RI Bar Real Property 5

Question 1

A landowner dedicates a strip of land as a public road. Years later, the municipality abandons the road. Who owns the strip?

Accepted Answer

Title reverts to the abutting landowners under the centerline presumption

Answer

Upon abandonment of a dedicated road, title reverts to the abutting landowners, each taking to the centerline of the road under the majority rule.

Question 2

A seller of residential property in Rhode Island fails to disclose a known latent defect — a cracked foundation — before closing. The buyer discovers the defect one year after purchase. The buyer's best claim is:

Accepted Answer

Fraudulent misrepresentation or fraudulent concealment

Answer

A seller who knowingly conceals a material latent defect may be liable for fraudulent concealment or fraudulent misrepresentation under Rhode Island law.

Question 3

A landlord enters a tenant's apartment without notice to make repairs while the tenant is at work. Under Rhode Island's Residential Landlord and Tenant Act, the landlord must generally give how much advance notice?

Accepted Answer

48 hours

Answer

Rhode Island R.I. Gen. Laws § 34-18-26 requires a landlord to give the tenant at least 24 hours' notice before entry, except in emergencies.

Question 4

O conveys 'to A and her heirs so long as the land is used for farming, otherwise to B.' The future interest in B is:

Accepted Answer

Invalid under the Rule Against Perpetuities

Answer

A future interest in a third party following a determinable fee is an executory interest, but it is void under the RAP because it may not vest within lives in being plus 21 years.

Question 5

A buyer signs a land sale contract but the seller refuses to convey. The buyer seeks specific performance. The court will most likely:

Accepted Answer

Grant it because each parcel of land is considered unique

Answer

Courts routinely grant specific performance to buyers of real property because land is considered unique and money damages are presumed inadequate.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Real Property 5