Real Property (Foundational) Question Pack - Questions

1. A grantor conveyed property "to Alex for life, then to Morgan, but only if Morgan graduates from medical school."

What type of future interest does Morgan hold?

  1. Vested remainder
  2. Contingent remainder
  3. Executory interest
  4. Possibility of reverter

2. Two friends purchased land together but did not specify how they intended to hold title. Each paid half and the deed listed both names.

What tenancy was created?

  1. Tenancy in common
  2. Joint tenancy with right of survivorship
  3. Tenancy by the entirety
  4. Fee simple subject to condition subsequent

3. A landlord rented an apartment to a tenant under a one-year lease. After three months, the tenant abandoned the premises. The landlord did nothing to find a replacement.

Is the landlord entitled to full rent?

  1. Yes, the tenant breached and must pay the balance
  2. No, because failure to mitigate bars recovery
  3. Yes, unless the lease includes a duty to mitigate
  4. No, because abandonment voids the lease automatically

4. A deed conveyed land "to Taylor and Jordan as joint tenants with right of survivorship." Jordan later sold her interest to Chris.

How is the property held now?

  1. Taylor and Chris hold as joint tenants
  2. Taylor and Chris hold as tenants in common
  3. Taylor owns the entire interest
  4. Chris owns a future interest only

5. A buyer signed a real estate contract to purchase a home. Before closing, the house was destroyed in a fire. No provision in the contract addressed risk of loss.

Who bears the loss?

  1. Seller, because title had not transferred
  2. Buyer, under equitable conversion
  3. Seller, because the fire occurred before closing
  4. Buyer, only if insurance was obtained

6. A property owner created a restrictive covenant limiting the lot to residential use. The owner conveyed the lot to a buyer who later built a commercial office.

Is the covenant enforceable?

  1. No, because restrictive covenants are personal in nature
  2. Yes, if the covenant runs with the land and burdened the estate
  3. No, unless damages are sought
  4. Yes, only if the deed mentioned the covenant

7. A landowner granted a neighbor an oral right to cross his land to reach the main road. The neighbor used the path regularly for 20 years.

What interest has likely been created?

  1. License
  2. Express easement
  3. Easement by prescription
  4. Profit

8. A tenant leased space for five years but abandoned it during the fourth year. The landlord found a new tenant two months later at a lower rent.

Can the landlord recover the rent difference?

  1. No, because the lease ended upon abandonment
  2. Yes, because the tenant remains liable for damages
  3. No, unless abandonment was unreasonable
  4. Yes, if the tenant agreed to pay full rent regardless

9. A grantor conveyed land "to Riley so long as the land is used for agricultural purposes."

What future interest has the grantor retained?

  1. Reversion
  2. Possibility of reverter
  3. Executory interest
  4. Vested remainder

10. A condo association adopted rules banning pets. A unit owner claimed this was an unreasonable restriction.

What factor most strongly supports the rule’s enforceability?

  1. The restriction was voted on unanimously
  2. The rule applies equally to all owners
  3. The original declaration authorized such rules
  4. The restriction aligns with local zoning laws

11. A landowner sold property to a buyer and retained a path on the land to access a public road. The buyer blocked the path, arguing no easement was recorded.

Which easement is most likely enforceable?

  1. Easement by prescription
  2. Easement by necessity
  3. Easement by estoppel
  4. Easement implied from prior use

12.A buyer entered into a contract to purchase land. Before closing, the seller died.

Who is entitled to the proceeds from the sale?

  1. Seller’s devisee under the will
  2. Seller’s heirs
  3. Seller’s estate under equitable conversion
  4. The buyer, regardless of the estate’s wishes

13. A grantor conveyed land "to Dana, but if liquor is ever sold on the property, then to Jamie."

What future interest does Jamie hold?

  1. Possibility of reverter
  2. Contingent remainder
  3. Executory interest
  4. Vested remainder subject to divestment

14. A buyer discovers after closing that a third party holds a valid easement on the property, reducing its utility. The buyer sues for breach.

What remedy is most appropriate?

  1. Rescission based on failure to disclose
  2. Specific performance with abatement
  3. Damages for unmarketable title
  4. Injunction against the easement holder

15. A property owner allowed a friend to use his shed for storage. After five years, the friend claimed ownership by adverse possession.

What is the biggest obstacle?

  1. Lack of color of title
  2. Absence of continuous use
  3. Permission defeats hostility
  4. The five-year period is too short

16.A lender recorded its mortgage one day after closing. Later, the borrower gave a second mortgage to another lender, who recorded immediately.

Which lender has priority?

  1. The first lender due to its earlier loan
  2. The second lender due to earlier recording
  3. The first lender under purchase money priority
  4. Neither, because recording was improper

17. A buyer receives a deed signed by the seller but never formally delivered. What is the status of title?

  1. Title passes automatically upon signature
  2. Title does not pass because delivery is essential
  3. Buyer holds equitable title only
  4. Title passes if the buyer accepts by conduct

18. A tenant leased commercial property for five years and sold its leasehold to a third party. The landlord sued, citing a restriction on assignment.

