WV Bar Real Property 2 — Questions and Answers
Question 1: In West Virginia, what is the statutory redemption period that allows a mortgagor to reclaim property after a foreclosure sale?
- West Virginia does not provide a statutory redemption period after foreclosure (Correct answer)
- 6 months
- 1 year
- 2 years
Correct answer: West Virginia does not provide a statutory redemption period after foreclosure
West Virginia does not provide a post-foreclosure statutory right of redemption; the mortgagor's rights end at the foreclosure sale.
Question 2: Which of the following covenants in a general warranty deed protects the grantee against claims by third parties arising after the deed is delivered?
- Covenant of seisin
- Covenant of quiet enjoyment (Correct answer)
- Covenant against encumbrances
- Covenant of further assurances
Correct answer: Covenant of quiet enjoyment
The covenant of quiet enjoyment is a future covenant that protects the grantee against interference with possession by the grantor or third parties claiming through the grantor.
Question 3: A conveyance 'to A for life, then to B and B's heirs' gives B which type of interest?
- Vested remainder in fee simple (Correct answer)
- Contingent remainder
- Executory interest
- Reversion
Correct answer: Vested remainder in fee simple
B has a vested remainder in fee simple because B is ascertained and there is no condition precedent other than the natural end of A's life estate.
Question 4: Under the Rule Against Perpetuities, an interest must vest, if at all, within:
- 21 years
- Lives in being plus 21 years (Correct answer)
- 100 years
- A reasonable time
Correct answer: Lives in being plus 21 years
The classic Rule Against Perpetuities requires interests to vest within a life in being at creation of the interest plus 21 years.
Question 5: A property owner grants a neighbor the right to drive across her land to reach a public road. This is best described as:
- An easement appurtenant (Correct answer)
- A license
- An easement in gross
- A covenant running with the land
Correct answer: An easement appurtenant
An easement appurtenant benefits a neighboring parcel (the dominant estate) and burdens the grantor's parcel (the servient estate), and runs with the land.
Question 6: Which of the following best describes the doctrine of equitable conversion?
- Courts convert legal title to equitable title upon signing a valid contract of sale
- A court converts a fee simple to a life estate to protect creditors
- The buyer holds equitable title and the seller holds legal title after a binding contract of sale (Correct answer)
- A lender's equitable interest converts to legal title at foreclosure
Correct answer: The buyer holds equitable title and the seller holds legal title after a binding contract of sale
Under equitable conversion, once a binding contract for sale is signed, the buyer becomes the equitable owner and the seller retains bare legal title until closing.
Question 7: In West Virginia, a deed must be acknowledged before which official to be eligible for recording?
- A notary public or other officer authorized to take acknowledgments (Correct answer)
- Only a Circuit Court judge
- Only a county clerk
- Any licensed attorney
Correct answer: A notary public or other officer authorized to take acknowledgments
West Virginia law requires that a deed be acknowledged before a notary public or other authorized officer as a prerequisite for recording.
WV Bar Real Property 2
In West Virginia, what is the statutory redemption period that allows a mortgagor to reclaim property after a foreclosure sale?