DE Bar Property Law 2

Question 1

A landowner conveys property "to my daughter for life, then to my grandson and his heirs." What interest does the grandson hold during the daughter's life?

Accepted Answer

A vested remainder in fee simple

Answer

A contingent remainder

Answer

An executory interest

Answer

A reversion

Question 2

A buyer purchases land without searching title. The seller had earlier deeded the same land to another party who never recorded. In a notice-jurisdiction like Delaware's recording framework, who prevails?

Accepted Answer

The buyer, if she took for value and without notice of the prior deed

Answer

The prior grantee, because he was first in time

Answer

The buyer, only if she records before the prior grantee

Answer

The prior grantee, because the buyer failed to search title

Question 3

A tenant with a one-year lease remains in possession after the term ends and mails a rent check, which the landlord cashes. What tenancy most likely results?

Accepted Answer

A periodic tenancy measured by the rent payment period

Answer

A new one-year term tenancy in all jurisdictions

Answer

A tenancy at will terminable without notice

Answer

A tenancy at sufferance for another full year

Question 4

A neighbor openly uses a path across another's land daily for the statutory prescriptive period, but the owner had given the neighbor written permission at the outset. Can the neighbor claim a prescriptive easement?

Accepted Answer

No, because permissive use is not hostile

Answer

Yes, because the use was open and notorious

Answer

Yes, because the use was continuous for the full period

Answer

No, because prescriptive easements require color of title

Question 5

A deed states the seller conveys "with full covenants of warranty." After closing, the buyer discovers an undisclosed mortgage recorded before the sale. Which present covenant has the seller most clearly breached?

Accepted Answer

The covenant against encumbrances

Answer

The covenant of quiet enjoyment

Answer

The covenant of further assurances

Answer

The covenant of warranty

Question 6

Two siblings hold land as joint tenants with right of survivorship. One sibling secretly conveys her interest to a friend. What is the state of title?

Accepted Answer

The friend and the remaining sibling hold as tenants in common

Answer

The friend and the remaining sibling hold as joint tenants

Answer

The conveyance is void without the other sibling's consent

Answer

The remaining sibling owns the whole upon the conveyance

Question 7

A buyer signs a contract to purchase a home, and the house burns down before closing through no one's fault. Under the majority doctrine of equitable conversion, who bears the loss?

Accepted Answer

The buyer, because equitable title passed at contract signing

Answer

The seller, because he holds legal title until closing

Answer

The parties share the loss equally

Answer

Neither, because the contract is automatically rescinded