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 fee simple determinable, created by durational language like "so long as," leaves the grantor a possibility of reverter that vests automatically.

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

Constructive eviction relieves a tenant of rent liability when the landlord's breach substantially interferes with use and the tenant vacates within a reasonable time.

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

An outstanding mortgage is an encumbrance that breaches the present covenant against encumbrances at the moment of conveyance.

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

South Carolina grants a surviving spouse an elective share of one-third of the decedent's probate estate under S.C. Code § 62-2-201.

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

Strict liability for loss of lateral support applies only when land would have subsided in its natural, unimproved state; otherwise the plaintiff must prove negligence.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Property Law 4