Prop 2022

0 conveys Blackacre "to A for life, then to B for life, then to B's first child to reach 25." 0, A, B, C and Dare living at the time of the grant. C and Dare B's children, ages 15 and 21, respectively 35. After applying the Rule Against Perpetuities, what is the state of the title? a. All interests are valid; the answer I gave in question 34 still applies. b. 0 has a reversion, A has a life estate, and B has a life estate. c. 0 has a reversion, A has a life estate, and B has a remainder for life. d. 0 has a reversion and A has a life estate. e. 0 owns Blackacre in fee simple.

C

0 conveys the Laughing Cow Farm "to A and his heirs as long as it is used as a farm, then to Band his heirs." 29. After applying the Rule Against Perpetuities: a. A has a fee simple determinable, 0 has nothing and B has an executory interest. b. A has a fee simple determinable, 0 has a reversion and B has a remainder. c. A has a fee simple determinable, 0 has a possibility of reverter and B has nothing. d. A has nothing, 0 has nothing and B has a fee simple absolute. e. None of the above.

C

1. George is the proud owner of a 1997 Ferrari. While George is partying at the Prime Choice Lounge one evening, Joe steals George's car from the parking lot. George dies intestate without heirs while inside the Lounge and thus never learns of the theft. The next day, Tom steals the car from Joe's driveway. Who has the best claim to the car? a. Joe b. Tom c. the State in which George was resident at the time of his death d. none of the above.

C

12. On January 1, 2014, Donald leased Blackacre to Mickey for a term of twenty-five years. In 2015 Mickey executed a document transferring the lease to Goofy for a term of fifteen years. If Goofy fails to make rent payments, which of the following remedies will definitely be available to Donald? I. Sue Mickey for rent. II. Sue Goofy for rent. III. Evict Goofy A. I. only. B. II. only. C. I. and III. D. II. and III. E. I., II., and III.

C

0 conveys Blackacre "to A for life, then to B for life, then to B's first child to reach 25." 0, A, B, C and Dare living at the time of the grant. C and Dare B's children, ages 15 and 21, respectively. 34. Before applying the Rule Against Perpetuities, what is the state of the title? a. 0 has a reversion, A has a life estate, B has a life estate and B's first child has a contingent remainder. b. 0 has a reversion, A has a life estate, B has a life estate and B's first child has an executory interest. c. 0 has a reversion, A has a life estate, B has a remainder for life, and B's first child has an executory interest. d. 0 has a reversion, A has a life estate, B has a remainder for life, and B's first child has a contingent remainder.

D

1. In 2013, Tom conveyed Blackacre "to Calvin and his heirs.'' In 2014, Calvin conveyed Blackacre "to Jennifer." In 2015, Calvin died in testate, leaving Denise as his sole heir in January, 2016, Jennifer died, leaving all ,[her] property, real and personal, wherever located, to [her] daughter, Pearl." Who owns Blackacre? A. : Denise; because Calvin's conveyance to Jennifer lacked the words of inheritance necessary to create a fee simple estate. B. Denise, because Tom also mad;~ a class gift to Calvin's heirs when he made the original conveyance of Blackacre to Calvin.' C. Tom. · D. Pearl. · E. Both A. a:nd B. are correct statements.

D

5. Beth Jones owns a tract of land in Autauga County, Alabama. She executes an instrument conveying the land "to Beth Jones and Sarah Smith as joint tenants." Which answer best describes the state of the title? a. Beth and Sarah are joint tenants with right of survivorship. b. Beth and Sarah each have a life estate followed by an indestructible contingent remainder. c. Beth and Sarah are tenants in common because the unities of time and title are not present. d. Beth and Sarah are tenants in common because of the way the deed was drafted. e. c. and d

D

2. Grandpa devised Blackacre "to Cam for life, then to Marcel." Cam constructed an apartment building on the property, which greatly increased its value. He now wants to sell a fee simple interest in the property to a real estate company. Marcel is refusing to go along with the sale. Can Cam get a court to force the sale of Marcel's interest? A. No, unless Marcel lacks legal capacity to sell the property. B. Yes, if it would be in Marcel's best interest to sell. C. No; however, in most U.S. jurisdictions Marcel's interest may be forfeited if Cam ameliorates the value of the property to a significant' extent and Marcel won't cooperate. D. Yes. As a co-tenant, Cam is absolutely entitled to have the property partitioned. The most probable form of partition in this case would be by sale of the property.

A

21. In 2000, Bill conveyed Blackacre "to Becky for life." In 2006, Bill died, devising all his real property to Catherine and Will. In 2008, Becky conveyed "all my right, title and interest in Blackacre to Mary and her heirs." Last week, Becky died, leaving all her real property to Steve. Who owns Blackacre? A. Catherine and Will B. Mary C. Steve D. Bill's heirs E. Becky's heirs

A

25. Prince conveys Blackacre "to Teena, but if the property shall cease to be used as a recording studio, then Grantor shall have the right to re-enter." What is the state of the title? A. Teena has a fee simple on condition subsequent, and Prince has a right of entry. B. Teena has a fee simple determinable, and Prince has a possibility of reverter. C. Teena has a fee simple on executory limitation, and Prince has an executory interest. - D. Teena owns Blackacre in fee simple.

A

26. Which of the following conveyances is most likely to be enforced as written? A. Oscar conveys Blackacre "to Eleanor for life, but if Eleanor transfers the property, Oscar shall have the right to re-enter." B. Oscar conveys Blackacre "to John so long as John does not sell the property." C. Oscar conveys Blackacre "to Susan; provided, however, any attempted sale of the property shall be null and void." D. Oscar conveys Blackacre "to Terence. Terence promises never to sell the property."

