VA Bar Real Property 2 — Questions and Answers
Question 1: Under Virginia law, the statutory period required to establish title by adverse possession is:
- 5 years
- 10 years
- 15 years (Correct answer)
- 21 years
Correct answer: 15 years
Virginia Code § 8.01-236 provides a 15-year limitations period for actions to recover real property, which governs adverse possession claims.
Question 2: Virginia's recording statute is best characterized as:
- A pure notice statute
- A pure race statute
- A race-notice statute (Correct answer)
- A shelter rule statute
Correct answer: A race-notice statute
Virginia Code § 55.1-407 is a race-notice statute, requiring a subsequent purchaser to both record first and take without notice of the prior conveyance to prevail.
Question 3: For a deed to be valid in Virginia, which of the following is NOT required?
- A written instrument
- Consideration stated in the deed (Correct answer)
- A legal description of the property
- The grantor's signature
Correct answer: Consideration stated in the deed
A deed is not a contract and does not require consideration; it must be in writing, signed by the grantor, and describe the property conveyed.
Question 4: For a restrictive covenant to run with the land at law and bind future purchasers, which element is NOT required?
- Intent that the covenant run with the land
- The covenant must touch and concern the land
- Privity of estate between the original parties
- Payment of monetary consideration by each successor in interest (Correct answer)
Correct answer: Payment of monetary consideration by each successor in interest
The elements for a covenant to run at law are intent, touch and concern, and privity of estate; payment of consideration by successors is not among them.
Question 5: Under Virginia law, which of the following is NOT an element of adverse possession?
- Actual possession of the property
- Open and notorious use
- Color of title (Correct answer)
- Hostile possession under a claim of right
Correct answer: Color of title
Color of title is not required for adverse possession in Virginia, though having it may expand the scope of the claim beyond the area actually occupied.
Question 6: A 'wild deed' in the chain of title refers to a deed that:
- Contains fraudulent representations about the property
- Is unenforceable due to missing essential elements
- Was recorded but cannot be found through a standard grantor-grantee index search because it is outside the chain of title (Correct answer)
- Purports to convey property the grantor does not own
Correct answer: Was recorded but cannot be found through a standard grantor-grantee index search because it is outside the chain of title
A wild deed is recorded but is undiscoverable by a searcher conducting a standard grantor-grantee index search because it was granted by someone who does not appear in the chain of title.
Question 7: A quitclaim deed differs from a general warranty deed primarily because:
- A quitclaim deed conveys an absolute fee simple title
- A quitclaim deed conveys only the grantor's current interest with no covenants of warranty (Correct answer)
- A quitclaim deed must expressly recite consideration
- A quitclaim deed does not need to be delivered to be effective
Correct answer: A quitclaim deed conveys only the grantor's current interest with no covenants of warranty
A quitclaim deed conveys whatever interest the grantor holds at the time of conveyance without any covenants warranting the title.
VA Bar Real Property 2
Under Virginia law, the statutory period required to establish title by adverse possession is: