VT Bar VT Bar Property 1 — Questions and Answers
Question 1: In Vermont, the recording act is which type?
- Race statute
- Notice statute
- Race-notice statute (Correct answer)
- Pure race statute
Correct answer: Race-notice statute
Vermont follows a race-notice recording statute, requiring a subsequent purchaser to record first AND take without notice of prior conveyances to prevail.
Question 2: A fee simple absolute is best described as which of the following?
- An estate that terminates upon the holder's death without issue
- The most complete form of property ownership with no conditions or limitations (Correct answer)
- An estate that reverts to the grantor upon a condition subsequent
- An estate held jointly by two or more persons
Correct answer: The most complete form of property ownership with no conditions or limitations
A fee simple absolute is the most complete form of real property ownership, lasting forever with no conditions, limitations, or possibility of reversion.
Question 3: Under Vermont law, adverse possession requires possession that is open, notorious, hostile, exclusive, and continuous for how many years?
- 5 years
- 10 years
- 15 years (Correct answer)
- 20 years
Correct answer: 15 years
Vermont requires 15 years of open, notorious, hostile, exclusive, and continuous possession to establish a claim of adverse possession.
Question 4: Which type of co-tenancy includes a right of survivorship so that a deceased co-owner's interest automatically passes to the surviving co-owner?
- Tenancy in common
- Joint tenancy (Correct answer)
- Tenancy by the entirety
- Tenancy at will
Correct answer: Joint tenancy
Joint tenancy includes the right of survivorship, meaning that upon a joint tenant's death, their interest automatically vests in the surviving joint tenant(s).
Question 5: An easement appurtenant benefits which party?
- The owner of the servient estate
- The owner of the dominant estate (Correct answer)
- The public generally
- The grantor of the easement
Correct answer: The owner of the dominant estate
An easement appurtenant benefits the owner of the dominant estate and runs with that land upon transfer.
Question 6: In Vermont, which doctrine allows a court to reform a deed that fails to reflect the parties' true agreement due to mutual mistake?
- Adverse possession
- Equitable estoppel
- Reformation (Correct answer)
- Specific performance
Correct answer: Reformation
Reformation is the equitable remedy that corrects a written instrument, including a deed, to reflect the parties' actual agreement when mutual mistake caused a discrepancy.
VT Bar VT Bar Property 1
In Vermont, the recording act is which type?