A

3. Paula, 21, has a life estate in Blackacre and Roscoe, 25, owns a remainder in fee simple in Blackacre. The Waffle House Corporation wants to open a restaurant on Blackacre and has offered $250,000 for the property. Citing his objection to restaurants that sell foods that are high in fat and surround their patrons with second-hand smoke, Roscoe refuses to consent to the sale, even though a recent appraisal valued the property at only $75,000. In most jurisdictions, Paula may: a. sell Waffle House a life estate pur autre vie, assuming she is competent. b. go to court to force a sale of the property, assuming she and Roscoe are both competent. c. go to court to have the property partitioned in kind, assuming she and Roscoe are both competent. d. b. and c. e. a., b. and c

A

31. Dick conveys Blackacre "to Ruth for life, then to my children for their respective lives, then to my grandchildren." Which of the following statements is correct? A. Dick's children's interest is valid. B. Dick's grandchildren's interest is valid. C. If the USRAP applied, it would exempt donative transfers like this from scrutiny under the RAP. D. A. and B. E. A., B. and C.

A

0 conveys to A for life with the remainder to B's children living at A's death. When A dies, B has three children, K, L and M. a. Under modem law, the children would be tenants in common. b. The children are joint tenants because the conveyance was made to all three in the same instrument. c. M can only sell her interest to K or L. d. If L attempted to bequeath his interest to Catholic Charities, the bequest would be void.

A

16. Pete signed a two-year lease for a commercial building he intended to use as a pawn shop. A little more than two months before the lease was set to expire, Pete moved out without paying rent for the last two months. Which of the following remedies are available to Pete's landlord, Larry? I. Assuming Larry has no duty to mitigate damages, Larry can sue Pete for November and December rent. II. Larry can hold Pete to an additional two-year term. III. Larry can evict Pete. · A. I. only. B. I. and II C. II. and III. D. I. and III. E. I., II, and III.

A

39. In 2009, for valuable consideration, Fred granted Wilma an appurtenant right of way easement across Blackacre. Wilma has never used the easement. (She apparently prefers to use another means of ingress and egress to her property.) Last week, Fred built a brick wall blocking the easement. Wilma has objected and threatened to file suit. What is the likely result of a lawsuit by Wilma? A. Based on the facts provided, Wilma still owns the easement and should be able to force Fred to remove the wall. B. Wilma has abandoned the easement. C. Fred can avoid Wilma's claim by selling the property to a third party and then buying it back; since he and Wilma are not in horizontal privity of estate, the easement will not run with the land. D. A. and C.

A

41. In 1996, Abigail became the record owner of Blackacre. In 2000, Ricardo began occupying Blackacre without Abigail's permission. In 2004, Abigail sold Blackacre to Desmond. In 2008, Ricardo quitclaimed his interest in Blackacre to Alfonso. In 2012, Desmond sold Blackacre to Eugene. Assuming for purposes of this question only that the jurisdiction's adverse possession period is 20 years and that the requirements for adverse possession are otherwise met, when might Alfonso's adverse possession claim ripen into title? A. 2020 B. 2024 C. 2028 D. 2032

A

43. Assuming the government pays the affected landowner no compensation, which of the following is most likely to constitute an unlawful taking under the Fifth Amendment of the U.S. Constitution? A. An environmental regulation that deprives a beachfront owner of all economically viable use of his property. B. A regulation requiring landlords to buy and install cable television lines and boxes for the benefit of their tenants, the lines and boxes to be owned by the landlords. C. A government order to close a brickyard entirely because of its effects on nearby property. D. A zoning commission's refusal to permit a building owner to put her property to its highest and best use.

A

Bob Byer has entered into a valid contract to purchase a home from Sam Seller. Assuming the contract is silent as to each case described below, in which of the cases is Bob least likely to be entitled to rescind the contract prior to closing? a. Bob discovers the property is subject to a zoning ordinance. b. Bob discovers the property is subject to restrictive covenants. c. Bob discovers that the property is subject to an easement in favor of the local electric company permitting electrical wires to be strung between the street and the house; Bob will use the house as his primary residence and the wires are obvious to any observer. d. · Bob learns that a WalMart Supercenter will be built one block away from the house. When Bob asked Sam if he knew of the planned WalMart at the time of the contract, Sam replied, "Yes, but you didn't ask."

A

Charles deeds Blackacre "to Nat and his heirs." Nat executes a will devising all his real property to John, his only heir apparent. Before his death, Nat gives Blackacre to Martha by general warranty deed. Nat then dies, leaving John as his only heir. What is the state of the title? a. Martha owns Blackacre. b. John and Martha are cotenants in Blackacre because the deed was made "to Nat and his heirs." c. John owns Blackacre because Nat's will gave him an interest prior to Martha's. d. John owns Blackacre since Martha paid no consideration

A

In 1995, Diane gave Blackacre to Becky as a birthday present. Becky failed to record her deed but immediately built a new home on the property and moved in. In 1997, Diane inadvertently sold Blackacre to Joe Developer, who immediately recorded his deed. In a jurisdiction with a race-notice recording statute, who owns Blackacre? a. Becky. b. Joe. c. Diane.

A

Moe, Larry and Curly own Blackacre as tenants in common. Moe wants to sell Blackacre to Tiger, who intends to develop it as a golf course. Despite the high price Tiger is offering, Larry and Curly are not interested. What is the likely result of an action by Moe to compel the sale of the property? A. The court will either compel a sale of the property or divide Blackacre into three separate pieces- one each for Moe, Larry and Curly. B. The court will not intervene, since Moe, Larry and Curly are adult, competent and ascertainable. C. Some courts will intervene if Moe can show that the sale of the property is in the best interests of all the parties. D. B. and C.

A

10. In. 2002, Jack inherited Blackacre, a large country estate, from his grandfather. Blackacre abutted Grand Boulevard, a prestigious road just outside of Tuscaboga, to the south, and Forest Road to the north. Other landowners owned large estates that abutted Blackacre to the east and west. In 2008, Jack sold all his frontage along Forest Road to Susan, still retaining most of the original parcel. Jack continued to drive across Susan's property to reach Forest Road, and Susan never objected to his doing so. In 2012, Jack sold half of the Grand Boulevard frontage to Ted, although he retained the frontage that included the beautiful winding driveway that led from Grand Boulevard to his home. In 2015, Joe offered Jack $1 million for the remaining Grand Boulevard frontage, an offer Jack simply couldn't refuse. Joe immediately built an upscale residential subdivision in Jack's former front yard, removing much of the old winding driveway in the process, with the result that Jack has been reaching his property from Forest Road (i.e., across Susan's land) since that time. Last week, Susan blocked the road across her property. Jack's strongest claim for an easement by necessity is against: A. Susan B. Joe C. Ted D. One of his other neighbors.

