MBE Real Property Practice Test

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• Before closing on a cottage, a fire destroys the property due to a lightning strike. The jurisdiction has not adopted the Uniform Vendor and Purchaser Risk Act. If the seller seeks specific performance, may the buyer rescind the contract?
• Which statement about marketable title is true?
• Twenty-five years ago, a hunter occupied a cabin on land where the true owner later sues for quiet title. The true owner is imprisoned for 30 years and is thus afflicted by a disability at the inception of potential adverse possession. Which statement correctly reflects tolling rules in this scenario?
• What is a measuring life in a life estate?
• Which document typically creates an express easement?
• For a covenant that runs with the land to bind successors, which element is essential?
• What explains the difference between tenancy in common and tenancy by the entirety?
• A rancher subdivides a recently annexed tract into 30 two-acre lots and records a subdivision plan with a single-family restriction on each lot. After selling the first lot, the rancher leaves the remaining lots to be sold. A city later imposes a two-story height restriction that is not included in any deed or the subdivision plan. Which statement is correct regarding enforceability of the two-story restriction against the private owners who bought later?
• Claire, a grandchild born after the class of potential beneficiaries had formed, survives the life tenant. Under the Rule Against Perpetuities, does Claire have any ownership interest?
• The 'quiet enjoyment' covenant protects the grantee from what?
• In race-notice jurisdictions, what condition must a purchaser satisfy to prevail against prior unrecorded interests?
• An attorney, a sole practitioner, conveyed her historic building that housed her law practice “to my niece, but if she fails to pass the bar exam within a year of her law school graduation, to my nephew.” Which description accurately describes the property interests created?
• What is the difference between a reversion and a remainder?
• A woman and a man own adjacent farmland. The woman cultivated crops on the man's land for 30 years, and by twenty years ago the woman had covered about ten acres of the man's land with crops. The man enjoyed walking through the crops and never objected, visiting roughly once a week. The woman died and left her farm to her son, who now claims that the ten acres were acquired by adverse possession by the woman. Has she satisfied the exclusive and adverse requirements for adverse possession?
• A buyer agrees to purchase real property and wants to take title to herself and her brother as tenants in common. The buyer brings her roommate to the closing because the brother cannot attend. The roommate pretends to be the brother and signs the paperwork in the brother's name. The brother dies before closing; the brother's wife sues. Which statement is correct about the deed?
• In the driveway scenario, after the neighbor used the driveway for years based on an oral promise, the owner sells the servient estate to a couple who take title without any mention of the arrangement. When the neighbor tries to use the driveway after the sale, the couple tells her to stop. What is the effect on the neighbor's use rights?
• After default on a mortgage, before a foreclosure sale, a mortgagor arranges to pay the amount owed to redeem the property. Is the bank required to accept such an offer under the doctrine of equity of redemption?
• In the scenario where the deed to the brother is void and the original owner retains the brother's half, what remedy can the buyer pursue against the original owner to recover one-half of the purchase price?
• A brother and sister own adjacent parcels; their father split his estate and gave each sibling a parcel. The sister granted the brother an easement over her property to access the sole public road, and the easement was never recorded. Years later, the brother sells his parcel to his sister, who then resells to a stranger. The stranger seeks access over the sister's colleague's parcel to reach the public road. Does the stranger have a right to an easement across the colleague's parcel?
• A businessman mortgaged his residence for a bank loan used in his business. He later obtains a second loan from a private lender, again using the residence as security. The private loan’s note states the sole remedy on default is foreclosure. Several years later, the businessman defaults on the private loan. Can the private lender foreclose on the residence?
• Under a nonrecourse mortgage, can the lender obtain a deficiency judgment from the borrower after foreclosure?
• A restaurant owner granted an unsecured note to a supplier. The supplier demanded a deed of trust as security, and the owner signed under duress. The owner later sold the restaurant to the chef, who assumed the note. Which statement about the chef’s ability to assert the owner’s duress defense is correct?
