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

The four unities of a joint tenancy are time (acquired at the same time), title (same instrument), interest (equal shares), and possession (equal right to possess).

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

West Virginia's adverse possession statute requires continuous adverse possession for 10 years to perfect title.

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

For a real covenant's burden to run with the land, the parties must have intended it to run, there must be horizontal privity between original covenanting parties, vertical privity between the original covenantor and successor, and the covenant must touch and concern the land.

Question 4

Which of the following would NOT terminate an easement?

Accepted Answer

Transfer of the dominant estate to a new owner

Answer

An easement appurtenant is not terminated by transfer of the dominant estate; it runs with the land and passes to the new owner automatically.

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

A general warranty deed contains six traditional covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances) covering defects from any source.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Real Property 3