B

15. Jon agreed to lease his house to Dan at a monthly rental of $500, effective January l, 2016. No mention was made as to the term of the lease. Dan faithfully wrote Jon a $500 check on January 1, 2016, February 1, .2016, and March 1, 2016. On March 31, 2016, Dan moved out without having given Jon any notice. Which statement best describes Jon's legal rights against Dan? A. Jon has no rights against Dan. Because the lease expired on March 31, 2016, Dan was entitled to move out. B. Dan's failure to pay rent in April amounted to a breach of the lease. C. Jon has no rights against Dan because the lease was unenforceable due to its failure to include a critical provision. D. Jon has no rights against Dan because Dan was entitled to terminate the lease without notice.

B

19. Bob and Betty Byars recently contracted to purchase a home. Assuming the contract is otherwise silent, under which circumstances are they most likely to be legally entitled not to complete the purchase? A. Bob and Betty were unable to obtain financing for the house. B. The home is subject to restrictive covenants. C. The home is subject to undisclosed zoning restrictions. D. The home does not conform to the local building code in several important respects. E. A. and B

B

20. Jane Smith wants to sell her home in Birmingham, Alabama. Which of the following items must she affirmatively disclose to potential buyers? A. The plumbing in the .house doesn't work well, as indicated by a constant and overpowering smell emanating from the downstairs bathroom through the entire house. B. The house is served by a well rather than by city water; during the past year, several family members have been sickened by organisms that, in physicians' opinions, originate in the well. C. There is a boulder-sized hole in the roof; sunlight can be seen from the middle of the living room. D. Home prices in the neighborhood have trended down for the past two years. E. All of the above.

B

3. Nick's is a local restaurant with no connection to Alabama head football coach Nick Saban. As part of its recent advertising campaign, Nick's has erected billboards all over Tuscaloosa with Coach Saban's picture on them. (The restaurant owner took the picture at a local event.) Coach Saban is unhappy and has asked you to represent him in his action against Nick's. He will be -in your office in fifteen minutes and is expecting you to provide advice that will "put [him] in a position to dominate [his] opponent." Assume there are four books are on your library shelf with the titles listed below. Which one should you consult?. A. Principles of Patent Law B. The Right of Publicity C. The Law of Copyright D. Trademark Law

B

36. Jim and Christine own adjoining parcels in Elmore County, Narnia. Each year Jim spends thousands of dollars releasing farm-bred game birds onto his land with the intention of improving his hunting prospects. Jim is a bad shot and thus kills few birds, but each year Christine and her friends kill a large number of birds. Although Jim knows Christine and her friends are not trespassers, he nevertheless suspects that many of these birds are ones that he has bought and released on his property. Each year Jim asks Christine to help pay for the birds, but she refuses. Assuming the rule of capture governs this dispute, what advice would you give Jim? A. Place tags on the birds before release so that they can be identified as belonging to Jim after they are shot. B. Take shooting lessons. C. Seek a court order enjoining Christine and her friends from hunting more often than Jim does. D. Seek a court order enjoining Christine and her friends from killing more birds than Jim does

B

37. Richard took possession of Blackacre, which is owned of record by Thomas. Several months later, while Richard was on vacation, Judy moved into Richard's home on Blackacre. When Richard returned, Judy refused to leave. Which of the following statements is correct? A. Only Thomas can evict Judy; therefore, Richard has no right to return to Blackacre. B. Judy cannot defend her wrongful possession on the basis of Richard's lack of record title. C. Thomas can evict Richard, but only Richard can evict Judy. D. Richard's vacation amounted to an abandonment of Blackacre.

B

40. George is now in wrongful possession of Blackacre. Jane was in wrongful possession of Blackacre prior to George. George will be able to add the time of Jane's possession of Blackacre to his own time of possession for purposes of an adverse possession claim if: A. Jane abandoned Blackacre and George took over within a reasonable time. B. George paid Jane $1000 to let him take over Blackacre. C. A. or B. D. Neither A. nor B.

B

49. Faith leased Country Acres to Clint for a term beginning January 1, 2013 and ending December 31, 2022. Rent is $1000 per month. The lease requires Faith's consent to any transfer of the lease. On January 1, 2015, Clint transfers the lease, with Faith's consent, to Travis. Travis executes an instrument titled "Transfer of Lease" in which he agrees to take over the lease for a period beginning January 1, 2015 and ending December 31, 2020. Travis also promises to pay the $1000 rent to Clint on the first day of each month. On March 1, 2016, Travis defaults on the rent payment. Which of the following statements is true? A. Faith's consent amounted to a release of Clint's rent obligations, at least for that portion of the lease transferred to Travis. B. Faith can sue Travis for rent on a third-party beneficiary theory in some jurisdictions. C. In most jurisdictions, Faith cannot sue Travis for rent because the covenant to pay rent does not touch and concern the land. D. All of the above

B

7. Larry Landlord wanted to rent out the basement of his home and placed the following advertisement in a local newspaper: "Basement apartment for rent in private home. $500 per month. Call 867-5309." James Jordan, an African-American, attempted to rent the apartment but Larry refused because of Jordan's race. Which of the following statements is correct? A. Larry has violated the Fair Housing Act, which forbids discrimination on account of race in the sale or leasing of residential housing. B. Larry has not violated the Fair Housing Act. C. Larry could have refused to rent to James without liability under the Fair Housing Act, but because he made the discriminatory refusal after advertising the property publicly, his actions :violated the Fair Housing Act.

B

Anne and Bill own adjoining farmland in Shelby County. Expansion in the Birmingham area leads them to believe that their farmland will be more valuable as residential property, particularly if they cooperate with each other in developing it. To this end, they each execute a written instrument providing that their respective properties will be used "for single family residential purposes only" and specifying that the promise is made for the benefit of each other's property and is intended to run with the land. The instrument is duly recorded and purports to bind their heirs and assigns. Bill leases his farm to George, a real estate developer, for 99 years. If George violates the restrictions, Anne can: a. Obtain damages from George b. Obtain an injunction against George c. Obtain neither and injunction nor damages against George because there is no privity between Anne and Bill. d. a. and b.

