VA Bar Real Property 2

Question 1

Under Virginia law, the statutory period required to establish title by adverse possession is:

Accepted Answer

15 years

Answer

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:

Accepted Answer

A race-notice statute

Answer

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?

Accepted Answer

Consideration stated in the deed

Answer

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?

Accepted Answer

Payment of monetary consideration by each successor in interest

Answer

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?

Accepted Answer

Color of title

Answer

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.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Real Property 2