MBE test 1 Real Property

Question 1

When is title of an otherwise valid deed considered transferred?

Answer 1

Upon delivery to recipient or agent

Question 2

Can a fe simple determinable with a use limitation be transferred as a marketable title?

Answer 2

NO, and once the grantee has stopped using the land for that purpose, the possibility of reverter activates and the grantee cannot convey title.

Question 3

Is a grantee personally liable for a mortgage on the property?

Answer 3

If they DO NOT assume the mortgage, and simply take subject to it, they are not personally liable for the debt

Question 4

Duty to disclose?

Answer 4

If no statute and no clause in the contract, no duty. Even if a statute exists, extends only to known defects

Question 5

Duty to carry insurance in a land contract?

Answer 5

Absent a provision, neither party has the duty. Under Equitable conversion, risk of loss is placed on the equitable owner of the property (if K signed, then the buyer)

Question 6

Estoppel by Deed?

Answer 6

If grantor conveys title to real
property before he owns it, the title will automatically
vest in the grantee as soon as grantor acquires title.

Question 7

License specifics?

Answer 7

Not subject to statute of frauds, and if nothing expended pursuant to agreement, can be revoked

Question 8

Statutory length average for Adverse possession?

Answer 8

10 years (can be aggrogated among parties, e.x. the man who then willed interest to his sister, who sold it)_

Question 9

Constructive Adverse Possession is applicable when…

Answer 9

The possessor is acting under color of title (instrument purporting to be a deed) otherwise only has AP claim to tract of land USED

Question 10

Does a Right of first refusal violate CL RAP?

Answer 10

IT COULD so yes, becuase it is conditioned on the decision to sell, which could occur outside of the 21 years after a life in being at the time the right was granted so under CL it is ab initio struck

Question 11

Can a land contract trigger a mortgage’s due on sale clause?

Answer 11

YES

Question 12

Presumption of an anti-lapse statute?

Answer 12

NO NEVER

Question 13

When does title insurance survive beyond closing?

Answer 13

It continues to protect the owner if the owner is ever successfully sued on a title covenant in a future conveyance

Question 14

Zoning Variance

Answer 14

Permits a waiver from a zoning requirement. Will be granted when an owner convinces the board that without the variance the owner would suffer a hardship regarding use of land

Question 15

What if the Seller dies during the executory time period?

Answer 15

If the seller leaves a will that devises the real estate to one person, and the persoanlty to another, and the K contained no contingencies or all have been satisfied, equitable conversion applies

Question 16

Warranty Deed Covenants?

Answer 16

Present: Seisen, conveyance, and against encumberences
Future: 
Quiet enjoyment, 
Warranty,
Further assurances

Question 17

Warranty against Encumberences

Answer 17

There is no outstanding right or interest in a 3rd party which does not totally negate the title the grantor purports to convey

Question 18

Do easements result in a breach from which damages may be recovered?

Answer 18

Courts are divided in cases where the easements are plain & obvious to the plaintiff

Question 19

Implied warranty of new homes

Answer 19

That home is free of construction defects,