WV Bar Real Property 2

Question 1

In West Virginia, what is the statutory redemption period that allows a mortgagor to reclaim property after a foreclosure sale?

Accepted Answer

West Virginia does not provide a statutory redemption period after foreclosure

Answer

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?

Accepted Answer

Covenant of quiet enjoyment

Answer

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?

Accepted Answer

Vested remainder in fee simple

Answer

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:

Accepted Answer

Lives in being plus 21 years

Answer

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:

Accepted Answer

An easement appurtenant

Answer

An easement appurtenant benefits a neighboring parcel (the dominant estate) and burdens the grantor's parcel (the servient estate), and runs with the land.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Real Property 2