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

A deed is ineffective without delivery, which requires the grantor's present intent to pass title during life.

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

Under equitable conversion, the buyer holds equitable title once the contract is signed and therefore bears the risk of loss before closing.

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

A common scheme of development plus record or inquiry notice permits enforcement of implied reciprocal negative servitudes against subsequent purchasers.

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

South Carolina is a judicial foreclosure state, so lenders must obtain a court decree before a foreclosure sale.

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

Use that begins and continues with the owner's permission lacks the hostility required for a prescriptive easement.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Property Law 3