• A life estate with a remainder to a third party ends when which event occurs?
• Under federal law, does a transfer of title to a living trust trigger acceleration of a mortgage with a due-on-sale clause?
• A nonrecourse five-year loan on a commercial building; monthly payments are interest only with a balloon payment at the end. Three years later, a hurricane damages the building; the owner does not repair or protect the property. At the five-year mark, the building's value is lower due to disrepair. Which statement describes the likely outcome?
• Which deed provides no covenants?
• Which term describes a revocable permission to use land?
• In a property transaction, a buyer obtains a termite warranty and the contract merges into the deed at closing. Can the buyer sue on the termite warranty after closing?
• Which is not a typical covenant included in a general warranty deed?
• A used car lot owner sells via a land sales contract to a dealer. The buyer discovers that the seller’s father only has a life estate and a future interest in the property. The father promises to deliver the son $25,000 if the sale proceeds. On closing, the dealer refuses to close. The contract contains an implied covenant of marketable title. Which statement is correct?
• The implied covenant of marketable title in a land sales contract requires that the seller deliver title that is marketable on the closing date unless otherwise agreed. True or false?
• A lease is for a term of one year; after expiration, the landlord accepts the tenant’s rent. What tenancy is created by the landlord’s acceptance of rent after expiration, absent a statute to the contrary?
• Which statement best contrasts tenancy in common with tenancy by the entirety?
• Three brothers own property as joint tenants with the right of survivorship. The youngest sells his interest to the oldest; the oldest dies; the middle later transfers to a nephew. Who owns the property now?
• If a structure predates mineral rights, the mining-rights owner is strictly liable for failure to provide subjacent support. True or false?
• What characterizes an easement by implication based on prior use?
• Which covenant is focused on ensuring there are no undisclosed encumbrances beyond those stated?
• Which statement accurately describes one possible regulation of a nonconforming use?
• The 'against encumbrances' covenant guarantees what?
• A buyer and seller execute a contract for sale of real property. The contract promises conveyance of marketable title subject to existing restrictions and zoning laws. The buyer later learns that the business at that location violated zoning laws, but the buyer hopes to obtain a variance. If the seller refuses to transfer title at closing, can the buyer seek specific performance?
• Under a race-notice recording statute, which statement correctly describes priority between two otherwise comparable purchasers?
• How does a deed operate differently in a sale versus a gift?
• What is the typical remedy for breach in a real estate sale contract when time is not of the essence?
• Which test is commonly used to determine whether a fixture is part of real property?
• An individual seeks to transfer a contingent remainder interest to his niece via an unsigned document describing the property and expressing intent to transfer. Does this operate to transfer the contingent remainder?
• Which statement best describes marketable title in a property sale?
• What is a key difference between title theory and lien theory states regarding mortgagee possession rights before foreclosure?
• An owner conveyed property to his son for the son's life, remainder to his daughter. The son lived on the property without paying rent; the property could have been rented for $4,000 per month. Annual property taxes were $10,000, and the son did not pay the taxes. The daughter paid them. The fair market value of the life estate was 10 percent of the fair market value of the property held in fee simple absolute. How much can the daughter recover from the son for the taxes paid?
• Which is the largest legal obstacle to a fireworks dealer recovering real property after financing from a lender with a deed transferring title to the lender?
• What does the seisin covenant in a deed guarantee?
• What determines lien priority generally when multiple liens exist?
• A life tenant depletes natural resources on the land beyond what is allowed by the life tenancy. What is this doctrine called?
• Which statement accurately describes prescriptive easement and adverse possession?
• What are the main types of deeds and their covenants?
• An investor sells property to a developer with a mortgage. The bank waives the due-on-sale clause if the developer assumes the mortgage. The developer later defaults and the developer’s personal liability is discharged in bankruptcy. May the bank sue the original investor for the note’s default?
• Which of the following can terminate an easement?
• Which transfer is typically exempt from acceleration under the federal residential real property exemption?
