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Real Property II Final Exam, Barbri MBE questions, BUSI
MC Lesson 2, Rights in Real Property - Multiple Choice
Questions, prop questions Questions and Correct
Answers/ Latest Update / Already Graded
O executed a deed conveying a home to A, but did not deliver or record the
deed. O intended the home to be a gift to A, and thus there was no contract and
no consideration. Before O could deliver the deed, A died unexpectedly in an
accident. A's surviving spouse B learned of the deed and is claiming rights in the
home. Which one of the following is true?
A. B should win because of the doctrine of equitable conversion.
B. B should win because of rights to dower/curtesy and homestead.
C. O should win because a deed without a contract and consideration is void.
D. O should win because the deed was never delivered, and a deed to a deceased
grantee is void.
Ans: D
Owen wants to give his son Adam his property, but he wants to control the
timing of the conveyance. Which of the following is most likely to have created a
valid conveyance?
A. Owen gives Adam a deed that purports to give property in FSA immediately,
but Owen tells Adam that the deed will not be effective until next Jan. 1.
B. Owen gives Adam a deed that purports to transfer Adam the property in FSA
on Jan. 1 of next year.
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C. Owen places the deed in escrow and instructs the escrow agent to deliver the
deed to Adam on Jan. 1, unless the agent receives contrary instructions from
Owen before that time.
D. Owen places the deed in the office safe, which both Owen and Adam have
access to, the deed purporting to convey Adam the property in FSA. Owen says
"Don't record until Jan. 1."
Ans: B
Buyer and Seller entered into a purchase agreement for Seller's home. Buyer
inspected Seller's home and raised no issues, purchasing the home for $150,000
and receiving a quitclaim deed. After the sale, Buyer
became aware of a significant defect in the foundation that was not visible during
the inspection. Buyer sued for damages and Seller, an accountant, introduced
evidence proving that he had no knowledge of the foundation defect. Which one
of the following is most correct?
A. Buyer should win in Arkansas, which follows the common law rule.
B. Buyer should win in most states, because a seller has a duty to disclose a
material latent physical defect.
C. Buyer should lose, because Seller had no knowledge of the defect and was not
a builder vendor.
D. Buyer should lose, because a quitclaim deed carries with it no promises
Ans: C
A conveyed Blackacre to B with a general warranty deed in 2001. B Conveyed
Blackacre to C with a general warranty in 2002. C conveyed Blackacre to D with
a quitclaim deed in 2003. The statute of limitations is
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five years. In 2005, D was evicted from Blackacre by O, whose ownership
predated A's possession. Which one of the following is correct?
A. D can recover from A, B, and/or C for breach of both present and future
covenants.
B. D can recover from A and/or B for breach of both present and future
covenants, but not from C.
C. D can recover from A and/or B for breach of present, but not future
covenants, and not at all from C.
D. D can recover from A and/or B for breach of future, but not present,
covenants, and not at all from C.
Ans: D
The recording statute of the relevant state is as follows:
A conveyance of an interest in land shall not be valid against any other subsequent
purchaser for value, without actual notice thereof, unless the conveyance is
recorded.
Which one of the following is true, in a majority rule state?
A. The statute is race notice.
B. The statute protects judgment creditors.
C. The statute protects mortgagees.
D. The statute requires a grantee to record.
Ans: C
© 2025/ 2026 | ® All rights reserved
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In 1960, Owens, the owner of Blackacre, a large undeveloped tract, granted an
easement to Water District to install, maintain, repair and replace pipes within a
properly described strip of land 20 feet wide across Blackacre. The deed was
recorded and in 1961 the District installed a water main. In 1965, Owens sold
Blackacre to Peterson. Owens's deed failed to refer to the easement. Peterson
built a home and large formal garden area. Part of the latter covered the
easement strip. In 2012, the District proposed to excavate the entire length of
the main in order to repair and replace the main as necessary. The District
announced its plans and its intent to do as little damage as possible. Peterson
wants to seek an injunction against the District and asked his attorney for advice.
The best advice the attorney can give is that:
A. Peterson will succeed, because his deed did not mention the easement.
B. Peterson will succ
Ans: C
Allen owned Greenacre in fee simple on January 10. On that day Maria loaned
Allen $50,000 and Allen mortgaged Greenacre to Maria as security for the loan.
The mortgage was not recorded until January 18. Meanwhile, Allen conveyed
Greenacre to Barnes for a valuable consideration on January 11. Maria did not
know of this, nor did Barnes know of the mortgage to Maria, until both
discovered the facts on January 23, the day on which Barnes recorded Allen's
deed. The relevant statute of the jurisdiction provides "no unrecorded
conveyance or mortgage of real property shall be good against a subsequent
purchaser for value without notice, who shall first record." Maria sued Barnes to
establish that her mortgage was good against Greenacre. The court should decide
for:
A. Barnes, because he paid valuable consideration without notice before Maria
recorded.
