VA Bar Real Property 3 — Questions and Answers
Question 1: An easement appurtenant differs from an easement in gross in that:
- An easement appurtenant is always freely transferable regardless of how it was created
- An easement appurtenant benefits a specific parcel of land known as the dominant tenement (Correct answer)
- An easement appurtenant requires a written instrument in all circumstances
- An easement appurtenant can only be created by express grant in a deed
Correct answer: An easement appurtenant benefits a specific parcel of land known as the dominant tenement
An easement appurtenant is attached to land and benefits a dominant tenement, while an easement in gross is personal and benefits an individual rather than another parcel.
Question 2: Under the Virginia Residential Landlord and Tenant Act (VRLTA), if a landlord fails to maintain a rental unit in habitable condition, a tenant's statutory remedy includes:
- Immediately withholding all rent without prior notice to the landlord
- Terminating the lease immediately upon discovering the condition without any notice
- Providing written notice to the landlord and vacating if repairs are not made within the statutory timeframe (Correct answer)
- Suing for personal injury damages with no obligation to provide prior notice
Correct answer: Providing written notice to the landlord and vacating if repairs are not made within the statutory timeframe
The VRLTA requires a tenant to give the landlord written notice of the habitability deficiency and an opportunity to remedy it before the tenant may terminate the lease.
Question 3: Under the objective test for determining whether an item has become a fixture, courts primarily consider:
- The subjective intent of the person who installed the item
- The purchase price of the item relative to the value of the real property
- The manner of annexation and the intent as objectively manifested by the circumstances (Correct answer)
- Whether the item can be removed without any damage to either the item or the realty
Correct answer: The manner of annexation and the intent as objectively manifested by the circumstances
Courts apply an objective test looking at the method of attachment, the adaptation of the item to the property, and the objectively manifested intent of the annexing party.
Question 4: In Virginia, which of the following acts by one joint tenant will sever the joint tenancy?
- Executing a will that devises the joint tenant's share to a third party
- Granting a lease of the joint tenant's share to another person
- Conveying the joint tenant's interest to a third party by deed (Correct answer)
- Making substantial improvements to the jointly held property
Correct answer: Conveying the joint tenant's interest to a third party by deed
Conveying one's interest to a third party destroys the unities of time and title, thereby severing the joint tenancy and converting it to a tenancy in common.
Question 5: An easement by necessity is created when:
- A landowner openly uses a neighbor's property for the statutory adverse possession period
- A grantor severs land such that a portion is left without any access to a public road (Correct answer)
- Two neighboring landowners agree informally to share a private driveway
- A court grants access based on the convenience of the surrounding community
Correct answer: A grantor severs land such that a portion is left without any access to a public road
Easements by necessity arise when a common grantor conveys land in a manner that leaves a parcel completely landlocked with no access to a public road.
Question 6: The implied warranty of habitability under the VRLTA primarily applies to:
- All leases of real property in Virginia, including commercial leases
- Only leases supported by a written rental agreement
- Residential dwelling units covered by the VRLTA (Correct answer)
- Only federally subsidized or income-restricted housing units
Correct answer: Residential dwelling units covered by the VRLTA
The VRLTA's implied warranty of habitability applies to residential rental units covered by the Act and does not extend to commercial leases.
Question 7: In Virginia, which of the following is TRUE regarding tenancy by the entirety?
- It may be created between any two co-owners, not only spouses
- Either spouse may sever it unilaterally by conveying their interest alone
- A judgment creditor of only one spouse may force a sale of the property
- It protects the property from execution by a creditor of only one spouse (Correct answer)
Correct answer: It protects the property from execution by a creditor of only one spouse
Tenancy by the entirety in Virginia can only be held by spouses and shields the property from the individual debts of either spouse acting alone.
VA Bar Real Property 3
An easement appurtenant differs from an easement in gross in that: