Question 1
Which statement best distinguishes joint tenancy from tenancy in common?
Correct Answer:
All of the above.
Explanation:
The key idea is how joint tenancy differs from tenancy in common in survivorship, the requirements to create the ownership, and how shares can be arranged. In a joint tenancy, there is a right of survivorship: when one owner dies, that deceased owner’s interest passes automatically to the surviving co-owners, not to the deceased owner’s heirs. In tenancy in common, there is no survivorship, so the deceased owner’s share goes to heirs or as provided by a will. Creating a joint tenancy also requires four unities: time, title, interest, and possession. All co-owners must acquire their interests at the same time, through the same instrument, with identical ownership rights, and they must all have a right to possess the whole property. Tenancy in common does not require all four unities, so co-owners can take title at different times, by different instruments, with different interests, yet still share possession. Finally, tenancy in common can accommodate unequal shares, while joint tenancy typically involves equal shares (absent a clear provision to the contrary). Since all these points can be true, the combined statement is the best description of how joint tenancy and tenancy in common differ.
Question 2
A covenant to maintain a stone retaining wall between two adjacent parcels was created in 1959 and later abandoned when owners dismantled the wall. How is the covenant terminated?
Correct Answer:
Abandonment
Explanation:
Abandonment is how a covenant that runs with the land can end. When the party who benefits from a promise stops enforcing it and acts in a way that shows they don’t intend to keep it, the covenant can be treated as terminated. Dismantling the stone wall is a clear, tangible act that signals an intention to abandon the obligation to maintain it. Once abandonment is established, the covenant stops binding future owners. Long periods of nonuse alone don’t automatically terminate a covenant; there must be evidence of an intent to relinquish the burden and take actions consistent with that intent. Here, the owners’ dismantling of the wall demonstrates that intent, making termination by abandonment the best match.
Question 3
In a fee simple determinable, what future interest does the grantor hold?
Correct Answer:
Possibility of reverter
Explanation:
When a grant of property is a fee simple determinable, the grantor retains a future interest that automatically follows the condition. This interest is called the possibility of reverter. The language like “so long as,” “during,” or “while” creates a present estate that ends automatically when the stated condition occurs, and the property reverts to the grantor without any action. The grantor’s future interest is specifically the possibility of reverter, which distinguishes determinable fees from other arrangements. For example, if the deed says, “to A, so long as the property is used for a library,” and the property ceases to be used as a library, ownership automatically returns to the grantor. This automatic reversion is the hallmark of a possibility of reverter. The other potential future interests—right of entry (needed to reclaim under a condition later breached), remainder (a future interest in someone else that becomes possessory after the prior estate ends), and reversion (the grantor’s return of property in other non-determinable situations)—do not apply here.
Question 4
How long does a properly filed judgment lien last under the described statute?
Correct Answer:
10 years
Explanation:
A judgment lien on real property has a finite life set by statute. Under the described statute, a properly filed judgment lien remains on the debtor’s real property for ten years from the date it is recorded. This 10-year term gives creditors a workable window to enforce the judgment while preventing indefinite encumbrance on property. If the lien is renewed before it expires, its term can often be extended for an additional period, but the base duration is ten years. The other options don’t match the standard 10-year period described.
Question 5
Which of the following is typically included in a general warranty deed?
Correct Answer:
Against encumbrances only
Explanation:
A general warranty deed typically carries a bundle of covenants that guarantee title to the grantee. The essential promises include seisin (the grantor actually owns the estate and has the right to convey it), the right to convey (the grantor has authority to pass title), against encumbrances (there are no undisclosed liens or other encumbrances), quiet enjoyment (the grantee won’t be disturbed by claims of others to the title), and further assurances (the grantor will take steps to fix title if problems later arise). In addition, the deed usually contains a habendum clause to define the extent of the estate being granted. Since these covenants together describe the typical assurances in a general warranty deed, the option listing multiple covenants best captures what is normally included. The other choices are too narrow or focus on only one aspect (or on habitually included language like habendum rather than the covenants).
Question 1
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Prepare with the MBE Real Property Practice Test practice quiz. This question bank includes 10 questions covering deed, warranty, buyer, covenant, and tenancy. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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MBE Real Property Practice Test

This practice set contains 10 questions from the matching question bank and focuses on deed, warranty, buyer, covenant, and tenancy. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

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