FREE ID BAR Real Property Questions and Answer

Question 1

Under Idaho law, which of the following is NOT a requirement for establishing a claim of adverse possession?

Accepted Answer

Permission from the original owner to use the property

Answer

A fundamental requirement for establishing a claim of adverse possession in Idaho, as in most jurisdictions, is that the possession must be 'hostile' or 'adverse,' meaning it occurs without the true owner's permission. If the possessor has permission from the original owner to use the property, their use is permissive and not adverse, thereby preventing the establishment of an adverse possession claim. The other options are generally requirements for adverse possession.

Question 2

In a real estate transaction, what does the term “marketable title” refer to in Idaho?

Accepted Answer

A title free of any defects or encumbrances

Answer

In Idaho, 'marketable title' refers to a title to real property that is free from reasonable doubt as to its validity and free from any significant defects or encumbrances that would expose the buyer to litigation or make the property unmarketable. It assures a buyer that they are receiving clear ownership without hidden problems. While title insurance can protect against defects, marketable title itself describes the quality of the title.

Question 3

Which of the following best describes a “tenancy by the entirety” in Idaho?

Accepted Answer

A type of co-ownership that is not recognized in Idaho

Answer

Tenancy by the entirety is a special form of co-ownership typically available only to married couples, characterized by a right of survivorship and protection against individual creditors. However, Idaho does not recognize tenancy by the entirety as a form of property ownership. Instead, married couples in Idaho typically hold property as community property or as joint tenants with right of survivorship.

Question 4

In Idaho, which of the following is generally required for a real estate contract to be enforceable?

Accepted Answer

Written agreement

Answer

Under the Statute of Frauds, which is applicable in Idaho, contracts for the sale of real estate or any interest in land must be in writing to be legally enforceable. This requirement is designed to prevent fraud and ensure that significant transactions involving real property are properly documented. An oral agreement for the sale of real estate is generally not enforceable in court.

Question 5

Which of the following best describes an “easement appurtenant” in Idaho?

Accepted Answer

An easement that benefits the land itself and transfers with the land when sold

Answer

An easement appurtenant in Idaho is a right to use another's land that benefits an adjacent parcel of land, known as the dominant estate, and 'runs with the land.' This means the easement is tied to the property itself, not a specific individual, and automatically transfers to subsequent owners when the dominant estate is sold. It is distinct from an easement in gross, which benefits a specific person or entity personally.

ID Bar - Idaho Bar Exam Practice Test

ID Bar - Idaho Bar Exam Practice Test

FREE ID BAR Real Property Questions and Answer