Exam Rules - Real Property

Question 1

What is a shifting executory interest

Answer 1

Cuts short a prior estate created in the same conveyance, so the estate shifts from one grantee to another grantee upon the happening of a condition

Question 2

What is a springing executory interest

Answer 2

Divests the grantor’s interest or fills a gap in possession in which the estate reverts to the grantor

Question 3

What do VA courts consider in a partition action

Answer 3

(i) collective duration of ownership, (ii) sentimental attachment, (iii) lawful use and harm of ceasing use, (iv) contributions, and (v) any other relevant factor

Question 4

Can landlords charge late fees on rent

Answer 4

Landlord cannot charge fee for late payment unless the charge is provide for in the rental agreement and does not exceed 10% of the periodic rental payment

Question 5

What does the writ of habitability encompass

Answer 5

(i) housing codes, (ii) necessary repairs, (iii) maintenance of essentials such as electricity, running and hot water, and (iv) prevention of mold

Question 6

Part performance in VA

Answer 6

(i) the parol agreement is certain and definite, (ii) the part performance was pursuant to the agreement, and (iii) the refusal to execute the full agreement would operate as a fraud upon the performing party

Question 7

What is the statutory period for adverse possession

Answer 7

15 years

Question 8

What is the statutory period for easement by prescription

Answer 8

20 years

Question 9

What are the requirements for an easement by prescription

Answer 9

Continuous Hostile Open Actual

Question 10

Requirements for express equitable servitude

Answer 10

(WINT) Writing, Intent, Notice, Touch/concern

Question 11

Requirements for implied equitable servitude

Answer 11

(INT) Intent (common scheme), Negative servitude Touch/concern

Question 12

Requirements for real covenant that BURDENS

Answer 12

Writing, Intent, Touch/Concern, Horizontal/vertical privity, Notice