Property Practice Exam Questions

1. 1.At conveyance (2010): Alice has a life estate. Bob has a contingent remainder in fee simple absolute (contingent on graduating from law school). Carol has an alternative contingent remainder in fee simple absolute. Owen has a reversion (implicit, in case neither remainder vests).
2. 2.Rule Against Perpetuities: Bob's interest must vest or fail within a life in being plus 21 years. Alice and Bob are lives in being. Bob's interest is contingent on graduating law school, which will be determined during Bob's lifetime. Valid. Carol's interest is also contingent and will be resolved by Alice's death. Valid.
3. 3.In 2013 (Bob graduates): Bob's contingent remainder vests into an indefeasibly vested remainder in fee simple absolute. Carol's alternative contingent remainder is destroyed because the condition (Bob not graduating) can no longer occur.
4. 4.In 2020 (Bob conveys to Dave): Bob has a vested remainder in fee simple absolute, which is freely alienable. Dave now holds the vested remainder in fee simple absolute.
5. 5.In 2023 (Alice dies): The life estate ends. Dave's vested remainder becomes possessory. Dave owns Blackacre in fee simple absolute.

1. 1.Anti-assignment/sublease clause: The lease prohibits subletting without written consent. Tenant violated this provision. However, many jurisdictions imply a requirement that the landlord's consent not be unreasonably withheld (Kendall v. Ernest Pestana). If the jurisdiction follows this rule, Landlord's unreasonable refusal may be ineffective.
2. 2.Waiver by acceptance of rent: Landlord accepted three months of rent payments knowing they came from SubTenant's occupancy. This may constitute a waiver of the anti-sublease clause or an implied consent. Courts examine whether the landlord's conduct reasonably led the tenant to believe consent was given.
3. 3.Sublease vs. assignment: If Tenant transferred the entire remaining lease term, it is an assignment. If Tenant retained a reversionary interest (less than the full remaining term), it is a sublease. This distinction matters for privity of estate and Landlord's ability to sue SubTenant directly.
4. 4.Tenant's liability: Tenant remains in privity of contract with Landlord and is liable for all lease obligations, including damage caused by SubTenant. The sublease does not release Tenant from the original lease obligations.
5. 5.SubTenant's rights: If waiver is found, SubTenant has a right to remain for the sublease term. If no waiver, Landlord may evict SubTenant for the lease violation.
6. 6.Damages: Landlord can recover from Tenant under the lease. Whether Landlord can recover directly from SubTenant depends on whether there is privity of estate (assignment) or only a sublease.

Correct Answer: C

B had a contingent remainder (contingent on surviving A). When B predeceased A, the condition could never be met, and B's contingent remainder was destroyed. Upon A's death, the life estate ended and no remainder was available to take possession. The property reverts to the grantor (or the grantor's heirs) through the grantor's reversion.

Correct Answer: B

A prescriptive easement is established by open, continuous, hostile (without permission), and notorious use for the statutory period. The landowner's 25 years of use exceeds the 20-year statutory period and satisfies all elements. Adverse possession requires exclusive possession, which is not established merely by using a path (the neighbor retained use of the land). Easement by necessity and by implication require common ownership, which is not present here.

Correct Answer: B

The changed conditions doctrine allows a court to refuse enforcement of a restrictive covenant when conditions in the neighborhood have changed so substantially that the covenant can no longer achieve its original purpose. The commercial rezoning and development of surrounding areas may satisfy this standard. However, courts apply this doctrine narrowly and typically require changes within the restricted area, not merely surrounding areas.