RI Bar Real Property 3

Question 1

O conveys 'to A for life, remainder to B if B passes the bar exam.' B dies before A, having never passed the bar. What happens to the remainder?

Accepted Answer

The contingent remainder is destroyed and O has a reversion

Answer

Because B predeceased A without satisfying the condition precedent, the contingent remainder is extinguished and O's reversion becomes possessory at A's death.

Question 2

A covenant in a 1965 deed restricts land 'to residential use only.' The area has since become entirely commercial. A court is most likely to find the covenant:

Accepted Answer

Unenforceable due to changed conditions rendering its purpose obsolete

Answer

Courts may refuse to enforce a restrictive covenant when changed conditions in the neighborhood make its original purpose impossible to achieve.

Question 3

A tenant holds a month-to-month tenancy. The landlord wishes to terminate the tenancy. Under Rhode Island law, what notice is required?

Accepted Answer

30 days written notice

Answer

Rhode Island requires at least 30 days written notice to terminate a month-to-month tenancy under R.I. Gen. Laws § 34-18-37.

Question 4

To establish a prescriptive easement under Rhode Island law, a claimant must show use that is:

Accepted Answer

Open, notorious, continuous, and hostile for 10 years (exclusive not required)

Answer

Rhode Island prescriptive easement requires open, notorious, continuous, and hostile use for 10 years; exclusivity is not required because an easement is shared use.

Question 5

A grantor conveys property by quitclaim deed. Six months later, the grantor acquires title to the same property from the true owner. Under the doctrine of estoppel by deed, what occurs?

Accepted Answer

Title automatically passes to the original grantee under after-acquired title doctrine

Answer

Under estoppel by deed (after-acquired title), when a grantor who lacked title later acquires it, that title automatically passes to the prior grantee.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Real Property 3