• The language in a deed states that the property is given for the purpose of using it to further religious education. This language is precatory and does not create a defeasible fee. This typically creates which interest?
• What is marketable title?
• A landowner retains mineral rights and later transfers the property to a corporation that builds a warehouse on the surface. The owner's son begins mining after the transfer and the mining activity causes subsidence damaging the warehouse. Can the corporation recover for the damage?
• Which statement best describes the 'right to convey' covenant?
• Which element describes a public nuisance?
• Which statement best describes the shelter rule in recording acts?
• Which type of mortgage has priority over mortgages and liens created prior to the purchaser-mortgagor's acquisition of the property to the extent the loan funds were used to acquire the property?
• What is a licence and how is it different from a lease?
• If a senior mortgage is foreclosed and a junior mortgagee did not receive notice of the foreclosure, what is the status of the junior mortgage?
• A neighbor experiences odors from a nearby industrial project that substantially and unreasonably interfere with his use and enjoyment of his farmhouse. Which doctrine provides the neighbor with the best chance for recovery?
• Which of the following is a typical covenant found in a general warranty deed?
• Which type of lien typically has priority due to property taxes?
• Under the shelter rule in recording acts, when does a grantee shelter a later grantee?
• A farmer signs a deed transferring a farm to his friend. The deed is signed and notarized and placed on a table, and the farmer dies suddenly. In a race-notice jurisdiction, did the farmer likely transfer the farm to his friend?
• What is the implied warranty of habitability, and in what type of lease is it most relevant?
• What does vertical privity refer to in covenants?
• What happens to a joint tenancy owner’s share at death?
• A speculator contracts to buy a condominium unit from the original owner by quitclaim deed; the contract omits any reference to marketability. A year later, the speculator resells to a third party who discovers a restrictive covenant that renders title unmarketable and existed at the time of purchase. The third party refuses to close. Under the doctrine of merger, can the speculator sue the original owner for breach of the covenant to deliver marketable title?
• What is the typical effect of a balloon payment in a five-year mortgage secured by real property?
• Continuous possession for the statutory period requires
• Two brothers own a pasture as joint tenants with the right of survivorship. The older brother has one child, a daughter. The younger brother is a bachelor. Together, the brothers deeded a 20 percent interest in the land to the older brother's daughter. Recently, the older brother gave his daughter an additional 10 percent interest in the land. Under a traditional joint-tenancy analysis, what are the current ownership interests in the land?
• Notice in enforcing an equitable servitude typically must be given to whom?
• What is an encroachment and what remedies may be available?
• What is a fee tail and what is its status today?
• A landlord and a tenant enter into a commercial lease. The lease provides the landlord with a right to terminate with 30 days’ notice, but omits any termination right for the tenant. Six months into the term, the tenant terminates the lease with 30 days’ notice. What is the likely result?
• Constructive eviction occurs when there is:
• What is a life estate pur autre vie?
• In a tenancy in common where two co-owners, equal shares, one pays the entire mortgage to protect her interest, what right does she acquire against the other co-owner?
• Under federal law, does a transfer of property to an ex-spouse due to divorce trigger acceleration under the due-on-sale clause?
• Easement by prescription requires which elements?
• Which doctrine provides the strongest support for the son's claim that the condo should pass under the will to him?
• For a real covenant to run with the land, which of the following elements is required between the original promisor and promisee?
• Which statement correctly describes riparian rights and prior appropriation and where they are typically found?
• Which statement correctly distinguishes fructus naturales from fructus industriales?
• A landowner donated land to a charity by quitclaim deed. The charity did not record. The owner then sold the same land by warranty deed to a woman who paid valuable consideration and did not know about the prior gift. The woman promptly recorded her warranty deed. A month later, the charity recorded its quitclaim deed. The following year, the woman conveyed the property to her son by quitclaim deed, which the son recorded. The jurisdiction has a race-notice recording statute: 'No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice, who shall first record.' Who owns the land?
