FBBE Real Property Principles Questions and Answers

Question 1

A married couple purchases a home in Florida, taking title as 'husband and wife.' Several years later, the husband, facing a personal financial crisis, attempts to convey his one-half interest in the property to his brother via a quitclaim deed to shield it from his individual creditors.
The husband signs the deed, but the wife does not.
What is the status of the title after this attempted conveyance?

Accepted Answer

The husband and wife still own the property as tenants by the entirety, and the brother has no interest.

Answer

The conveyance severs the tenancy by the entirety, and the wife and the brother now own the property as tenants in common.

Answer

The conveyance is valid, and the husband's brother now owns a one-half interest, holding the property as a tenant in common with the wife.

Answer

The conveyance creates a joint tenancy with right of survivorship between the wife and the husband's brother.

Question 2

A landlord of a multi-unit apartment building in Florida fails to repair a broken central air conditioning system during a heatwave, rendering a tenant's apartment uninhabitable. The tenant provides proper written notice to the landlord detailing the issue. The landlord fails to take any action within 7 days. Under the Florida Residential Landlord and Tenant Act, what is the tenant's most appropriate remedy?

Accepted Answer

Terminate the rental agreement due to the landlord's material noncompliance.

Answer

Immediately hire a contractor to fix the entire building's system and deduct the full cost from future rent.

Answer

File a lawsuit for specific performance to compel the landlord to make the repair.

Answer

Change the locks to the apartment to prevent the landlord from entering until the repair is made.

Question 3

Which of the following is an essential requirement for a valid deed conveying an interest in real property in Florida?

Accepted Answer

The deed must be signed by the grantor in the presence of two subscribing witnesses.

Answer

The deed must be signed by the grantor in the presence of a notary public.

Answer

The deed must state the specific amount of consideration paid for the property.

Answer

The deed must be recorded in the public records of the county where the property is located.

Question 4

A developer owned a large 50-acre tract of land. She sold a 5-acre parcel located in the center of the tract to a buyer. The deed for the 5-acre parcel did not contain any language granting the buyer the right to cross the developer's remaining land to reach a public road. The 5-acre parcel has no other access. What is the buyer's best legal argument to gain access to the public road?

Accepted Answer

A common law easement by necessity has been created.

Answer

An easement by prescription has been created.

Answer

An easement in gross exists for the benefit of the buyer.

Answer

The buyer can claim title to an access strip by adverse possession.

Question 5

A Florida resident, who solely owns his home, dies leaving a will that devises his homestead property to his best friend. The resident is survived by his spouse and one 15-year-old minor child. What is the legal effect of the devise in the will?

Accepted Answer

The devise is void, and the surviving spouse receives a life estate in the homestead, with a vested remainder to the minor child.

Answer

The devise is valid, and the best friend takes the homestead property in fee simple.

Answer

The devise is valid, but the spouse and minor child can elect to take a one-half interest as tenants in common with the best friend.

Answer

The devise is void, and the property passes to the spouse and minor child as joint tenants with right of survivorship.

Question 6

A property owner conveys a parcel of land in Florida to Grantee A by deed on March 1st. Grantee A does not record the deed. On March 15th, the same property owner conveys the same parcel of land to Grantee B, who pays fair market value and has no knowledge of the prior conveyance to Grantee A. On March 20th, Grantee A records her deed. On March 25th, Grantee B records his deed. Who has superior title to the property?

Accepted Answer

Grantee B, because he was a subsequent bona fide purchaser for value without notice.

Answer

Grantee A, because she recorded her deed first.

Answer

Grantee A, because her conveyance was first in time.

Answer

The property owner, because the conflicting conveyances render both deeds void.