WV Bar Real Property 3

Question 1

Under common law joint tenancy, which of the four unities must be present for a joint tenancy to exist?

Accepted Answer

Time, title, interest, and possession

Answer

Possession, intent, consideration, and duration

Answer

Time, intent, interest, and recordation

Answer

Title, possession, value, and duration

Question 2

A neighbor's fence has encroached 2 feet onto your land for 15 years. Under West Virginia law, what is the adverse possession period required to perfect title?

Accepted Answer

10 years

Answer

5 years

Answer

15 years

Answer

20 years

Question 3

A real covenant running with the land at law requires which of the following for the burden to run to successors?

Accepted Answer

Intent, horizontal privity, vertical privity, and touch and concern

Answer

Intent, vertical privity, and touch and concern

Answer

Horizontal privity only

Answer

Notice and recordation only

Question 4

Which of the following would NOT terminate an easement?

Accepted Answer

Transfer of the dominant estate to a new owner

Answer

Express release by the easement holder

Answer

Merger of dominant and servient estates in one owner

Answer

Abandonment with intent to permanently relinquish

Question 5

Under West Virginia law, which type of deed provides the most comprehensive covenants and greatest protection to the grantee?

Accepted Answer

General warranty deed

Answer

Quitclaim deed

Answer

Bargain and sale deed

Answer

Special warranty deed

Question 6

A tenant in common who pays more than her proportionate share of necessary expenses on co-owned property may seek contribution from co-tenants through which legal mechanism?

Accepted Answer

Accounting action

Answer

Partition action

Answer

Ejectment

Answer

Quiet title action

Question 7

Under the implied warranty of habitability in West Virginia residential leases, if a landlord breaches this warranty, what remedy is generally NOT available to the tenant?

Accepted Answer

Evicting the landlord from the premises

Answer

Rent withholding until repairs are made

Answer

Repair and deduct from rent

Answer

Termination of the lease