B

Fairfield Fann was the dominant estate for an easement, recorded in J 921, permitting the / {:;J owner to draw water from a spring on neighboring property, JWM Farm. Dreamworld Developments was assembling property for an "American Heritage" theme park. Dreamworld bought Fairfield Farm in January, 1995 and JWM Farm in April, 1995. Both properties lay idle while Dreamworld pursued its plans. Because of intense opposition, however, Dreamworld abandoned its plans for the theme park and began to sell its property in 1996. Hilltop Industries bought JWM Farm in October, 1996, in order to bottle and sell the spring water throughout the United States. In February, 1997, Wayne bought Fairfield Farm to use for breeding thoroughbred horses and attempted to use the old easement for water. Hilltop refused Wayne. In a suit to quiet title respecting the easement: a. Wayne would win because his easement was implied from prior use. b. Hilltop would win because the easement was terminated when title merged in Dreamworld. c. Wayne would win because the easement had been recorded. d. Hilltop would win because Hilltop bought its property first

B

On January 1, 2012, Donald leased Blackacre to Mickey for a term of twenty-five years. The lease is silent on the subject of assignment, subleasing, etc. Which of the following facts would be of the most help to Donald in getting an injunction prohibiting Mickey's transfer of the lease to Goofy? A. Mickey will retain a one-year reversion following transfer of the lease to Goofy. B. Goofy proposes to change the lease of the property to a golf course; the lease between Donald and Mickey specifies that the property is to be used as a theme park. C. Donald's credit is better than Goofy's. D. The business Goofy intends to operate on the premises will compete with one of Donald's businesses on adjacent property

B

Scott, who has made millions as a computer engineer, decided to retire at age 30 and pursue his dream of opening a blues club. He executed a lease for an old two-story house downtown which was being used as a law office. The attorney's lease was due to expire August 31, and she had notified the landlord that she would vacate the premises by then. The commencement date of Scott's lease was September 1. On August 31, the attorney called the landlord and explained that she had had a trial date moved up and that she just could not leave before October 10. The landlord did not notify Scott or take any immediate action against the attorney. Who is responsible for removing the attorney? a. The attorney may remain on the premises because she became a tenant at sufferance after she called the landlord. b. In most jurisdictions, the landlord is responsible for removing a holdover tenant. c. Once the lease is signed, Scott and the landlord must act jointly. d. Either the landlord or Scott can remove the tenant, but only after thirty days' notice.

B

Tracie agrees to use Jimmy's house on Dauphin Island for the first two weeks of August and pay him $400 per week. 24. At the end of the first week, Tracie and her family are forced to evacuate because of Hurricane Bernie, which levels Jimmy's house. Under the traditional common law rule: a. Tracie does not owe Jimmy $400 because her family was unable to use the house. b. Tracie owes Jimmy the full $800 because her obligation to pay rent does not cease with the destruction of the house. c. Tracy must rebuild the house if was destroyed during her tenancy. d. a. and c. e. b. and c

B

13. On February 1, 2016, Kim conveyed Blackacre "to Bob, Carol, Ted and Alice as joint tenants with right of survivorship." On March 1, 2016, Carol conveyed her interest in Blackacre to Fred. On April 1, 2016, Alice died intestate, leaving Randy as her sole heir. What is the state of the title? A. Blackacre is owned by Fred, Bob and Ted as tenants-in-common; Fred has a 25% interest, while Bob and Ted each have a 37-1/2% interest. B. Blackacre is owned by Fred, Bob, Ted and Randy as tenants-in-common; each cotenant owns a 25% interest. C. Blackacre is owned 25% by Fred as tenant-in-common with Bob and Ted, who own their 75% interest in Blackacre as joint tenants with right of survivorship. D. Blackacre is owned 25% by Fred as tenant-in-common with Bob, Ted and Randy, who own their 75% interest in Blackacre as joint tenants with right of survivorship. E. Blackacre is owned 50% by Fred as tenant-in-common with Bob and Ted, who own their 50% interest in Blackacre as joint tenants with right of survivorship.

C

14. Jeanne inherited Blackacre, which had a coal mine on it. Jeanne granted Sarah an exclusive easement to mine the coal on Blackacre. Sarah in tum granted licenses to John and Wesley to mine coal on Blackacre. Which of the following statements is true? A. Easements in gross are always freely divisible; John and Wesley's licenses are valid. B. An attempt by Jeanne to draft the easement in such a way that Sarah could not subdivide it would be an unlawful restraint on alienation; John and Wesley's licenses are valid. C. The licenses are valid as long as they are consistent with the intent of Jeanne and Sarah. D. A. and B

C

17. David was trespassing on Joan's land when he killed a fox. David took the pelt home, but, unbeknownst to David the pelt was later removed from David's home by David's dinner guest, Jonathan. Who has the best claim to the fox pelt? A. David, because he killed the fox, which was previously unowned. B. Joan, because a landowner owns the wild animals on her land. C. Joan, because although David was the first to possess the fox, he was trespassing. D. Jonathan, because no one else has good title to the pelt, and Jonathan has possession

C

27. In which of the following cases is a US court following majority rules most likely to find that Joe has committed waste? A. Joe inherited a life estate in Blackacre, a tree farm, and Veronica inherited a remainder. Joe cuts trees on the property and does not give Veronica any of the proceeds. B. Joe inherited a life estate in Blackacre, and Veronica inherited a remainder. Joe tears down the family homestead and builds a small strip shopping center. The property value increases. C. Joe inherited a life estate in Blackacre, and Veronica inherited a remainder. Joe opens a new gold mine on the property using good mining practices and removes gold without giving Veronica any of the proceeds. D. Joe inherited a life estate in Blackacre, and Veronica inherited a remainder. Veronica wants to sell Blackacre to a developer, who wants to put a shopping center on the property. The developer is willing to pay more than the property's appraised value. Joe refuses.

