SC Bar Property Law

Question 1

What is the difference between a joint tenancy and a tenancy in common?

Accepted Answer

Joint tenancy includes right of survivorship; tenancy in common allows inheritance by heirs

Answer

Joint tenancy features the right of survivorship (the surviving tenant inherits), while tenancy in common allows each co-owner to pass their share to heirs.

Question 2

What is eminent domain?

Accepted Answer

The government's power to take private property for public use with just compensation

Answer

Eminent domain allows the government to acquire private property for public purposes, but the Fifth Amendment requires payment of just compensation to the owner.

Question 3

What constitutes a fixture in real property law?

Accepted Answer

Personal property that has become permanently attached to real property

Answer

A fixture is personal property that has been attached to real property in a manner suggesting permanence, becoming part of the realty and transferring with the property.

Question 4

What is a deficiency judgment in foreclosure?

Accepted Answer

A judgment for the balance owed after the foreclosure sale proceeds are insufficient to cover the debt

Answer

When a foreclosure sale produces less than the outstanding mortgage balance, a deficiency judgment allows the lender to pursue the borrower for the remaining amount owed.

Question 5

What is a quitclaim deed?

Accepted Answer

A deed that transfers whatever interest the grantor may have without warranties of title

Answer

A quitclaim deed conveys whatever interest the grantor has, if any, without making any warranties about the quality of that title or whether the grantor even has an interest.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Property Law