SC Bar Property Law 2 — Questions and Answers
Question 1: A grantor conveys land "to A for life, then to B and her heirs." What interest does B hold during A's lifetime?
- A vested remainder in fee simple (Correct answer)
- A contingent remainder
- An executory interest
- A reversion
Correct answer: A vested remainder in fee simple
B is an ascertained person with no condition precedent, so B holds a vested remainder in fee simple absolute.
Question 2: Under South Carolina law, what is the statutory period required to acquire title by adverse possession?
- 10 years (Correct answer)
- 5 years
- 15 years
- 20 years
Correct answer: 10 years
South Carolina requires 10 years of continuous, open, notorious, hostile, and exclusive possession under S.C. Code § 15-67-210.
Question 3: A landowner sells the back half of his parcel, which has no road access except across the retained front half. No easement is mentioned in the deed. What easement most likely arises?
- Easement by necessity (Correct answer)
- Easement by prescription
- Express easement
- Easement by estoppel
Correct answer: Easement by necessity
Severance of a commonly owned parcel that leaves one portion landlocked creates an easement by necessity over the retained land.
Question 4: South Carolina follows which type of recording statute?
- Race-notice (Correct answer)
- Pure race
- Pure notice
- Torrens registration only
Correct answer: Race-notice
South Carolina is a race-notice jurisdiction, protecting subsequent purchasers who take without notice and record first.
Question 5: A tenant with a one-year lease remains in the apartment after the lease expires and the landlord accepts a monthly rent check. What tenancy is created?
- A periodic tenancy (Correct answer)
- A tenancy at sufferance
- A new one-year term of years
- A tenancy at will
Correct answer: A periodic tenancy
Acceptance of rent from a holdover tenant converts the tenancy at sufferance into a periodic tenancy measured by the rent payment interval.
Question 6: Which of the following covenants of title is breached, if at all, only at the time of conveyance?
- Covenant of seisin (Correct answer)
- Covenant of quiet enjoyment
- Covenant of warranty
- Covenant of further assurances
Correct answer: Covenant of seisin
The covenant of seisin is a present covenant breached, if ever, at the moment of delivery of the deed.
Question 7: O conveys "to A and B as joint tenants with right of survivorship." A then conveys her interest to C. What is the state of title?
- B and C hold as tenants in common (Correct answer)
- B and C hold as joint tenants
- B owns the entire property
- C owns the entire property
Correct answer: B and C hold as tenants in common
An inter vivos conveyance by one joint tenant severs the joint tenancy, leaving the grantee and the remaining cotenant as tenants in common.
SC Bar Property Law 2
A grantor conveys land "to A for life, then to B and her heirs." What interest does B hold during A's lifetime?