C

28. Paris conveys Blackacre "to Lindsey for life, then to Nicole and her heirs if Nicole survives Lindsey, and if Nicole does not survive Lindsey, then to Cameron." What is the state of the title? A. Lindsey has a life estate, and Paris has a reversion. B. Lindsey has a life estate, Nicole has a contingent remainder for life, Cameron has an executory interest, and Paris has a reversion. C. Lindsey has a life estate, Nicole has a contingent remainder in fee simple, Cameron has a contingent remainder in fee simple, and Paris has a reversion. D. Lindsey has a life estate, Nicole has a fee simple on executory limitation, and Cameron has an executory interest.

C

32. Andy recently sold Blackacre to Goober. However, the deed from Andy to Goober reserved a right of way easement across Blackacre in favor of Barney, who owns a plot of land adjoining Blackacre. Goober has blocked the right of way and refuses to honor the easement. Which statement best describes the parties' legal rights under traditional common law? A. Barney can enjoin Goober from blocking the road. B. Barney can get money damages for past loss of use of the road. C. Goober was within his rights to block the road. D. A. and B

C

4. Bill and Becky took title to Crimsonacre, a parcel of land located in Tuscaloosa, Alabama, pursuant to a deed that describes them as "joint tenants." Bill later died intestate leaving Catherine and Will as his heirs. What is the state of the title? A. Becky owns a fee simple interest in Crimsonacre. B. Cathedr~e and Will own a fee simple interest in Crimsonacre. C. Becky owns an undivided one-half interest in Crimsonacre, and Catherine and Will together own an undivided one-half interest in Crimsonacre. D. None of the above.

C

4. Bill put $75,000 in trust for Newt, providing in the trust instrument that the income from the trust would be paid monthly to Newt and also that "the income paid herein shall not be assignable to Newt's creditors." Newt borrowed $10,000 from Bank and executed an instrument purporting to assign his income from the trust to the Bank as collateral for the loan. Newt defaulted. In a lawsuit between the trustee and the Bank, the Bank's best argument that the assignment is valid is: a. The quoted language from the trust instrument is void under the Rule against Perpetuities. b. The quoted language does not apply to transactions like that between Newt and Bank. c. The quoted language is an unreasonable restraint on alienation. d. The settlor of a trust may never attempt to use a trust to influence a beneficiary's actions.

C

8. In 2012, Ringo bought land from Paul. The deed from Paul to Ringo included a grant of a right of way permitting access to the deeded land across land retained by Paul. Last year, Ringo bought an additional tract of land from George. The land Ringo bought from George abuts the land Ringo bought from Paul. Paul has gone to court insisting that Ringo either stop using the right of way across Paul's land or create a physical barrier between Ringo's two parcels assuring Paul that the easement is not being used for the benefit of the property Ringo bought from George. Which of the following statements best describes the respective rights of Paul and Ringo? A. Paul's claim is without legal foundation. B. Paul can succeed on his claim only if he· can prove that traffic on the right of way will increase as a result of Ringo's having acquired additional property. C. Paul is entitled to prevent Ringo from using the easement to reach the property that Ringo bought from George. D. Paul is entitled to nominal damages only.

C

9. Lucy and Ethel are neighbors. At the time Ethel moved onto her property, Ethel's property had access only to Highway 24 whereas Lucy's property has access to both Highway 24 and Highway 11. Late last year, Lucy told Ethel: ' I hereby grant you an easement over my property for access to Highway 11." In accordance with her statement, Lucy began allowing Ethel to use a pre-existing road across Lucy's property to reach Highway 11. Six months later, when Ethel announced that she was selling the property, however, Lucy said: "The minute you sell your land, I'm revoking the easement I gave you." Because the use of the road makes Ethel's property far more valuable, Ethel has gone to court seeking a declaratory judgment that Lucy is obligated to permit continued use of the road regardless of who owns Ethel's property. What is the probable outcome of the case? A. Ethel will win because easements run with the land. B. Lucy will win because an oral license is always revocable. C. Ethel may win if she made significant repairs to the road across Lucy's property. D. Ethel has an easement by prescription. E. Ethel can enforce her easement as an equitable servitude.

C

Any deeds referred to make no specific provision for the assignment of choses in action or other intangible rights connected with the property, and the applicable statute of limitations provides that actions on deed covenants must be brought within ten years of the date of breach. 18. In 1988, George conveyed Blackacre to Ann by general warranty deed. Ann conveyed Blackacre to Barney in 1990 by special warranty deed. In 1996, Barney conveyed Blackacre to Doris by general warranty deed. In May 1997, Doris learned that Exxon Corporation owns the mineral rights to Blackacre, thanks to a deed George executed in Exxon's favor in 1982. Exxon has taken no action to exercise the mineral rights, nor has it expressed any intention to do so. In most jurisdictions, Doris has a cause of action for breach of deed covenants against: a. Barney, Ann and George. b. Barney and George. c. Barney. d. Ann. e. George

C

Between 1995 and 2005 Margaret made repeated offers to buy Fred's lake cabin. Each time, Fred responded that he was not interested in selling the property even though he never used it. In 2005, Margaret began occupying the cabin during the summers without Fred's knowledge or consent. Margaret recently filed a quiet title action based on adverse possession. 45. Consider the following statements related to the "hostile" possession requirement. Which is correct? A. Margaret will prevail if the jurisdiction applies a "good faith" test. B. Margaret's peaceable possession of the lake cabin negates the inference of hostile intent. C. Margaret will prevail if the jurisdiction applies an "aggressive trespass" test. D. Margaret will lose if the jurisdiction applies an objective test.

C

For years, Joe's Bar-B-Q, located on a rural parcel known as Blackacre, has been a favorite restaurant of the citizens of Tuscaboga, Narnia. Although there are other means of accessing Blackacre, Joe's patrons all use winding dirt road that runs across Nan Neighbor's property. Joe and his patrons' use of the road is permitted under an easement granted by Nan "to provide ingress and egress to and from the restaurant located on Blackacre." Narnia's courts steadfastly adhere to majority common law rules in property cases. In which case is Nan most likely to be able to enjoin Joe and/or his patrons from further use of the dirt road? a. Joe's expands its seating capacity from 20 to 40. b. Joe's begins catering occasional private parties. c. Joe's adds six picnic tables for outdoor seating; the tables are located on Brownacre, an adjoining parcel Joe purchased recently. d. Joe's begins selling vegetarian fare instead of barbecue.

