice of the prior conveyance AND record before the prior grantee to prevail.

Question 3

A testator devises Blackacre 'to A for life, then to B and her heirs.' A dies before the testator. Under the common law doctrine of lapse as applied in Pennsylvania, what happens to B's remainder?

Accepted Answer

B's remainder is valid and takes effect on the testator's death

Answer

Lapse doctrine applies to failed devises by predeceasing devisees; B's vested remainder is unaffected by A's death because B survived the testator and the remainder was always contingent only on A's prior life estate.

Question 4

Under the Rule Against Perpetuities, a contingent remainder is void unless it must vest, if at all, within:

Accepted Answer

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

Answer

The common law Rule Against Perpetuities requires that an interest vest, if at all, within a life in being at the creation of the interest plus 21 years.

Question 5

In Pennsylvania, which type of tenancy can be unilaterally terminated by either tenant without the consent of the other co-tenant?

Accepted Answer

Joint tenancy

Answer

A joint tenant may sever a joint tenancy unilaterally by conveying their interest, thereby converting it to a tenancy in common without the other joint tenant's consent.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Real Property 1