RI Bar Real Property 2 — Questions and Answers
Question 1: A deed conveys Blackacre 'to A and B as joint tenants with right of survivorship.' A later conveys his interest to C without B's knowledge. What is the result?
- A and C hold as joint tenants
- B and C hold as tenants in common (Correct answer)
- The conveyance is void because joint tenancy cannot be severed unilaterally
- B holds the entire estate because the conveyance destroyed A's interest
Correct answer: B and C hold as tenants in common
A unilateral conveyance by one joint tenant to a third party severs the joint tenancy as to that share, making B and C tenants in common.
Question 2: Under the Rhode Island recording act, which type of statute governs priority disputes between successive grantees of the same parcel?
- Pure race statute
- Pure notice statute
- Race-notice statute (Correct answer)
- Shelter doctrine statute
Correct answer: Race-notice statute
Rhode Island follows the race-notice recording act, so a subsequent purchaser prevails only if she takes without notice and records first.
Question 3: A landowner grants an easement to a neighbor 'for the purpose of ingress and egress to the neighbor's dominant parcel.' The neighbor later subdivides and sells a back lot. Does the easement benefit the back lot?
- Yes, because the easement runs with all land benefited by it
- No, because the easement cannot be expanded to burden the servient estate beyond its original scope (Correct answer)
- Yes, because subdivision automatically extends all appurtenant easements
- No, because the back lot was not identified in the original grant
Correct answer: No, because the easement cannot be expanded to burden the servient estate beyond its original scope
An appurtenant easement cannot be extended to benefit additional parcels beyond the original dominant estate because it would overburden the servient tenement.
Question 4: A testator devises Blackacre 'to my daughter D for life, then to D's children who survive her.' D has two children at the testator's death. What is the interest held by D's children?
- Vested remainder subject to open (Correct answer)
- Contingent remainder
- Executory interest
- Indefeasibly vested remainder
Correct answer: Vested remainder subject to open
D's children hold a vested remainder subject to open (class gift) because the class is identified but may expand if D has more children.
Question 5: O leases an apartment to T for two years at $1,200/month. After 18 months, T sublets to S for the remaining six months. T is evicted. What is the landlord's claim against S?
- O can evict S because S is in privity of contract with O
- O can evict S because T's sublease gave S no greater rights than T had (Correct answer)
- O cannot evict S because S is a bona fide sublessee
- O has no claim because T remains liable for rent
Correct answer: O can evict S because T's sublease gave S no greater rights than T had
A sublessee holds no greater rights than the original tenant; when T's tenancy is terminated, S's sublease also terminates.
Question 6: A seller enters a contract to sell Blackacre to a buyer. Before closing, a fire destroys the house. Under the majority rule, who bears the risk of loss?
- The seller, because legal title has not yet passed
- The buyer, under the doctrine of equitable conversion (Correct answer)
- The seller, because the buyer has not taken possession
- The buyer, only if she had insurance on the property
Correct answer: The buyer, under the doctrine of equitable conversion
Under the majority equitable conversion doctrine, risk of loss passes to the buyer upon execution of the land sale contract because equity regards the buyer as the owner.
Question 7: A mortgagor defaults and the mortgagee forecloses by judicial sale. After the sale proceeds are applied, a deficiency remains. What right does the mortgagee have in Rhode Island?
- No remedy, because Rhode Island is a non-recourse state
- A deficiency judgment against the mortgagor for the remaining balance (Correct answer)
- A second lien automatically arises on the mortgagor's other property
- The right to rescind the foreclosure and retain the property
Correct answer: A deficiency judgment against the mortgagor for the remaining balance
Rhode Island permits a mortgagee to seek a deficiency judgment against the mortgagor after judicial foreclosure if the sale proceeds are insufficient.
RI Bar Real Property 2
A deed conveys Blackacre 'to A and B as joint tenants with right of survivorship.' A later conveys his interest to C without B's knowledge.
What is the result?