Exam Pro: Property
Peter T. Wendel
Exam I
3.
Olivia owns Pennacres. She conveys Pennacres
as follows: “To Bill for life, then to Hillary and her heirs, but if
Thereafter Bill dies, but Hillary and Elizabeth are still alive. Applying traditional common law principles, state the title to Pennacres:
(A) Hillary has fee simple absolute.
(B)
Hillary has a fee simple determinable,
and
(C)
Hillary has fee simple subject to condition subsequent,
and
(D)
Hillary has a fee simple subject to an executory limitation, and
(E)
Hillary has a fee simple subject to divestment, and
10.
|
|
|
Lots 1 and 2 are adjoining lots. They are both farms, but they are owned by different individuals. A owns lot 1, and B owns lot 2, though at no time relevant to this question is either A or B in actual possession of either lot. X, who has interest in either lot, executes a deed purporting ot convey both lots to C. C enters and actually occupies lot 1 in an open and notorious manner for the statutory period required for adverse possession.
At the end of this period, C brings suit to quiet title to lots 1 and 2, claiming both lots under X’s deed. The most likely result is:
(A) C is entitled to lot 1 only
(B) C is entitled to lot 2 only
(C) C is entitled to neither lot
(D) C is entitled to both lots
11. O à To A for life, then to A’s children who survive A and their heirs, but if A dies without being survived by children, then to C’s children and their heirs.
Assume A and C are alive. A
has no chidren, and C has one child, Z. State the future interests:
(A) A’s children have a vested remainder in fee simple subject to divestment, and C’s children have a shifting executory interest in fee simple
(B) A’s children who survive A have a contingent remainder in fee simple subject to an executory limitation, and C’s children have a vested remainder in fee simple.
(C) A’s children who survive A have a contingent reminder in fee simple, and C’s children have an alternative contingent remainder in fee simple.
(D) A’s children who survive A have a contingent remainder in fee simple, C’s children have an alternative contingent remainder in fee simple, and O has a reversion in fee simple.
12. Same conveyances as problem 11, only now assume A has a child X, C has a child Z, and both A and C are still alive. State the future interests:
(A) X has a vested remainder in fee simple absolute.
(B) X has a vested remainder, subject to open, in fee simple.
(C) X has a contingent remainder, subject to open, in fee simple absolute, Y has an alternative contingent remainder, subject to open, in fee simple absolute, and O has a reversion in fee simple.
(D) A’s children who survive A have a contingent remainder in fee simple, C’s children have an alternative contingent remainder in fee simple, and O has a reversion in fee simple.
13. O à To A for life, then to B and her heirs
Thereafter in 1980, AP enters adversely and possesses and
improves the property in an manner necessary to
satisfy the requirements of adverse possession.
In 1988, however, A transfers her interest to X. Assuming
the period prescribed by the statute of limitations is 10 years, state the
title in 1994:
(A) AP holds fee simple absolute.
(B) AP holds a life estate ofr the life of A, and B holds a vested remainder in fee simple.
(C) AP holds a life estate for the life of X, and B holds a vested remainder in fee simple.
(D) AP holds a life estate for the life of AP, and B holds a vested remainder in fee simple
(E) X holds a life estate for the life of A, B holds a vested remainder in fee simple, and AP’s interest will not vest until 1998.
18. Racquel owns the Arts Theater, a majestic old building built in the classic theater style. In 1990, the Valley Arts Association, a group of local artists, approached Raquel about renting the theater on a long term basis to use as a home for their local theater productions. The parties agreed to a five year term, with an option to extend the lease for another five years. When 1995 rolled around, all was well, and both parties agreed to extend the lease for another five years. In early 1998, however, a large portion of the plaster ceiling above the auditorium portion of the theater began to sag away from the ceiling joists. The Arts Association feared for the safety of the audience and canceled all shows until the ceiling could be fixed. Fixing the ceiling was quite expensive since the auditorium ceiling is over six floors high. When the Arts association approached Raquel, however, she refused to fix the ceiling, claiming that it was the tenant’s problem. The lease contains a clause which obligates the the tenant “to make any repairs which may become necessary to the interior of the theater.” An initial investigation indicates that the problem may be the result of a latent defect in the roof, although there is no evidence Racquel knew of it before now. Assuming the court applies the common law approach:
(A) The Arts Association is responsible for fixing the ceiling under the tenant’s duty to perform repairs.
(B) The Arts Association is not responsible for fixing the ceiling because the repair is beyond the scope of an ordinary repair.
(C) The Arts Association is not responsible for fixing the ceiling because the condition was caused by a latent defect.
(D) The Arts Association is not responsible for fixing the ceiling because the landlord is obligated to insure that the premises are fit for their intended purposes.
24. Assume the
following statute applies to the following fact pattern:
An action to recover the title to or possesson of real property shall be brought within twenty-one (21) years after the cause of action thereof accrued, but if a person entitled to bring such action, at the time the cause thereof accrues, is within the age of minority (i.e. under the age of eighteen (18) years), of unsound mind, or imprisoned, such person, after the expiration of twenty-one (21) years from the time the cause of action accrues, may bring such action within ten (10) years after such disability is removed.
Olivia owns Malibuacres. Anna enters Malibuacres adversely on January 1, 1970 and begins farming the land. On January 1, 1970, Olivia was ten (10) years old. In 1975, Olivia is convicted of a felony and sentenced to prison until 1995. Olivia dies in prison on January 1, 1990. Olivia dies intestate, and all of her property passes to Olivia’s only heir, Harold, who is 10 years old on January 1, 1990. Assuming Anna’s conduct otherwise satisfies the requirements for adverse possession, on what date did (or will) Anna acquire title through adverse possession?
(A) 1988.
(B) 1991.
(C) 2000.
(D) 2008.
Exam II
1. O à To A for life, then to B and her heirs if B gives A a proper funeral.
State the title:
(A) A has a life estate, and B has a vested remainder in fee simple.
(B) A has a life estate, and B has a contingent remainder in fee simple.
(C) A has a life estate, B has a contingent remainder in fee simple, and O has a reversion in fee simple.
(D) A has a life estate, O has a reversion in fee simple subject to an executory limitation, and B has a springing executory interest in fee simple.
3. O à To A for life, then to Dean of Res Ipsa Law School and his or her heirs.
A transfers A’s
interest to Dean Loquitor, the current dean of the Res
(A) Dean Loquitor has a fee simple absolute.
(B) Dean Loquitor has a life estate, and the Dean of Res Ipsa Law school at the time of A’s death has a vested remainder in fee simple absolute.
(C) Dean Loquitor has a life estate, the dean of the Res Ipsa Law School at the time of A’s death has a contingent remainder in fee simple, and O has a reversion in fee simple.
(D) Dean Loquitor has a life estate pur autre vie, the Dean of the Res Ipsa Law School at the time of A’s death has a contingent remainder in fee simple, and O has a reversion in fee simple.
Answers:
I.3: D
I.10: A
I.11: D
I.12: D
I.13: B
I.18: A
I.24: B
II.1: D
II.3: D