C

Landlord leases Blackacre to Tenant for one year. The lease further provides that "Tenant may terminate this lease at any time." Under the traditional common law rule: a. Landlord is bound for a one-year term. b. Tenant is bound for a one-year term regardless of the lease provision authorizing early termination. c. Landlord may evict tenant at any time. d. Tenant is a tenant at sufferance. e. None of the above.

C

On May 1, 1997, John makes an oral agreement with Mel that he will lease Mel's house in . Tuscaloosa, Alabama, for one year, and pay Mel $500 on the first of each month commencing June 1, 1997. John moved in to Mel's house and paid rent for two months, then stopped paying rent because he claimed that leaking water pipes in the walls had damaged his clothing and furniture and rendered one bedroom and bathroom unusable. John will: a. Be fully released from the rent based on partial constructive eviction by the landlord. b. Be liable for a prorated amount of rent because of partial constructive eviction. c. Be fully liable for rent unless and until he vacates the leased premises. d. Be able to collect damages from Mel for breach of the implied warranty of habitability

C

Pam and Pat own Blackacre as joint tenants with right of survivorship. Pat conveys his interest to Ben. Then Pat dies intestate. Who owns Blackacre? a. Ben b. Pam c. Ben and Pam d. Pam, Ben and Pat's heirs.

C

Tracie agrees to use Jimmy's house on Dauphin Island for the first two weeks of August and pay him $400 per week. 23. The agreement creates: a. A tenancy at will. b. A license. c. A term of years tenancy. d. A periodic tenancy.

C

X deeds Blackacre "to the Chrysler Corporation for use as an automobile assembly plant." Chrysler later deeds Blackacre to the John Deere Corporation, which will use the property to manufacture farm machinery. Who owns Blackacre? a. X, because the use restriction creates a fee simple determinable in the Chrysler Corporation and a possibility of reverter in X .. b. John Deere, because X's possibility of reverter is void under the Rule Against Perpetuities. c. John Deere, because the use restriction is likely to be construed either as a covenant or as a statement of the parties' intentions about the future use of Blackacre. d. Chrysler, because the quoted language created a disabling restraint on alienation.

C

10. Otto executes a mortgage on Blackacre (located in Jefferson County, Alabama) in favor of Bank, which does not record. Otto then conveys Blackacre to Carol. Carol pays fair market value for Blackacre and has no reason to know of the Bank's mortgage. Carol then sells to Diane, who has actual knowledge of the Bank's mortgage. After Diane takes possession of the property, Otto defaults. At the foreclosure sale, the Bank buys the property for the amount of Otto's debt. Which of the following statements is true? a. Bank holds legal title to Blackacre, but Diane has a statutory right of redemption. b. Bank has legal title to Blackacre, but Diane has an equity of redemption. c. Unless Otto's debt happened to be greater than or equal to the fair market value of Blackacre, the foreclosure sale is due to be set aside. d. Diane holds legal and equitable title to Blackacre, unencumbered by the Bank's mortgage.

D

11. In January 2016, Fred leased Stoneacre to Wilma for a term of five years, beginning April 1, 2016. Although Fred expected his previous tenant, Barney, to vacate Stoneacre in mid-March, Barney was still occupying the premises when Wilma showed up to take possession. Which of the following statements is correct? A. Under the American rule, Wilma is entitled to rescind the lease and sue Fred for ,damages. B. Under the English rule, evicting Barney is Wilma's responsibility. C. A. and B. D. Neither A. nor B.

D

23. Paul conveys Blackacre "to Fred; the Property shall be used for residential purposes." What is the state of the title? A. Fred has a fee simple on condition subsequent, and Paul has a right of entry. B. Fred has a fee simple determinable, and Paul has a possibility of reverter. C. Fred has a fee simple on executory limitation, and Paul has an executory interest. D. Fred owns Blackacre in fee simple.

D

24. Arthur conveys Blackacre "to Madelyn, but if Blackacre shall cease to be used as a vacation home, then to Daniel." What is the state of the title? A. Madelyn has a fee simple on condition subsequent, and Daniel has a right of entry. B. Madelyn has a fee simple determinable, and Daniel has a possibility of reverter. C. Madelyn has a fee simple on executory limitation, and Daniel has an executory interest. D. Madelyn owns Blackacre in fee simple.

D

29. Nick conveys Blackacre "to Terry for life, then to Jay's first child to play professional golf." At the time of the grant, Jay has one child, Jackson, who is seven years old and has yet to play professional golf. What is the state of the title? A. Terry has a life estate, Jackson has a contingent remainder, and Nick has a reversion. B. Terry has a life estate subject to executory limitation, Jackson has an executor interest, and Nick has a reversion. C. Terry has a life estate, Jackson has an executory interest, and Nick has a reversion. D. Terry has a life estate, and Nick has a reversion.

D

30. Which of the following types of commercial interests is most likely to be subject to the Uniform Statutory Rule Against Perpetuities? A. An option-in-gross. B. An option appendant to a leasehold. C. Preemptive rights. D. None of the above.

D

33. Two weeks ago, Barack put down $25;ooo in earnest money and contracted to buy a house from George for $500,000. The scheduled closing date is three weeks from now. Last week, Hillary offered George $600,000 in cash for the house if he would vacate immediately. George accepted, and Hillary paid the $600,000 and moved in yesterday. Which of the following best describes the legal rights of the parties? A. Barack can recover his earnest money and consequential damages from George, but cannot recover possession :(:(om Hillary because Barack had not completed the purchase when George deeded the property to Hillary. B. Barack can recover his earnest money and consequential damages from George, but cannot recover possession from Hillary because Hillary has already taken possess10n. C. As long as Hillary did not have actual knowledge of Barack's contract, Barack's damages are limited to recovery of his earnest money and consequential damages. D. If a "sold" sign was placed in George's front yard when Barack's contract was signed, Barack may be able to get possession of the house.

