SC Bar Property Law 5

Question 1

O conveys "to A, but if A ever uses the land for commercial purposes, then to B." What interest does B hold?

Accepted Answer

A shifting executory interest

Answer

A future interest in a third party that cuts short a prior estate upon a condition is a shifting executory interest.

Question 2

A tenant assigns her lease to an assignee, who later stops paying rent. Absent a release, whom may the landlord sue for the unpaid rent?

Accepted Answer

Both the original tenant and the assignee

Answer

The assignee is liable through privity of estate while the original tenant remains liable through privity of contract.

Question 3

A South Carolina residential seller knows the home's crawl space floods every spring but says nothing to the buyer. What best describes the seller's disclosure obligation?

Accepted Answer

The seller must complete a statutory disclosure statement revealing known material defects

Answer

South Carolina's Residential Property Condition Disclosure Act requires sellers to disclose known material defects on a statutory form.

Question 4

A fixture dispute arises when a commercial tenant seeks to remove specialized ovens it bolted into a leased bakery before the lease ends. What is the likely result?

Accepted Answer

The tenant may remove the trade fixtures if removal occurs before the lease ends and damage is repaired

Answer

Trade fixtures installed for a tenant's business may be removed before the tenancy ends provided the tenant repairs any resulting damage.

Question 5

A grantor delivers a deed to an escrow agent with instructions to give it to the buyer upon full payment. The grantor dies before payment is complete, and the buyer then pays in full. Is the buyer's title valid?

Accepted Answer

Yes, because delivery relates back to the deposit in escrow

Answer

Under the relation-back doctrine, title passing through a valid commercial escrow relates back to the original deposit, surviving the grantor's death.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Property Law 5