How should the court rule?

  1. For the tenant if assignment was customary
  2. For the landlord if the lease barred transfer
  3. For the third party, who now holds privity
  4. For the landlord only if consent was requested

19. A grantor conveyed land by a warranty deed. After closing, it was discovered that a portion of the property was encumbered by an undisclosed lien.

What covenant was breached?

  1. Covenant of quiet enjoyment
  2. Covenant of further assurances
  3. Covenant against encumbrances
  4. Covenant of seisin

20. A seller gave a buyer an option to purchase land within six months for a set price. Two months later, the seller attempted to revoke.

Is the revocation effective?

  1. Yes, because options are revocable until exercised
  2. No, if consideration was paid for the option
  3. Yes, unless the buyer relied on the option
  4. No, if the buyer notified intent to purchase

21. A landowner died, leaving property in a will to her nephew. Before the will was probated, the land was transferred to a third party under a forged deed.

What is the best protection for the third party?

  1. Good faith purchase
  2. Recording statute
  3. Title insurance
  4. None, because forged deeds convey nothing

22. A seller conveyed land to a buyer under a quitclaim deed. The buyer later discovered an undisclosed lien.

Can the buyer sue for breach?

  1. Yes, under covenant against encumbrances
  2. No, because quitclaim deeds contain no warranties
  3. Yes, if marketability was promised in the contract
  4. No, unless the buyer insured title

23. A mortgagor defaulted, and the mortgagee filed for foreclosure. Before judgment, the mortgagor tendered full payment of the outstanding debt.

What right did the mortgagor exercise?

  1. Right of redemption
  2. Right of reinstatement
  3. Statutory redemption
  4. Equity of redemption

24. A buyer purchases land from a seller who earlier conveyed the same property to another party who failed to record. The buyer paid value and had no notice.

Which recording act protects the buyer?

  1. Notice
  2. Race
  3. Race-notice
  4. None, because the first grantee has priority

25. A person paid taxes and openly used a parcel of land for 15 years, believing it was abandoned. The rightful owner did nothing during that time.

Which element of adverse possession is most crucial here?

  1. Continuous possession
  2. Hostile possession
  3. Claim of right
  4. Exclusive possession

26. A borrower executed a deed of trust to a lender and later defaulted. The trustee initiated nonjudicial foreclosure according to state law.

Which mortgage theory applies?

  1. Title theory
  2. Lien theory
  3. Intermediate theory
  4. Trust deed theory

27. A tenant on a month-to-month lease was evicted without notice. The landlord claimed the lease was terminable at will.

Is the eviction proper?

  1. Yes, month-to-month tenants may be removed anytime
  2. No, proper notice is required before termination
  3. Yes, if the lease was oral
  4. No, unless the tenant breached the lease

28. A grantor conveyed land to “Sam and Pat,” with no further language in the deed.

What estate do Sam and Pat hold?

  1. Tenancy by the entirety
  2. Joint tenancy
  3. Tenancy in common
  4. Life estate

29. A mortgagor conveyed the property to a buyer who agreed to take subject to the mortgage. Later, the buyer defaulted, and the lender sued the original mortgagor.

What is the result?

  1. The buyer is liable for the debt
  2. The lender cannot foreclose
  3. The mortgagor remains personally liable
  4. The mortgage is discharged upon transfer

30. A will devised “my farm to Casey for life, then to Jordan if Jordan survives Casey.” Jordan predeceased Casey.

What interest is created in Jordan?

  1. Vested remainder subject to divestment
  2. Contingent remainder
  3. Executory interest
  4. Reversion to the testator’s heirs

31. A homeowner gave a deed to her daughter but held onto it and never told anyone. After her death, the daughter claimed title.

Was there a valid conveyance?

  1. Yes, because delivery is presumed upon death
  2. No, because physical transfer is required for delivery
  3. Yes, because the deed was properly executed
  4. No, because there was no intent to deliver

32. A deed stated, “to Sam, but if the property is ever used for retail purposes, then to Lee.”

What type of estate does Sam hold?

  1. Fee simple determinable
  2. Fee simple subject to condition subsequent
  3. Fee simple subject to executory limitation
  4. Life estate subject to divestment

33. A property owner built a fence partially on a neighbor’s land. The neighbor didn’t object for 12 years. The jurisdiction’s statutory period for adverse possession is 10 years.

Can the owner claim title to the encroached portion?

  1. No, because the possession was not exclusive
  2. Yes, because all elements of adverse possession were met
  3. No, unless the fence included signage asserting ownership
  4. Yes, if the neighbor gave written consent

34. A lender accepted a deed in lieu of foreclosure from a defaulting borrower. Two days later, a junior lienholder demanded payment.