D

35. Last year, Fred conveyed Blackacre "to Gerald for life, then to Bruce." Gerald recently leased Blackacre to Tim on a month-to-month basis with monthly rent set at $1000. Taxes, carrying charges and mortgage interest on the property amount to $400 monthly. Tim has been paying the full rent directly to Gerald, and Gerald has been paying the full taxes, carrying charges and mortgage interest himself. Which of the following statements is true? A. Gerald owes Bruce $500 per month. B. Gerald owes Bruce $300 per month. C. Bruce owes Gerald $200 per month. D. None of the above

D

38. J.P quitclaimed an easement across Blackacre to D.J., who did not record the easement. G.W. later bought a fee simple interest in Blackacre from J.P. G.W. had no notice of any kind of the easement, and he recorded his interest. G.W. later conveyed Blackacre to R.C., who knew about the easement from J.P. to D.J. Will R.C. take Blackacre free of the easement? A. No, because first in time is first in right. B. No, because R.C. was not innocent, even assuming he paid value. C. A. and B. D. Yes, because R.C. can "shelter" under G.W.'s status as a bona fide purchaser. E. Yes, because D.J. took a quitclaim deed.

D

42. Bryan has an express right of way easement over Blackacre, which is owned by Martha. The easement is silent as to who has the duty to maintain the right of way. In an action by Bryan to compel Martha to repair the right of way, Bryan will: A. Win B. Lose C. If the jurisdiction follows the approach of the Restatement (Third), Bryan may be able to force Martha to contribute to the cost of repairs if she also uses the right of way. D. B. and C.

D

44. Assuming Jane's possession of Blackacre otherwise meets the requirements for adverse possession, in which of the following scenarios is the continuity element likely satisfied? A. Blackacre is vacation property on the coast of Maine. Jane's possession of Blackacre is interrupted for 6 months every year because she moves out of the house during the winter months. B. Blackacre is a residence on Long Island, which Jane leaves for three weeks every summer to vacation in the south of France. C. Blackacre is Jane's primary residence; however, Jane's employment frequently takes her out of town for extended periods of time. D. All of the above. E. None of the above

D

6. Rush and Bernie own a building as tenants in common. For several years they have rented the building to a store that sells CDs and tapes. Last month the owners of the store decided not to renew their lease, and the building was vacant until yesterday when Rush opened his own CD/tape store in the building. If Bernie comes to you for advice, which of the following courses of action is most likely to result in Bernie's having a claim for rent against Rush? a. Bernie need do nothing. He is already entitled to rent from Rush. b. Bernie should send Rush a formal letter demanding rent and evict him if he doesn't pay. c. Bernie should change the locks on the doors and not give Rush a key. d. Bernie should start selling auto parts in the building.

D

Between 1995 and 2005 Margaret made repeated offers to buy Fred's lake cabin. Each time, Fred responded that he was not interested in selling the property even though he never used it. In 2005, Margaret began occupying the cabin during the summers without Fred's knowledge or consent. Margaret recently filed a quiet title action based on adverse possession. 46. Which of the following statements is correct? A. Assuming Fred remains unaware of Margaret's possession between the date of her entry and the present date, Margaret's adverse possession claim will fail for lack of notoriety. B. If Margaret has regularly entertained guests at the lake cabin, her claim will fail because her possession will not have been exclusive. C. If the jurisdiction require~ a "claim of right," Margaret will lose. D. None of the above.

D

By deed dated January 1, 1991, Fred "grant[ed], bargain[ed], [sold] and convey[ed]" a parcel offarmland in Greene County, Alabama to Will. In 1993, Will quitclaimed the property to John. Last year, John conveyed the property to Alex by general warranty deed. Yesterday, Big Bad Bank gave notice that it intends to sell the property pursuant to a mortgage granted to it by Fred's predecessor in title. Which of the following statements best describes Alex's legal rights assuming the Bank has the right to foreclose and proceeds with the sale? a. Alex can recover against John, Will and Fred. b. Alex can recover against John and Fred, but not Will. c. Alex can recover against Fred. d. Alex can recover against John. e. Because the defect in title predates Fred's acquisition of the property, Alex cannot recover against Will, Fred or John

D

Jack leases Blackacre to Jill for a period beginning January 1, 1997, and ending December 31, 1998, at a rental rate of $500 per month. Which of the following statements best describes the status of the leas as of December 31, 1998? a. The lease will be renewed for another one-year term unless one of the parties has given notice of termination to on or prior to June 30, 1998. b. The lease will be renewed for another two-year term unless one of the parties has given notice of termination on or prior to June 30, 1998. c. The lease will be renewed on a month-to-month basis unless one of the parties has given notice of termination on or prior to November 30, 1998. d. The lease will terminate December 31, 1998, unless both parties agree to the contrary.

D

On August 1, Joe, an incoming law student, rented a small house on 13th Street in Tuscaloosa, an area predominantly populated by University students. Because the University was finishing up the summer session, many of the homes nearby were vacant. After school started, however, Joe was constantly disturbed by noise from student parties and the incessant barking of several dogs owned by his neighbors. He told the landlord he was moving out because the noise was unbearable; it was interfering too much with his sleep and his studies. a. Joe has been constructively evicted and is no longer liable to the landlord. b Joe has breached the lease and is liable for rent or landlord's damages. c. If the landlord controls the neighboring rental units, Joe may not be liable for future rent. d. b. or c.

D

On November 1, 1996, Joe leased Blackacre to Janet for a term of four years. The lease was only one page long and contained no provision governing assignment, sublease or transfer. Janet transferred Blackacre to Greg for the 1998 calendar year, Greg is insolvent and has a lengthy criminal record including numerous vandalism offenses. Joe learns of Greg's financial condition and criminal record and advises Janet that he will treat the transfer of the lease as an abandonment of the premises and terminate the lease. 7. Which of the following statements is/are true? a. Joe is entitled to terminate the lease because he has commercially reasonable objections to Greg's occupancy. b. Joe is not entitled to terminate the lease but he is entitled to disapprove the transfer in light of his commercially reasonable objections to Greg's occupancy. c. Joe is entitled to terminate the lease regardless of whether his objections to Greg are commercially reasonable. d. Joe has no right to disapprove the transfer of the lease.

