WV Bar Real Property 1

Question 1

Under the common law, which future interest is retained by the grantor when conveying a fee simple determinable?

Accepted Answer

Possibility of reverter

Answer

A possibility of reverter automatically returns to the grantor when the condition in a fee simple determinable is violated.

Question 2

A deed conveying land 'to A and the heirs of her body' creates which type of estate under common law?

Accepted Answer

Fee tail

Answer

The words 'heirs of her body' at common law created a fee tail, an estate that passed to lineal descendants.

Question 3

Which of the following is NOT a requirement for adverse possession in West Virginia?

Accepted Answer

Payment of property taxes

Answer

West Virginia does not require payment of property taxes as an element of adverse possession, unlike some other states.

Question 4

Under the recording act in West Virginia, which type of act protects a subsequent purchaser who records first without notice of a prior unrecorded conveyance?

Accepted Answer

Race-notice statute

Answer

West Virginia has a race-notice recording act, protecting subsequent bona fide purchasers who both lack notice AND record first.

Question 5

A landlord leases property to a tenant for one year. The tenant remains in possession after the lease expires and pays rent for another month, which the landlord accepts. What tenancy is created?

Accepted Answer

Periodic tenancy

Answer

When a holdover tenant pays rent and the landlord accepts it, a periodic tenancy is created, with the period determined by how rent is paid.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Real Property 1