• A 90-day option to purchase a ranch is granted to a buyer. The owner becomes incapacitated; a guardian is appointed. On the 90th day, the optionholder mails an exercise notice, which the guardian receives the next day. The guardian refuses to sell. If the optionholder sues to compel sale, what is the likely reason the court rules for the guardian?
• A terminally ill owner transfers property to his son via a deed and instructs a neighbor to deliver the deed after death. Who owns the property after the owner's death?
• A corporate officer buys a house with a loan financed by the corporation, which requires the officer to grant a mortgage to the corporation. After three years of timely payments, the officer sells the house to an unrelated buyer without consent. The deed states the transfer is subject to the mortgage. The buyer records. Who is liable for the loan balance when payments are not made?
• Which lien typically takes priority over others?
• Which statement best describes the timing of equity redemption and statutory redemption?
• What is the right of survivorship?
• If the grantor lacks authority to transfer title, which covenant is breached?
• What is partition?
• What future interest does the grantor hold in a fee simple subject to a condition subsequent?
• Which statement best describes fixtures in relation to real property?
• A buyer and seller entered into a land sale contract for a residential home. Time is not stated to be of the essence. The buyer informs the seller on March 10 that he will need a few extra days; on March 19 the seller refuses to deliver the deed. The buyer sues for specific performance. Will the buyer prevail?
• With the brother's deed void as to the brother and the buyer's deed valid, what is the status of the buyer's title?
• In adverse possession, 'hostility' means the possession is
• Two co-owners, a sister and a brother, own a farm as tenants in common. The brother dies, and his share passes to a cousin by will. The sister leases the farm to a third party and collects rent. The cousin sues to recover part of the rents. Who will be successful?
• In a real estate contract where time is not expressly stated to be of the essence, and a party cannot close on the specified date, will a rescission likely succeed?
• A retail store is sold to two employees as tenants in common with equal shares. There is an existing mortgage on the store. Six months later, the manager pays off the loan to protect his interest. Can the manager recover that amount from the bookkeeper's half share?
• Which of the following statements is true regarding remedies for a right of first refusal in a commercial lease under a modern property doctrine?
• Which condition is met for color of title to count toward the statutory period?
• A limited partnership purchased land with a bank loan secured by a mortgage on the land. The limited partnership later sells the land to a buyer who does not assume the loan. After the sale, the partnership defaults on the loan. In a jurisdiction that follows the lien theory of mortgages, can the bank foreclose on the land owned by the buyer?
• Under intestate succession, a woman dies, and her residence is devised to her nephew by will, but the nephew is an interested witness. The decedent’s sister is the legal heir. Who inherits the residence?
• A sole, unmarried landowner dies, leaving a life estate to her longtime companion and a remainder to the nephew. The nephew later transfers “any interest I have” to a creditor to satisfy a debt. The companion continues to reside in the residence. What is the creditor’s interest?
• In a fee simple determinable, what future interest does the grantor hold?
• What is the purpose of a title search and how does title insurance relate to it?
• Which statement best describes a lien?
• An accountant conveys land in an inter vivos transfer to a banker: 'for the life of the banker, and then to my heirs; but if none of my heirs survive the banker, then to my lawyer.' After the accountant dies, the banker is still living and the two heirs are the clerk and the doctor. What is the clerk's current interest in the land?
• A bank forecloses on a parcel of land and purchases it at foreclosure sale, then sells the land to a developer for less than the bank paid. To what extent does the bank have an interest in the land after foreclosure?
• Which statement about a prescriptive easement is correct?
• What is the effect of 'delivery' in conveying real property?
• What does it mean that a covenant runs with the land?
• If the warehouse had been constructed before the mineral rights were acquired, the mining-rights owner would be strictly liable for failure to provide subjacent support. True or false?
• Which statement about nonconforming uses best reflects their regulatory treatment across jurisdictions?
• Which element is not required for the burden to run with the land in a real covenant?
• Which statement best differentiates prescriptive easement from prescriptive entitlement to land?
