SC Bar Property Law 2

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?

Accepted Answer

A vested remainder in fee simple

Answer

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?

Accepted Answer

10 years

Answer

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?

Accepted Answer

Easement by necessity

Answer

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?

Accepted Answer

Race-notice

Answer

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?

Accepted Answer

A periodic tenancy

Answer

Acceptance of rent from a holdover tenant converts the tenancy at sufferance into a periodic tenancy measured by the rent payment interval.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Property Law 2