Themis MBE Real Property Practice Exam

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• Which statement about determining when personal property becomes real property is not part of the tests?
• Which of the following best defines an executory interest?
• Merger: After merger, which statement is true about contract obligations and the deed?
• What action does a tenant in possession use to gain possession from an ousted co-tenant and to recover damages?
• What is an appurtenant easement?
• Sale to Bona Fide Purchaser: If a written easement is not recorded against the servient estate, it is not enforceable against a bona fide purchaser.
• What are the elements required for a real covenant to run with the land in the burden direction?
• Which estate is a fee simple that will terminate upon the occurrence of a specified condition and title will pass to a third party?
• A remainder is vested when the remainderman is ascertainable and there is no condition precedent. True or false?
• Real covenant vs equitable servitude: When damages are sought to enforce a covenant, the covenant is a real covenant; when injunction is sought to enforce, it is an equitable servitude.
• Time of the essence: When is time generally not essential in a real estate contract?
• Tender of performance: If both parties fail to perform, what happens to the closing date?
• Which combination of elements is required for a deed to satisfy the Statute of Frauds?
• Which type of waste occurs through neglect or failure to preserve the property?
• Which estate is a present fee simple limited by durational language such that it terminates automatically on the happening of the condition and ownership returns to the grantor?
• When a deed is delivered to the grantee or grantee’s agent, acceptance is:
• Which statement is true about lien priority?
• An express reservation occurs when
• What is the future interest retained by the grantor when a grant is "to A for life, then to B" and A dies?
• A grant says "to A for life, then to B, but if B dies before A, to C." What is C's interest?
• Which of the following best describes an easement by express grant?
• What does the grantor retain when the grant is "to A for life"?
• A grant reads "to A and heirs so long as the land is used for farming; if not, to B." What is B's interest?
• What damages are available in a nuisance action?
• In an easement, what are the servient and dominant estates?
• Which statement best describes a tenancy at will?
• Which foreclosure method involves a judicially supervised public sale?
• Easements by prescription require continuous, actual, open, and hostile use for a statutory period, and the use need not be exclusive.
• What is a lien?
• Which statement correctly contrasts a title search with a title insurance policy?
• Remedies for unmarketable title: Before closing, which options may a buyer have for unmarketable title?
• Necessity easements generally require what condition?
• When a tenant assigns the lease for the remaining term, which statement is true about liability?
• What is the life tenant's fundamental duty regarding waste?
• Which statement best describes a periodic tenancy?
• Under a notice statute, which statement is correct?
• Express easements arise by grant or reservation and require compliance with which doctrine?
• Merger termination: Merger occurs when owner of the easement acquires fee title to the underlying land.
• Easement in gross differs from an easement appurtenant in that
• If B is not ascertainable at the time of grant, what is B's interest in "to A for life, then to B"?
• Easements are classified as appurtenant or in gross. Which is true?
• Does recording act protection extend to interests acquired by operation of law such as adverse possession or prescriptive easements?
• Which covenants are typically found in a general warranty deed?
• Duty to disclose defects: The seller has a duty to disclose known material defects that are not readily observable. What makes a defect material?
• Which type of waste involves overt conduct that decreases the property's value?
• What is the difference between a reversion and a remainder?
• What is the touch and concern requirement?
• Which estate is fully transferable during the life and is generally not devisable or descendible?
• What is the purpose of the habendum clause?
• What grounds may a landlord reasonably withhold consent to an assignment or sublease?
• Which statement about deed delivery is true?
• What is a holdover tenancy and how is it typically treated?
• Which is NOT a common method of creating an easement?
• Under notice principles, which forms of notice can qualify?
• Disability tolling affects the adverse possession period by
• Time of the essence: If time is not of the essence, what damages may the breaching party owe?
• A 'wild deed' is best described as
• Right to convey means what?
• How does a general warranty deed differ from a special warranty deed?
• Under a deed of trust, foreclosure is typically carried out nonjudicially by whom?
• Creditors with judgment liens are protected against claims that arise after the lien is recorded. Which option is correct?
• Which scenario describes detrimental reliance sufficient to enforce an oral land sale contract?
• What is described by "to A for life, then to B if B survives A"?
• Implied reciprocal servitude arises when there is a common scheme for development and buyers have what kind of notice?
• Which statement about encumbrances and marketable title is accurate?
• How is a joint tenancy severed when one co-tenant conveys to a third party?
• An easement in gross is...
• Remedies for breach: What remedy is available for breach in a land sale contract due to the land's unique nature?
• Easement by prescription requires
• Which interests are subject to the Rule Against Perpetuities?
• What is a title search?
• Which feature distinguishes a quitclaim deed from a warranty deed?
• Which feature distinguishes Joint Tenancy from Tenancy in Common?
• What is the essential element of the covenant of quiet enjoyment?
• An easement by necessity arises when
• Under the Statute of Frauds, a land sale contract must be:
• In a grant described as To A for life, but if A drinks, then B, what interest does B hold?
• Severance termination: What effect does severance have on an appurtenant easement?
• Which statement defines an easement?
• What right does a joint tenancy include that a tenancy in common does not?
• Tenancy at sufferance refers to which situation?
• Which statement best describes protection for donees/heirs/devisees under recording acts?
• In the context of enforcing an oral land sale contract, which action by the other party can lead to enforceability?
• Under estoppel by deed, if a grantor conveys before owning the land, and later acquires it, what happens?
• What is just compensation in eminent domain?
• Which life estate is measured by the life of a third person?
• Which act typically severs a joint tenancy, converting it to a tenancy in common?
• Marketable title is best described as a title that is free from what?