• A farm with a large acreage is sold with a covenant that the buyer and the buyer's heirs must purchase all animal feed from the seller for a fair market price. When the buyer's heir stops purchasing from the seller, which defense most likely prevents the burden from running to the heir?
• Under the no conveyance rule, which statement is true?
• Which statement correctly distinguishes a vested remainder from a contingent remainder?
• A widower with a residence in fee simple executes a will providing the home to his daughter for life and then to the grandson’s children. The grandson later has more children. Under the Rule Against Perpetuities and the Rule of Convenience, who now owns the residence after all events described?
• Under a jurisdiction with a 15-year adverse possession period and a race-type recording act, which statement best describes the hostility element of adverse possession?
• At the end of a lease, if the lease is silent on tenant improvements, what is the usual rule?
• In a title theory state, which statement about possession rights when a mortgage exists is correct?
• Which statement accurately describes the difference between a fee simple absolute and a life estate with a remainder to a third party?
• A landowner transferred rights to access and remove oil from below the surface to a company. The removal causes subsidence that damages the landowner’s preexisting residence. Can the landowner recover from the company for the damage?
• Three siblings, born of the same parents, hold title to a parcel as joint tenants with right of survivorship. The youngest sells his one-third share to an investor. Later, the oldest dies, leaving a will that leaves his share to his daughter. Who currently owns the parcel and in what form?
• Two neighbors build a stone wall along their property line, with the wall situated on the woman's land at the neighbor's request to avoid reducing the man’s yard. The wall is sold with the woman's property to a buyer who later asks to tear down the wall. Can the man prevent tearing down the wall?
• An adult college student entered into a written, one-year lease of a condominium unit owned by a professor who was taking a one-year sabbatical. The lease began on September 1 and called for a yearly rent of $12,000 in monthly installments of $1,000. The student lived in the unit for four months and paid rent for each month. The student moved out in late December and has not paid rent since. In a signed note, the student transferred all of his rights under the lease for the remaining eight months to an employee of the college. The employee moved into the unit on January 1 and lived there for five months, mailing the $1,000 monthly payments for those five months to the professor. At the end of May, what is the correct characterization of the employee’s liability for rent for the remaining term?
• Which statement best describes an attachment?
• Which statement about a deed of trust is accurate?
• Which of the following is typically included in a general warranty deed?
• Which statement best describes delivery of a deed?
• Which option correctly describes who has a present interest when a deed creates a vested remainder in a son and the owner retains a life estate?
• Under the Rule Against Perpetuities, which statement describes a permissible contingent remainder?
• What does 'touch and concern' mean in covenants and servitudes?
• What is the purpose of the 'further assurances' covenant?
• If the seller conveys property with an encumbrance not addressed in the contract, what remedy does the buyer typically have? For example, if the encumbrance makes the title defective, the buyer may seek specific performance with abatement.
• Tacking allows a possessor to combine the predecessor's period of possession if there is what relation?
• If the grantor lacks title at conveyance, which covenant is breached?
• Who holds title to the building after the described chain of events where a man deeds the building to a church for the purpose of using the building to further religious education, and the church later conveys its interest to an investor for value?
• A warehouse owner leased the premises to a manufacturer for a term of one year at $60,000 total rent, payable in monthly installments of $5,000 at the beginning of each month. The lease contained no termination or extension provisions. The manufacturer paid each month on time. At the end of the year, the owner did not notify the manufacturer of termination. The manufacturer tendered $5,000 for the next month to the owner, who refused to accept. In the absence of any applicable statute, how much advance notice must the owner give before seeking eviction after the term expires?
• Two brothers own a parcel of land as joint tenants. After disagreement, the older brother files a partition action. Should the court partition the property?
• What does a recording act primarily determine in real property transactions?
• Which covenant in a lease case involving a gym that touches and concerns the land runs with the land and binds successors?
• Under the Rule Against Perpetuities, if a future interest does not vest within the permitted period, the interest is
• What defines an easement by necessity?
