Real Property - Multistate
Bar Enhanced Exam With
Accurate Questions and
Answers 2025/2026
Creation of joint tenancy - Correct Answers-C/l: conveyance to 2+ persons at
the same time, by same instrument, of the same interest, giving identical
right to possession of the property.
Modern: Joint tenancy disfavored and tenancy in common presumed for
conveyances to 2+ people, absent an express intention to create a right of
survivorship in the grant.
Doctrine of equitable conversion - Correct Answers-*Between Buyer and
Seller, no 3rd parties, .g. creitor*
Once a K is signed and each party is entitled to specific performance, equity
regards the purchaser as the owner of the real property and the seller's right
to the proceeds of sale as the seller's personal property.
The "bare legal title" that remains in the seller is considered to be "held in
trust" for the purchaser as security for the debt owned.
If the seller dies, the bare legal title passes to the takers of her real property,
who are required to pass title to the purchaser when the K closes via the
deed.
Lien theory vs. title theory - Correct Answers-Lien: majority, mortgage is a
lien on title and does not sever joint tenancy unless foreclosed & sold.
Title theory: minority, severs joint tenancy because a lien = transfer of title
Notice to terminate periodic tenancy of year-to-year+ - Correct Answers-C/l:
6mo
Res/bar preference: 1mo
All alterable by agreement
, General or common scheme doctrine - Correct Answers-Exception to rule
that the original promise re: equitable servitudes must be in writing
Rule: If a developer subdivides land and some deeds contain restrictive
covenants while others do not, restrictive covenants bind all parcels provided
that there is a common scheme of development and notice of the covenants.
The scheme must have arisen before the lot in question was sold. The
scheme must be evidenced by a recorded plat, a general pattern of
restrictions, or oral representations to early buyers.
Notice: Inquiry notice includes the fact that the neighborhood seems to
conform to the common restriction; record notice includes any prior deed in
grantee's chain of title that includes the covenant.
Two steps to conveyance of real estate - Correct Answers-1) Land K: conveys
equitable title; endures until deed [K law applies]
2) At closing, deed passes legal title and becomes operative document [Real
Property law applies]
SOF requirement - Correct Answers-Writing signed by party against whom
enforcement is sought that 1) IDs the parties, 2) describes the property 3)
states price of method of determination, e.g. appraisal
Remedy if K inaccurately describes the land - Correct Answers-Specific
performance with pro rata reduction in price
SOF Doctrine of Part Performance - Correct Answers-May enforce through
specific performance if oral K is certain and clear and partial performance (2
of 3):
1) Buyer has possession of property
2) Buyer has paid purchase price or significant portion
3) Buyer has made substantial improvements
Risk of loss - Correct Answers-Passes to buyer when K conveys equitable title
to the buyer, unless K has allocated differently.
Even if risk passes to buyer, seller's insurance coverage should be credited
against purchase price
Passage of title on death - Correct Answers-Buyer dies after K but before
closing: interest passes as real property to their estate
Seller dies: right to purchase price passes to estate as personal property
Bar Enhanced Exam With
Accurate Questions and
Answers 2025/2026
Creation of joint tenancy - Correct Answers-C/l: conveyance to 2+ persons at
the same time, by same instrument, of the same interest, giving identical
right to possession of the property.
Modern: Joint tenancy disfavored and tenancy in common presumed for
conveyances to 2+ people, absent an express intention to create a right of
survivorship in the grant.
Doctrine of equitable conversion - Correct Answers-*Between Buyer and
Seller, no 3rd parties, .g. creitor*
Once a K is signed and each party is entitled to specific performance, equity
regards the purchaser as the owner of the real property and the seller's right
to the proceeds of sale as the seller's personal property.
The "bare legal title" that remains in the seller is considered to be "held in
trust" for the purchaser as security for the debt owned.
If the seller dies, the bare legal title passes to the takers of her real property,
who are required to pass title to the purchaser when the K closes via the
deed.
Lien theory vs. title theory - Correct Answers-Lien: majority, mortgage is a
lien on title and does not sever joint tenancy unless foreclosed & sold.
Title theory: minority, severs joint tenancy because a lien = transfer of title
Notice to terminate periodic tenancy of year-to-year+ - Correct Answers-C/l:
6mo
Res/bar preference: 1mo
All alterable by agreement
, General or common scheme doctrine - Correct Answers-Exception to rule
that the original promise re: equitable servitudes must be in writing
Rule: If a developer subdivides land and some deeds contain restrictive
covenants while others do not, restrictive covenants bind all parcels provided
that there is a common scheme of development and notice of the covenants.
The scheme must have arisen before the lot in question was sold. The
scheme must be evidenced by a recorded plat, a general pattern of
restrictions, or oral representations to early buyers.
Notice: Inquiry notice includes the fact that the neighborhood seems to
conform to the common restriction; record notice includes any prior deed in
grantee's chain of title that includes the covenant.
Two steps to conveyance of real estate - Correct Answers-1) Land K: conveys
equitable title; endures until deed [K law applies]
2) At closing, deed passes legal title and becomes operative document [Real
Property law applies]
SOF requirement - Correct Answers-Writing signed by party against whom
enforcement is sought that 1) IDs the parties, 2) describes the property 3)
states price of method of determination, e.g. appraisal
Remedy if K inaccurately describes the land - Correct Answers-Specific
performance with pro rata reduction in price
SOF Doctrine of Part Performance - Correct Answers-May enforce through
specific performance if oral K is certain and clear and partial performance (2
of 3):
1) Buyer has possession of property
2) Buyer has paid purchase price or significant portion
3) Buyer has made substantial improvements
Risk of loss - Correct Answers-Passes to buyer when K conveys equitable title
to the buyer, unless K has allocated differently.
Even if risk passes to buyer, seller's insurance coverage should be credited
against purchase price
Passage of title on death - Correct Answers-Buyer dies after K but before
closing: interest passes as real property to their estate
Seller dies: right to purchase price passes to estate as personal property