What effect does the deed in lieu have on junior liens?

  1. It extinguishes all junior liens automatically
  2. It transfers title subject to existing liens
  3. It gives the lender personal liability for those liens
  4. It cancels the borrower’s debt but not encumbrances

35. A land contract required the buyer to pay monthly installments with title conveyed after final payment. The buyer defaulted midway.

What remedy is available to the seller?

  1. Foreclosure and sale
  2. Return of possession without judicial process
  3. Specific performance
  4. Retention of payments without obligation to convey

36. An owner conveyed land to her sister by deed but kept it unrecorded. Years later, she sold the same land to a stranger who recorded immediately. The jurisdiction has a race-notice statute.

Who has valid title?

  1. The sister, as the first grantee
  2. The stranger, as a bona fide purchaser who recorded first
  3. Neither, because of conflicting claims
  4. The sister, if she physically possessed the land

37. A borrower transferred property to a buyer who assumed the mortgage. The buyer later defaulted, and the lender sued both parties.

What is the outcome?

  1. Only the buyer is liable
  2. Only the original borrower is liable
  3. Both parties are jointly liable
  4. Neither is liable without express consent from lender

38. In a dispute over boundary lines, one neighbor offered testimony that she had always mowed and maintained the disputed area. The other neighbor provided aerial photos showing use.

What type of evidence is this?

  1. Hearsay
  2. Real evidence
  3. Demonstrative evidence
  4. Direct evidence

39. A seller conveyed land by warranty deed but failed to disclose a recorded easement. The buyer sued.

Which covenant has been breached?

  1. Covenant of seisin
  2. Covenant of further assurances
  3. Covenant against encumbrances
  4. Covenant of quiet enjoyment

40. A person drafted a deed conveying property “to Alex and Taylor as joint tenants with right of survivorship.” Later, Alex conveyed her interest to Casey.

What is the ownership status?

  1. Casey and Taylor hold as joint tenants
  2. Taylor owns the entire property
  3. Casey and Taylor hold as tenants in common
  4. The joint tenancy remains unaffected

41. A landowner installed ceiling fans and custom-built shelving in a rental house. After the lease ended, the landowner removed these items before the new tenant moved in.

Which statement is most accurate?

  1. The items are fixtures and must remain
  2. The items are trade fixtures and are removable
  3. The items may be removed unless permanent damage occurs
  4. The items were personal property and never became part of the realty

42. A city rezoned a residential block for commercial use. A homeowner within the block objected, claiming her house would lose value.

Is the rezoning valid?

  1. Yes, if it serves a legitimate public purpose
  2. No, because it reduces private property value
  3. Yes, only if compensation is paid
  4. No, unless all owners agree

43. A trust created a future interest "to my grandchildren who reach age 30."

What rule may prevent this interest from vesting?

  1. Rule against perpetuities
  2. Rule against alienation
  3. Rule of convenience
  4. Rule of merger

44. A seller and buyer agreed in writing to sell land. The buyer requested a delay due to financing issues and failed to close by the agreed date. The seller sued for breach.

What factor most affects the outcome?

  1. Whether the buyer paid earnest money
  2. Whether time was made of the essence in the contract
  3. Whether market conditions changed
  4. Whether title was marketable

45. A neighbor regularly crossed another’s land to reach a fishing spot. After years, the landowner installed a fence. The neighbor claimed a right of way.

Which interest may support the neighbor's claim?

  1. Profit
  2. License
  3. Easement by necessity
  4. Easement by prescription

46. A homeowner failed to pay property taxes. The county obtained a lien and eventually sold the property at auction to a third party.

What is the status of the third party's title?

  1. Void unless the homeowner received notice
  2. Valid unless the sale violated statutory procedures
  3. Invalid unless approved by a court
  4. Effective only if the buyer paid fair market value

47. Two companies agreed that one would have a permanent right to use a portion of the other's land for loading trucks. The agreement was recorded.

What interest was created?

  1. License
  2. Profit
  3. Easement
  4. Covenant

48. A buyer received a general warranty deed. After moving in, a third party claimed ownership based on an earlier unrecorded deed.

Which warranty protects the buyer?

  1. Covenant of seisin
  2. Covenant against encumbrances
  3. Covenant of quiet enjoyment
  4. Covenant of further assurances

49. A property owner gave written permission to a neighbor to use a private driveway. After 20 years of uninterrupted use, the owner revoked permission.

Can the neighbor claim continued access?

  1. No, because a license is always revocable
  2. Yes, as an easement by prescription
  3. No, unless a deed was recorded
  4. Yes, under easement by estoppel

50. A landlord leased a commercial unit. The lease prohibited assignment. The tenant assigned the lease to another business anyway.

What is the most accurate statement?

  1. The assignment is void
  2. The assignment is valid but breaches the lease
  3. The assignment is enforceable only with landlord consent
  4. The landlord must accept the new tenant