• Under a general recording act, which principle typically governs priority of conflicting land interests when there is no applicable statute defining priority?
• If a decedent dies with no will and no intestate heirs to a residence, what happens to the residence?
• Under a recording statute with no conveyance or mortgage good against subsequent purchasers unless recorded, who has priority when a creditor records a judgment lien after a land sales contract but before closing and the owner deeds to the purchaser and the purchaser records?
• A life estate ends upon what event?
• What is a prescriptive easement?
• Under a race-notice system, after a chain of transfers where a chef failed to record a deed to the culinary school, the owner later conveys to a fast-food chain that records, who has superior title against a later purchaser?
• When a contracting party dies before performance, who can compel transfer of real property?
• Which statement best describes nuisance and the difference between private and public nuisance?
• Which statement about a right-of-first-refusal provision is correct under the Statute of Frauds and general reasonableness standards?
• Which statement best distinguishes joint tenancy from tenancy in common?
• Under a no-grace-period recording statute, which statement is correct about a judgment creditor who has a judgment lien against property and there is an unrecorded transfer of the property?
• Who will prevail when a mother records a deed conveying a vacation cabin to her daughter, daughter dies before the reunion, and the daughter’s will leaves the cabin to a best friend?
• An express easement by deed allowed a 30-foot wide strip across a property for access. The servient owner later objects to expanded use beyond the express terms of the easement. Can expansion of use terminate the express easement?
• Do the heirs have the right to harvest the wild berries that grew on the widow's land after her death?
• How is an express easement created?
• Which instrument typically uses judicial foreclosure?
• Which factor is NOT considered in the MARIA test for determining fixture status?
• An owner conveys land to the accountant in fee simple subject to a right of reentry. After the owner's death, who may challenge the property taxes assessed against the parcel?
• What is the basic time limit of the Rule Against Perpetuities (RAP)?
• How long does a properly filed judgment lien last under the described statute?
• What is partition in property law?
• Under an installment land contract treated as a mortgage in a lien theory state, what is the effect of a buyer default after seven years?
• A professor gifts rental property to her daughter and then sells the property. The professor fraudulently states that her daughter is managing the property. The buyer records after the daughter's donative deed, but the daughter records before the buyer. The jurisdiction follows a race-notice recording statute. Which statement is correct?
• Which is a valid method to terminate an express easement?
• What are the four unities required for a joint tenancy?
• Easements by necessity are generally enforceable even if not recorded, provided what condition exists?
• A covenant to maintain a stone retaining wall between two adjacent parcels was created in 1959 and later abandoned when owners dismantled the wall. How is the covenant terminated?
• Under a seller's duty to disclose latent defects in a residential sale, if the seller is unaware of a latent defect such as black mold, is he liable for failing to disclose?
• If a user occupies land seeking to establish a prescriptive easement, but the use was permissive, what is true regarding the prescriptive claim?
• A bank holds a mortgage on land to secure a nonrecourse loan to a partnership. After the partnership defaults, may the bank foreclose on its mortgage?
• Under a race-type recording act, which party typically has priority when two incompatible claims are recorded at different times?
• A due-on-sale clause in a loan secured by a home mortgage is generally:
• Exclusive possession in adverse possession means the possessor
• A painter and a dentist own adjacent parcels. The dentist demolishes a building to construct a taller office structure that will cast a shadow over the painter’s front-room class, reducing attendance. Can the painter recover damages or obtain an injunction for a private nuisance?
• Immediately before the niece's death, who held a vested remainder in the widow's residence?
• Can the holder of a right of reentry transfer that right inter vivos during the holder’s life in most states?
• An individual obtains a loan from a bank to purchase a house and gives the bank a mortgage on the house. The mortgage is not recorded. Three years later, the individual sells the house to a third party, who then obtains a new loan from the bank with the same terms and the bank agrees to release the individual’s obligations. Five years later, the borrower fails to pay and the bank sues the individual for the unpaid balance. Which statement is correct?