• For a land sale option, which statement is true?
• Estoppel: Which theory may create an easement when the servient estate owner relies on permission?
• In a lien theory state, who is the owner of the real property interest during the life of the loan?
• Which statement best describes warranty of title in a general warranty deed?
• Which remedy is typically available for constructive eviction?
• Which statement about tenancy by the entirety is true?
• Which statement best describes the implied warranty of habitability in leases?
• Which statement about delivery of a deed is correct?
• Under a notice recording statute, what must a purchaser do to prevail against prior interests?
• What is a servitude?
• Which of the following is an express grant method for creating an easement?
• Which statement about a vested remainder is correct?
• Which statement accurately describes the implied warranty of habitability in residential leases?
• Which mortgage theory permits the mortgagee to take possession immediately upon default?
• Under after-acquired property clauses in mortgages, which statement is true?
• Which statement about lien priority among liens is true?
• Constructive adverse possession arises when?
• Can government-owned land be adversely possessed?
• Equitable conversion: During pendency, who holds equitable title, who holds legal title, and who bears risk of loss, absent the seller's negligence?
• Under the Race Act (PROP), which result determines priority?
• Under the doctrine of part performance for a land sale contract, which acts may evidence the existence of the contract?
• Under BFP NOTICE (PROP), seisin implies which?
• A grant says "to A for life, then to B." If B is an ascertainable living person, what is B's interest?
• What is the Statute of Limitations for real property actions such as ejectment or quiet title, and does it vary by state?
• Which statement correctly defines a remainder?
• Earnest money as liquidated damages: When is it enforceable as liquidated damages?
• Which statement is a duty of the landlord?
• What is marketable title?
• Leases for a term longer than one year require writing under the Statute of Frauds. Which statement best reflects this?
• Which rule applies under the Notice Act?
• Under a race-notice statute, which combination of conditions must the subsequent purchaser satisfy to prevail?
• Marketable title defects: Which item would render title unmarketable?
• Which best describes a quitclaim deed?
• Which type of waste involves a change in use that increases the property's value due to neighborhood changes?
• In eminent domain, which statement best describes public use under modern interpretations?
• Which statement about negative easements (restrictive covenants) is true?
• Which of the following acts does not sever a joint tenancy?
• Covenants running with the land: Which elements are required for a real covenant to run with the land and bind successors?
• A comprehensive title search includes which items?
• A grant that says "to A so long as the land is used for farming" creates which type of fee simple estate?
• In a title theory state, what happens to the joint tenancy when a mortgage is granted?
• Which instrument is the security interest that would have the seller retain title until the final payment?
• Which best describes tenancy by the entirety?
• Which statement correctly defines a private nuisance?
• What is trespass to land and what are typical remedies?
• Tacking in adverse possession is
• In adverse possession, the possessor has no claim against preexisting future interests.
• Which of the following is NOT an essential element of adverse possession?
• Under a race recording statute, who prevails in a conflict between two purchasers?
• Under recording statutes, which party is entitled to protection?
• Under the Statute of Frauds, what is required for a deed to be valid?
• Implied warranty of fitness applies to what kind of residence, and what defects does it cover?
• Seisin refers to what?
• Which of the following describes the effect of severance on a Joint Tenancy?
• What four unities must be present to create a joint tenancy?
• Under a race-notice statute, which condition must be satisfied for a later purchaser to prevail?
• Which statement is true about automatic retention by the grantor of future interests?
• From a foreclosure perspective, how do mortgages and deeds of trust differ?
• What is the changed conditions doctrine?
• What are fixtures and what tests determine when personal property becomes real property?
• Color of title may count toward the possession period in some jurisdictions.
• Which form of eviction occurs when the landlord's breach of duty makes the premises uninhabitable and the tenant leaves?
• Under priority rules, which mortgage has priority over all earlier non-purchase-money mortgages and liens?
• Which term describes the mortgagor's right to regain clear title by paying the debt before foreclosure?
• Which of the following is NOT a form of concurrent estate?
• An easement by implication arises from
• Which statement about a land sale option is correct?
• Under intermediate title theory, when does the mortgagee gain legal title?
• What is the difference between a real covenant and an equitable servitude?
• Which statement is true regarding a bona fide purchaser (BFP) relative to a prior grantee who failed to record?
• What is the function of a title insurance policy?
• Which term describes the estate that ends when the measuring life ends?
• What is tender of performance in real property contracts?
• Which present fee simple is limited by specific conditional language and grants the grantor a right of reentry, not automatic termination?
• What remedies does a tenant have for constructive eviction?
• Rents and profits collected by a tenant in possession are allocated according to what?
• Which real property estate represents complete ownership that lasts forever and is freely alienable and devisable?
• In a typical sublease, which statement is correct regarding liability to the landlord?
• An easement appurtenant is best described as
• A tenant in possession owes duties including paying taxes on the land and interest on the mortgage. Which option correctly describes this duty?
• Under which deed category might there be a disguised mortgage if an obligation is created at or before the transfer?
• What does quiet enjoyment protect?
• What is the function of a tract index?
• What does the shelter rule accomplish?
• Which element is not required for adverse possession?
• Which statement about the statute of limitations for real property actions is most accurate?
• In a Joint Tenancy, what happens to a deceased co-tenant's interest?
• In relation to recording acts, what is a race statute?
• Color of title in adverse possession is
• Tenancy by the entirety requires marriage and includes the right of survivorship. Which statement is true?
• Under the paid-value rule for mortgages, when is a mortgagee not considered to have paid value?
• What is the difference between residential and commercial leases regarding implied warranties?