DE Bar Property Law 3

Question 1

A grantor conveys "to the school board so long as the land is used for a school." What interest does the grantor retain?

Accepted Answer

A possibility of reverter

Answer

A right of entry

Answer

A reversion

Answer

An executory interest

Question 2

A squatter fences and farms a two-acre corner of a fifty-acre parcel for the full statutory period, claiming no deed. How much land can the squatter acquire by adverse possession?

Accepted Answer

Only the two acres actually possessed

Answer

The entire fifty-acre parcel

Answer

Nothing, because he lacked color of title

Answer

Half the parcel, split equitably by the court

Question 3

A landlord fails to fix a broken heating system in winter despite repeated notice, making a Delaware residential apartment unlivable. The tenant vacates and stops paying rent. What doctrine best supports the tenant?

Accepted Answer

Constructive eviction

Answer

The covenant of further assurances

Answer

Retaliatory eviction

Answer

Anticipatory repudiation

Question 4

An owner of two adjacent lots sells the rear lot, which has no street access except over the retained front lot. The deed says nothing about access. What right does the buyer most likely have?

Accepted Answer

An easement implied by necessity over the front lot

Answer

No access right, because the deed is silent

Answer

A license revocable at the seller's will

Answer

A prescriptive easement effective immediately

Question 5

A mortgagor defaults, and the lender forecloses. The property sells for less than the outstanding loan balance. What is the lender's typical remedy for the shortfall?

Accepted Answer

A deficiency judgment against the borrower personally

Answer

Automatic title to other property of the borrower

Answer

Rescission of the original loan

Answer

Nothing, because foreclosure extinguishes all debt

Question 6

A developer records a declaration requiring all lots in a subdivision to be residential only. A later buyer of a lot, whose own deed omits the restriction, opens a shop. Can neighbors enforce the restriction against him?

Accepted Answer

Yes, under a common scheme with record notice of the declaration

Answer

No, because the restriction is absent from his deed

Answer

No, because covenants never bind successors

Answer

Yes, but only if he signed the declaration personally

Question 7

A wife dies owning Delaware real property in her sole name, leaving a will devising it to her sister. The deed to the sister is delivered by the executor. When did title to the realty effectively pass to the sister?

Accepted Answer

At the testator's death, subject to estate administration

Answer

Only when the executor's deed was recorded

Answer

At probate court's final decree, retroactive to filing

Answer

When the sister took physical possession