RI Bar Real Property 2

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?

Accepted Answer

B and C hold as tenants in common

Answer

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?

Accepted Answer

Race-notice statute

Answer

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?

Accepted Answer

No, because the easement cannot be expanded to burden the servient estate beyond its original scope

Answer

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?

Accepted Answer

Vested remainder subject to open

Answer

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?

Accepted Answer

O can evict S because T's sublease gave S no greater rights than T had

Answer

A sublessee holds no greater rights than the original tenant; when T's tenancy is terminated, S's sublease also terminates.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Real Property 2