• A business owner executed a nonnegotiable promissory note and granted a mortgage on his condominium. The bank assigned its interest in the note via a separate document that mentions the note but not the mortgage. What is the effect on ownership of the mortgage?
• A man owned a 25-acre tract. He conveyed 20 acres to a developer by warranty deed, while retaining the five acres. The deed to the 20-acre tract stated: 'It is a condition of this deed that all owners, their heirs and assigns, of any portion of the 20-acre tract shall use the land for single-family residences only.' The developer subdivided and sold 20 lots with single-family homes. A woman bought one lot and intends to build an addition and rent it to college students. A neighbor complained; what is the correct principle?
• In a nonrecourse loan scenario, can the bank pursue the borrowers’ personal liability in the event of default?
• Which statement best describes a fee simple subject to an executory interest?
• Prescriptive entitlement to land results in ownership via adverse possession. True or False?
• A widow executes a will leaving her house to her son and the residuary estate to her daughter. The house is subject to a purchase-money mortgage. The son demands that the personal representative pay off the mortgage from the residuary estate. The will contains a general provision for payment of debts but no specific provision authorizing payment of the mortgage. Should the personal representative accede to the son’s demand under the common-law doctrine of exoneration of liens?
• Open and notorious use in adverse possession means the use is
• Who owns the six acres of undeveloped land devised to a brother and sister as joint tenants with the right of survivorship, where the brother dies and leaves his interest to a friend and the sister dies intestate?
• Which element is essential for a deed to be valid?
• What distinguishes a defeasible fee from a fee simple absolute?
• Prior appropriation is typically associated with which region?
• A mortgage contains a due on encumbrance clause. If the mortgagor obtains a second mortgage without the first bank's permission, what can the first bank do?
• Is consideration required in a deed or may a deed be gratuitous?
• Which statement best describes nuisance with respect to who it affects?
• If a property owner and a neighbor have a wall installed on the neighbor's property that becomes part of the property when sold, can the neighbor tear down the wall after purchase of the land?
• What distinguishes easement by implication from easement by necessity?
• Anticipating the death of her mother, a terminally ill widow, the widow’s only child represented himself as owner of the widow’s residence to a couple. The couple paid $200,000 for the residence and promptly recorded their warranty deed. The mother died one week later, and the residence passed to the son by her will. The son then moved into the residence and offered to return the $200,000 to the couple. The recording act provides: 'No conveyance shall be good against subsequent purchasers for value without notice, who shall first record.' Under estoppel by deed, which statement is correct?
• In the subdivision and common scheme scenario, the rancher did not manifest an intent to bind the remaining lots to a private restriction at the time of the first sale. What is the effect on the 28 remaining lots?
• Estoppel by deed prevents a grantor who, after signing a deed transferring property the grantor did not yet own, from denying title when the grantor later acquires ownership. What is the effect on the grantee's title?
• In a will, what happens when a beneficiary predeceases the testator?
• Under takings doctrine, regulatory taking occurs when government regulation deprives land of all economically viable use. What is typically required?
• Which of the following is NOT an element typically required for adverse possession to run against the record owner?
• Equitable servitudes are enforceable against successors when they touch and concern the land and there is notice.
• A couple default on both a first mortgage with a bank and a second mortgage with a savings and loan association (S&L). They deed the property to the bank in lieu of foreclosure. What is the effect on the S&L's mortgage?
• Under the doctrine of attornment, which covenant in a gym lease case runs with the land and remains enforceable against the tenant after the landlord transfers the lease to a third party?
• In a race-notice system, what describes a wild deed?
• A purse maker enters into a contract to purchase a store with a closing date that cannot be delayed. The store would violate a zoning ordinance due to an outdated fire sprinkler system. The owner promises to upgrade but not by the closing date. The contract implies marketable title. What is the effect on closing?
• A bank holds a mortgage on property bought by a widower who later transfers the property to his daughter. The mortgage is recorded before the widower’s transfer. When the loan goes into default, may the bank foreclose?