Real Property Flashcards
6 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Real Property flashcards as text
In Florida, which form of concurrent ownership is presumed between married couples and includes a right of survivorship that cannot be defeated by a unilateral conveyance?
Answer: Tenancy by the entirety
Florida's tenancy by the entirety is reserved for married couples and creates a right of survivorship that a single spouse cannot sever or convey alone.
Florida's homestead exemption protects a primary residence from forced sale by creditors, but does NOT protect against which of the following?
Answer: Purchase money mortgages and mechanic's liens
Florida's constitutional homestead exemption does not protect against purchase money mortgages, mortgages for improvements, or validly imposed mechanic's and materialman's liens.
A recording act that provides that a subsequent purchaser who records first and has no notice of a prior unrecorded conveyance prevails is called a:
Answer: Race-notice statute
A race-notice statute protects a subsequent bona fide purchaser only if they both take without notice of the prior conveyance AND record first.
Under Florida law, which type of deed provides the grantee with the greatest protection through covenants of title?
Answer: General warranty deed
A general warranty deed contains covenants — including seisin, quiet enjoyment, and warranty — that run with the land and bind the grantor as to all defects, regardless of when they arose.
Adverse possession in Florida requires possession that is actual, open, notorious, continuous, hostile, and for a statutory period of:
Answer: 7 years
Florida Statutes § 95.18 requires adverse possession for 7 years (or 7 years with color of title and payment of taxes under § 95.16).
Which interest in property grants the holder a possessory right to use another's land for a specific purpose, such as a utility corridor?
Answer: Easement in gross
An easement in gross gives a specific individual or entity (like a utility company) the right to use another's land for a defined purpose, without requiring a dominant tenement.