SC Bar Property Law 4

Question 1

O conveys "to the school board so long as the land is used for school purposes." What interest does O retain?

Accepted Answer

A possibility of reverter

Answer

A right of entry

Answer

A reversion

Answer

An executory interest

Question 2

A landlord fails to repair a broken heating system in winter despite repeated notice, making the apartment unlivable, and the tenant moves out. What doctrine excuses the tenant's rent obligation?

Accepted Answer

Constructive eviction

Answer

Retaliatory eviction

Answer

Anticipatory repudiation

Answer

Surrender by operation of law only

Question 3

A buyer's title search reveals a properly recorded mortgage from a prior owner that was never satisfied. The buyer closes anyway using a general warranty deed from the seller. Which covenant is breached at closing?

Accepted Answer

The covenant against encumbrances

Answer

The covenant of quiet enjoyment

Answer

The covenant of further assurances

Answer

No covenant, because the mortgage was recorded

Question 4

In South Carolina, a surviving spouse who is omitted from or dissatisfied with the deceased spouse's will may claim what share of the probate estate?

Accepted Answer

An elective share of one-third

Answer

An elective share of one-half

Answer

Dower in one-third of real property only

Answer

Nothing if the will was validly executed

Question 5

Two adjacent landowners share a wall. One excavates on his own land, causing his neighbor's improved building to crack, though unimproved land would not have subsided. Is the excavator strictly liable?

Accepted Answer

No; strict liability applies only if the land would have subsided in its natural state

Answer

Yes; lateral support liability is always strict

Answer

No; lateral support claims require a written agreement

Answer

Yes; any damage to adjacent buildings triggers strict liability

Question 6

A seller contracts to sell land but dies before closing. Under equitable conversion, how is the seller's interest treated for succession purposes?

Accepted Answer

As personal property passing to those entitled to personalty

Answer

As real property passing to the heirs of realty

Answer

The contract is terminated by death

Answer

The buyer's deposit is forfeited to the estate

Question 7

A zoning ordinance is enacted after a store has lawfully operated for years in what is now a residential zone. What is the store's status?

Accepted Answer

A lawful nonconforming use that may generally continue

Answer

An illegal use subject to immediate closure

Answer

A use requiring a new variance to continue

Answer

A spot zone that invalidates the ordinance