Real Property Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Real Property flashcards as text
A buyer has an enforceable contract to purchase land. Before closing, the seller conveys the same land to a third party who records. The buyer seeks specific performance. Under equitable conversion, the buyer:
Answer: May obtain specific performance and the third party is not a bona fide purchaser as against the buyer's equitable title
A buyer under contract holds equitable title; a subsequent purchaser with constructive notice of the contract does not qualify as a bona fide purchaser and takes subject to the buyer's equitable claim.
A tenant holds a commercial lease for five years. The landlord conveys the leased property. The tenant has not recorded the lease. Under a notice recording act, the new owner:
Answer: Takes free of the lease if the new owner had no actual or constructive notice
Under a notice recording act, a subsequent purchaser without actual or constructive notice of a prior unrecorded interest takes free of it.
A covenant to maintain a party wall will bind successors when it is found to:
Answer: Touch and concern the land and be supported by privity of estate
Real covenants run with the land at law when the parties intend to bind successors, there is privity of estate, and the covenant touches and concerns the land.
A seller conveys property with a general warranty deed. A subsequent claimant asserts a superior title through an interest created before the seller ever owned the property. The covenant that protects the buyer is:
Answer: Covenant of warranty (general warranty)
The general warranty covenant obligates the grantor to defend the grantee's title against all claims, including those arising from defects that predate the grantor's ownership.
A mortgagee forecloses and sells the property at a foreclosure sale. The sale proceeds are insufficient to satisfy the debt. The mortgagee may seek:
Answer: A deficiency judgment against the mortgagor for the remaining balance
After a foreclosure sale, a mortgagee may pursue a deficiency judgment against the mortgagor for the difference between the debt owed and the foreclosure sale proceeds.
A landlord claims a tenant has constructively evicted herself by abandoning the premises. For constructive eviction to be established, the tenant must show:
Answer: Substantial interference with use and enjoyment caused by the landlord, and actual vacation by the tenant
Constructive eviction requires that the landlord's act or omission substantially interfere with the tenant's use and enjoyment, and the tenant must actually vacate within a reasonable time.
Under the doctrine of merger, an easement is extinguished when:
Answer: The same person acquires ownership of both the dominant and servient estates
Merger extinguishes an easement when the same person comes to own both the dominant and servient estates, eliminating the need for the easement.