Bar Exam Real Property 2

Question 1

A grantor conveys Blackacre 'to A for life, then to B and her heirs.' B dies before A. What is the state of the title?

Accepted Answer

B's remainder passes to B's heirs or devisees, and A's life estate continues

Answer

B holds a vested remainder in fee simple. A vested remainder is alienable, devisable, and descendible. When B dies before A, B's vested remainder passes by will or intestacy to B's heirs. The remainder interest survives B's death because it was already vested — A's life estate is unaffected.

Question 2

Under the common law Rule Against Perpetuities, an interest is void if it might not vest within:

Accepted Answer

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

Answer

The common law Rule Against Perpetuities (RAP) voids any future interest that might not vest or fail within a life in being at the creation of the interest plus 21 years. The interest must be certain to vest or fail within this period — any possibility, no matter how remote, of vesting outside the period voids the interest.

Question 3

O conveys Blackacre 'to A and her heirs so long as the land is used for farming, and if not, to B and his heirs.' What interest does B hold?

Accepted Answer

A shifting executory interest

Answer

When a fee simple determinable is followed by a future interest in a third party (not the grantor), the third party holds a shifting executory interest — it divests the first grantee upon occurrence of the limiting condition. A right of entry/power of termination can only be retained by the grantor, not given to a third party.

Question 4

In a general warranty deed, which covenant is breached at the time of delivery if the grantor does not have the title she purports to convey?

Accepted Answer

Covenant of seisin

Answer

The covenant of seisin is a present covenant that warrants the grantor is currently seized of the estate being conveyed. It is breached at the moment of delivery if the grantor does not own the title purported to be conveyed. Present covenants (seisin, right to convey, against encumbrances) are breached at the time of delivery if false.

Question 5

Which recording act type protects a subsequent bona fide purchaser who records first, even if the prior grantee had not yet recorded?

Accepted Answer

Race-notice statute

Answer

Under a race-notice statute, a subsequent bona fide purchaser (BFP) prevails over a prior grantee if: (1) the subsequent purchaser takes without notice of the prior conveyance, AND (2) the subsequent purchaser records before the prior grantee. Both elements must be satisfied. This is the most common type of recording act.

Bar Exam Practice Test

Bar Exam Practice Test

Bar Exam Real Property 2