D

Which of the following transactions is likely to violate the "public use" requirement of the Takings Clause? a. Condemnation of a residential subdivision to provide a site for a privately owned manufacturing plant. b. Condemnation of urban business property to facilitate construction of a football stadium to be owned by a professional sports club. c. Condemnation of land for a hospital facility. d. None of the above.

D

11. On May 1, 1997, Bob and Betty Byars sign a real estate sales contract pursuant to which they promise to buy Blackacre from Sam Seller, closing to occur on June 15, 1997. The contract has not been acknowledged by a notary public as required by law; nevertheless, a clerk accepts it for recordation and indexing. Seller gets a better offer from Chris Cash and deeds Blackacre to Cash on June 1, 1997. What is the state of the title? a. At common law, the Byars have a superior claim to Blackacre. b. In most notice jurisdictions, Cash has a superior claim regardless of whether he finds the contract in a title search. c. In most notice jurisdictions, Cash has a superior claim only if he does not search the title and find the contract. d. a. and b. e. a. and c.

E

18. Harold conveyed Blackacre "to Kumar and the heirs of his body." Shortly thereafter, Kumar died leaving a son, Joe, and two granddaughters, Shirley and Audrey. Kumar's will left all his real estate to Brenda. What is the state of the title? A. Joe owns Blackacre in fee tail. B. Joe, ShiFley and Audrey own Blackacre in fee tail. C. Brenda owns Blackacre in fee tail. D. Joe, Shirley and Audrey own Blackacre in fee simple. E. Brenda owns Blackacre in fee simple.

E

2. Al conveys an office building in Selma, Alabama, "to Betty and the heirs of her body." Betty dies leaving two children, Harry and Sally, and two grandchildren, Joyce and Kevin. Prior to· her death and without telling any of her children or grandchildren, Betty executed and delivered a deed in favor of Sid. The deed reserved a life estate in Betty and granted a remainder in fee simple to Sid. At Betty's death, who owns the office building? a. Harry and Sally as cotenants b. Harry and Sally in fee tail c. Joyce and Kevin as cotenants d. Joyce and Kevin in fee tail e. Sid

E

22. Stewart conveyed Blackacre "to Kimb7rly so long as the property is never transferred." Kimberly gave the property to her mother, Alice. What is the state of the title? A. Stewart owns Blackacre in fee simple. B. Alice has a fee simple determinable, and Stewart has a possibility of reverter. C. Alice has a fee simple on condition subsequent, and Stewart has a right of entry. D. Alice has a fee simple on executory limitation, and Stewart has an executory interest. E. Alice owns Blackacre in fee-simple.

E

34. "[I]n consideration of love and affection," 0 conveyed Blackacre to A, who failed to record. Later, "in consideration of love and affection," 0 conveyed Blackacre to B, who recorded. B had no notice of the prior transaction between O and A. Which of the following statements is true? A. B will prevail over A. B. A will prevail over B. C. The outcome will be the same in a jurisdiction with a race-notice recording act as it would be in a jurisdiction with a notice recording act. D. A. and C. E. B. and C.

E

5. Julia left her diamond necklace at Acme Jewelers for repair. The necklace was placed in Acme's merchandise display case in the front of the store and was sold to Erin, an Acme retail customer. Which of the following statements is correct? A. Julia can recover the necklace from Erin. B. Julia can recover the necklace from Erin, but only if she refunds the price Erin paid. C. Erin can keep the necklace. D. Julia has a cause of action for damages against Acme. E. C. and D .

E

50. Gus bought a lot and hired a local contractor to build a house on it. The contract called for completion of the house in 12 months. Gus rented an apartment in a large complex during the construction period. The lease specifies that it commenced May 1, 2015, and terminates automatically at midnight on April 30, 2016. Several months after the signing of the lease, the contractor notified Gus that, because of heavy rains, he would be two months late in completing the house. Which of the following best describes Gus' legal rights/obligations? A. Under traditional common law rules, if Gus remains in the apartment after April 30, the landlord is entitled to treat his refusal to leave on a timely basis as a renewal for an additional one-year term. B. If Gus gives 10 days' notice to the landlord that he will remain in the apartment for two additional months, he will only be liable for the two months' additional rent and the landlord cannot evict him. C. If the landlord has leased the apartment to a new tenant commencing at the end of Gus' lease, the landlord may be liable to the new tenant for damages if Gus does not vacate on time. D. A. and B. E. A. and C

E

6. Amari Sims recently purchased a home for $500,000, making a down payment of $50,000. He borrowed $300,000 from. Big Bank, who received a first mortgage on the property. Nick Seller, who sold him the home, financed the remaining $150,000, receiving a second mortgage on the property. Assume that Sims defaults at a time when he owes Big Bank $275,000 and Seller $125,000. Which of the following statements is correct? A. If both Big Bank and Seller foreclose, Big Bank will get all the proceeds at the foreclosure sale of the property, regardless of amount. ' B. If the house brings less than $250,000 at a foreclosure sale, the sale is highly likely to be set aside. C. As a junior mortgagee, Seller will be prevented from seeking a deficiency judgment against Sims, regardless of the amount of the proceeds he received from any foreclosure sale. D. If Seller forecloses before Big Bank does, it can sell the property free and clear of Big Bank's mortgage, since it will have been first in time. E. None of the above.

E

On August 1, Tenant signs 24-month lease, moves in and pays $450 security deposit and $400 for first month's rent. For each of the next six months, Tenant pays rent on the first of the month as agreed. On March 1, Tenant moves out. On March 2, Landlord sends notice of termination because he received no rent. On May 1, a new tenant leases premises for 24 months at $375 per month. In Alabama, the landlord is entitled to: a. $25 per month for the remainder of Tenant's original term (i.e., May forward), plus expenses incurred in finding the new tenant. b. Rent for March, double rent for April. C. $800 for March and April. d. a. and b., with potential offset against the security deposit. e. a. and c., with potential offset against the security deposit.

E

Which of the following activities violates B's property rights? Assume in each case that B's product is unpatented. a. A copies B's product. b. A advertises that his product is "just like" as B's more expensive product. c. A improves B's product, capturing the entire market and putting B out of business. d. All of the above. e. None of the above

E