AL Bar Property 1 — Questions and Answers
Question 1: A grantor conveys Blackacre 'to A for life, then to B and her heirs.' B predeceases A. What happens to B's remainder interest?
- It is extinguished because B cannot outlive A
- It passes to B's heirs or devisees (Correct answer)
- It reverts to the grantor
- A takes fee simple absolute
Correct answer: It passes to B's heirs or devisees
A vested remainder is freely transferable and passes to B's heirs or devisees upon B's death because it is a property interest that existed at B's death.
Question 2: Under the recording act in Alabama, which type of statute protects a subsequent bona fide purchaser who records first?
- Race statute
- Notice statute
- Race-notice statute (Correct answer)
- Pure notice statute
Correct answer: Race-notice statute
Alabama follows a race-notice recording statute, meaning a subsequent purchaser is protected only if they take without notice AND record before the prior grantee.
Question 3: A landlord and tenant enter a one-year lease. The tenant holds over after expiration and pays rent for another month. The landlord accepts the rent. What tenancy is created?
- Tenancy at sufferance
- Month-to-month periodic tenancy (Correct answer)
- New one-year tenancy
- Tenancy at will
Correct answer: Month-to-month periodic tenancy
When a tenant holds over and the landlord accepts rent, a periodic tenancy is created; since rent was paid monthly, a month-to-month tenancy arises.
Question 4: Which of the following is required to make an effective deed conveyance in Alabama?
- Delivery and acceptance (Correct answer)
- Recording in the probate court
- Consideration paid by grantee
- Notarization and two witnesses
Correct answer: Delivery and acceptance
A valid deed conveyance requires delivery by the grantor with intent to convey and acceptance by the grantee; recording is not required for the deed to be effective between the parties.
Question 5: Adverse possession in Alabama requires open and notorious possession for how many years?
- 5 years
- 10 years (Correct answer)
- 15 years
- 20 years
Correct answer: 10 years
Alabama requires 10 years of continuous, open, notorious, hostile, and exclusive possession to establish adverse possession under the general statute.
Question 6: A testator devises 'my farm to my children who survive me.' At death, two children survive. This creates what type of co-tenancy under Alabama law?
- Joint tenancy with right of survivorship
- Tenancy in common (Correct answer)
- Tenancy by the entirety
- Community property
Correct answer: Tenancy in common
Under Alabama law, a conveyance to multiple persons is presumed to create a tenancy in common unless the deed expressly creates a joint tenancy with right of survivorship.
Question 7: A mortgage is executed in Alabama. If the mortgagor defaults, what is the lender's primary remedy?
- Strict foreclosure
- Judicial foreclosure or nonjudicial foreclosure by power of sale (Correct answer)
- Automatic title transfer to lender
- Ejectment action only
Correct answer: Judicial foreclosure or nonjudicial foreclosure by power of sale
In Alabama, lenders may foreclose by judicial action or, if authorized by the mortgage instrument, by nonjudicial foreclosure under a power of sale provision.
AL Bar Property 1
A grantor conveys Blackacre 'to A for life, then to B and her heirs.' B predeceases A.
What happens to B's remainder interest?