FL Bar Real Property 2 — Questions and Answers
Question 1: Under the Florida Marketable Record Title Act, a title is marketable if it is based on a root of title at least how many years old with no defects appearing in the record after that root?
- 10 years
- 20 years
- 30 years (Correct answer)
- 40 years
Correct answer: 30 years
Florida's Marketable Record Title Act (§ 712) extinguishes claims not preserved within 30 years after a 30-year root of title.
Question 2: A landlord's implied warranty of habitability in a residential lease is breached when the landlord fails to maintain:
- Cosmetic features and appliance upgrades
- Premises in a condition fit for the intended residential use (Correct answer)
- Above-market amenities
- The tenant's personal property
Correct answer: Premises in a condition fit for the intended residential use
Florida's implied warranty of habitability (§ 83.51) requires landlords to maintain residential premises in a condition fit for human occupancy and in compliance with building and housing codes.
Question 3: A covenant running with the land at law requires which of the following elements?
- Privity of estate, intent to run, and touch and concern the land (Correct answer)
- Recording, notice, and consideration
- Delivery, acceptance, and recordation
- Adverse possession and color of title
Correct answer: Privity of estate, intent to run, and touch and concern the land
For a covenant to run with the land at law, the parties must be in privity of estate, must have intended the covenant to run, and the covenant must touch and concern the land.
Question 4: Under the Florida Condominium Act, unit owners are generally responsible for maintenance of:
- Common elements like hallways and pools
- Their individual unit from the interior surfaces inward (Correct answer)
- The roof and exterior walls
- Elevators and stairwells
Correct answer: Their individual unit from the interior surfaces inward
Under Florida Statutes § 718.113, unit owners are responsible for the maintenance of their unit from the interior surfaces inward, while the association maintains common elements.
Question 5: A fixture dispute between a mortgagee and a buyer of real property is resolved in favor of the mortgagee if the item is determined to be a fixture based on which primary test?
- The item's purchase price
- The degree of annexation, adaptation to the realty, and intent of the annexor (Correct answer)
- Whether a bill of sale exists for the item
- The seller's subjective intent at time of sale
Correct answer: The degree of annexation, adaptation to the realty, and intent of the annexor
Florida courts apply the three-part fixture test — degree of annexation, adaptation to the use of the realty, and intent of the annexor — with intent being the most important factor.
Question 6: Which doctrine permits a court to enforce a restrictive covenant against a purchaser with actual or constructive notice even when privity requirements are not met?
- Equitable servitude (Correct answer)
- Profit à prendre
- Negative easement
- License coupled with an interest
Correct answer: Equitable servitude
An equitable servitude allows equity to enforce a restrictive covenant against a successor who had notice, even without the privity of estate required for a real covenant at law.
FL Bar Real Property 2
Under the Florida Marketable Record Title Act, a title is marketable if it is based on a root of title at least how many years old with no defects appearing in the record after that root?