© 2025/ 2026 | ® All rights reserved
Real Property II Final Exam, Barbri MBE questions, BUSI
MC Lesson 2, Rights in Real Property - Multiple Choice
Questions, prop questions Questions and Correct
Answers/ Latest Update / Already Graded
O executed a deed conveying a home to A, but did not deliver or record the
deed. O intended the home to be a gift to A, and thus there was no contract and
no consideration. Before O could deliver the deed, A died unexpectedly in an
accident. A's surviving spouse B learned of the deed and is claiming rights in the
home. Which one of the following is true?
A. B should win because of the doctrine of equitable conversion.
B. B should win because of rights to dower/curtesy and homestead.
C. O should win because a deed without a contract and consideration is void.
D. O should win because the deed was never delivered, and a deed to a deceased
grantee is void.
Ans: D
Owen wants to give his son Adam his property, but he wants to control the
timing of the conveyance. Which of the following is most likely to have created a
valid conveyance?
A. Owen gives Adam a deed that purports to give property in FSA immediately,
but Owen tells Adam that the deed will not be effective until next Jan. 1.
B. Owen gives Adam a deed that purports to transfer Adam the property in FSA
on Jan. 1 of next year.
© 2025/ 2026 | ® All rights reserved
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C. Owen places the deed in escrow and instructs the escrow agent to deliver the
deed to Adam on Jan. 1, unless the agent receives contrary instructions from
Owen before that time.
D. Owen places the deed in the office safe, which both Owen and Adam have
access to, the deed purporting to convey Adam the property in FSA. Owen says
"Don't record until Jan. 1."
Ans: B
Buyer and Seller entered into a purchase agreement for Seller's home. Buyer
inspected Seller's home and raised no issues, purchasing the home for $150,000
and receiving a quitclaim deed. After the sale, Buyer
became aware of a significant defect in the foundation that was not visible during
the inspection. Buyer sued for damages and Seller, an accountant, introduced
evidence proving that he had no knowledge of the foundation defect. Which one
of the following is most correct?
A. Buyer should win in Arkansas, which follows the common law rule.
B. Buyer should win in most states, because a seller has a duty to disclose a
material latent physical defect.
C. Buyer should lose, because Seller had no knowledge of the defect and was not
a builder vendor.
D. Buyer should lose, because a quitclaim deed carries with it no promises
Ans: C
A conveyed Blackacre to B with a general warranty deed in 2001. B Conveyed
Blackacre to C with a general warranty in 2002. C conveyed Blackacre to D with
a quitclaim deed in 2003. The statute of limitations is
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five years. In 2005, D was evicted from Blackacre by O, whose ownership
predated A's possession. Which one of the following is correct?
A. D can recover from A, B, and/or C for breach of both present and future
covenants.
B. D can recover from A and/or B for breach of both present and future
covenants, but not from C.
C. D can recover from A and/or B for breach of present, but not future
covenants, and not at all from C.
D. D can recover from A and/or B for breach of future, but not present,
covenants, and not at all from C.
Ans: D
The recording statute of the relevant state is as follows:
A conveyance of an interest in land shall not be valid against any other subsequent
purchaser for value, without actual notice thereof, unless the conveyance is
recorded.
Which one of the following is true, in a majority rule state?
A. The statute is race notice.
B. The statute protects judgment creditors.
C. The statute protects mortgagees.
D. The statute requires a grantee to record.
Ans: C
© 2025/ 2026 | ® All rights reserved
, 4 | Page
In 1960, Owens, the owner of Blackacre, a large undeveloped tract, granted an
easement to Water District to install, maintain, repair and replace pipes within a
properly described strip of land 20 feet wide across Blackacre. The deed was
recorded and in 1961 the District installed a water main. In 1965, Owens sold
Blackacre to Peterson. Owens's deed failed to refer to the easement. Peterson
built a home and large formal garden area. Part of the latter covered the
easement strip. In 2012, the District proposed to excavate the entire length of
the main in order to repair and replace the main as necessary. The District
announced its plans and its intent to do as little damage as possible. Peterson
wants to seek an injunction against the District and asked his attorney for advice.
The best advice the attorney can give is that:
A. Peterson will succeed, because his deed did not mention the easement.
B. Peterson will succ
Ans: C
Allen owned Greenacre in fee simple on January 10. On that day Maria loaned
Allen $50,000 and Allen mortgaged Greenacre to Maria as security for the loan.
The mortgage was not recorded until January 18. Meanwhile, Allen conveyed
Greenacre to Barnes for a valuable consideration on January 11. Maria did not
know of this, nor did Barnes know of the mortgage to Maria, until both
discovered the facts on January 23, the day on which Barnes recorded Allen's
deed. The relevant statute of the jurisdiction provides "no unrecorded
conveyance or mortgage of real property shall be good against a subsequent
purchaser for value without notice, who shall first record." Maria sued Barnes to
establish that her mortgage was good against Greenacre. The court should decide
for:
A. Barnes, because he paid valuable consideration without notice before Maria
recorded.
© 2025/ 2026 | ® All rights reserved
