SC Bar Property Law 3

Question 1

A deed is signed and acknowledged but kept in the grantor's desk drawer until his death, when it is found addressed to his nephew. Is the conveyance valid?

Accepted Answer

No, because the deed was never delivered

Answer

Yes, because it was signed and acknowledged

Answer

Yes, because the nephew is a natural object of bounty

Answer

No, because it lacked consideration

Question 2

A buyer signs a contract to purchase a home, and the house burns down before closing through no fault of either party. Under the majority equitable conversion rule, who bears the risk of loss?

Accepted Answer

The buyer

Answer

The seller

Answer

The parties share equally

Answer

The seller's insurer exclusively

Question 3

A restrictive covenant limits lots in a subdivision to residential use. A new owner who had no actual knowledge of the covenant opens a business. What theory best allows neighbors to enforce the restriction against her?

Accepted Answer

Implied reciprocal servitude based on a common scheme with record or inquiry notice

Answer

Easement by necessity

Answer

Adverse possession

Answer

The covenant is unenforceable without actual notice

Question 4

A mortgagor in South Carolina defaults on her home loan. Which statement best describes the required foreclosure process?

Accepted Answer

Foreclosure must proceed judicially through the courts

Answer

The lender may use a nonjudicial power-of-sale foreclosure

Answer

The lender may retake title by mere notice to the borrower

Answer

Strict foreclosure without sale is the standard remedy

Question 5

A neighbor's use of a driveway across another's land began with the owner's oral permission. After 15 years of use, the neighbor claims a prescriptive easement. What is the likely result?

Accepted Answer

No easement, because permissive use is not hostile

Answer

An easement, because the use exceeded the statutory period

Answer

An easement, because oral permission is void under the Statute of Frauds

Answer

No easement, because driveways cannot be acquired by prescription

Question 6

H and W, a married couple, take title "as tenants in common." H dies intestate. Who takes H's one-half interest?

Accepted Answer

H's heirs under intestacy law

Answer

W automatically by survivorship

Answer

The state by escheat

Answer

W takes only if she paid part of the price

Question 7

A general warranty deed contains six covenants of title. Which covenant runs with the land and may be enforced by remote grantees?

Accepted Answer

The covenant of quiet enjoyment

Answer

The covenant of seisin

Answer

The covenant of right to convey

Answer

The covenant against encumbrances