1. Owen owned a small isolated tract of land called Green Acres near a beautiful mountain lake that was accessible only during the summer months. In July 2000, Owen gave Adler oral permission to camp on Green Acres for "the month of July, but that's it." Adler liked the isolated spot so much he built a cabin on the land, fenced in the tract, and stayed there during the summer months for the next 10 years. He did not tell Owen, nor did Owen ever visit the tract as he lived in another state. Adler continued to spend three months during the summer season in the cabin, until 2010, when Adler sold the cabin to Sara by a deed conveying "all I own and whatever I own in Green Acres to Sara." Sara stayed in the cabin for three months every summer, until she died in September 2017, leaving her son Sam as her only heir. Owen died in January 2018. After Owen's heirs visited the tract, they sued to have the cabin and tract of land called Green Acres declared theirs. The period to acquire title by adverse possession in the jurisdiction is 15 years, and the jurisdiction allows tacking. How should the court rule?

Question 1 options:

a)	The cabin and the tract of land called Green Acres belong to Owen's heirs.

b)	The cabin belongs to Owen's heirs as an improvement on the property and tract of land called Green Acres belongs to Sam.

c)	The cabin and tract of land belong to Owen's heirs because Adler did not possess legal title when he transferred "all I own and whatever I own in Green Acres to Sara."

d)	The cabin and tract of land called Green Acres belong to Sam

2. Zach holds a life estate in a small piece of property containing a single family home valued at $100,000. Last year, the city constructed a football stadium on the large vacant lot next to his property. While the stadium is only used seven Sundays each year for football, the city also stages large concerts, cage-fighting events and motorcycle races on a regular weekly basis. The crowds, noise, and cars have become unbearable for Zach and he can no longer live in his home. He decides to tear down the home, and put up a parking lot on his property. Parking revenues in the first year of operation easily exceeded the $100,000 the home was worth originally

Would an action brought by the remainder person against Zach for waste be successful in a jurisdiction which follows the modern approach to life tenants and ameliorative waste?

Question 2 options:

a)	No, because Zach committed voluntary waste in a jurisdiction which follows the modern approach to issues of waste in a life tenancy.

b)	No, because Zach committed permissive waste in a jurisdiction which follows traditional common law approaches to issues of waste in a life tenancy.

c)	No, because Zach committed ameliorative waste in a jurisdiction which follows the modern approach to issues of waste in a life tenancy.

d)	No because Zach committed ameliorative waste in a jurisdiction which follows traditional common law approaches to issues of waste in a life tenancy.

3. After a night of passion, a man gave his girlfriend a deed to a parcel of land he owned in a nearby resort. The girlfriend thanked the man in a very sarcastic tone of voice and left the paper on his dresser. Assuming she had refused the gift, the man offered the land to his spiritual guide. When the guide saw the deed with his name on it, he explained that his religious order required that all property be held in common. The man said he would have the grantee's name changed, but he then died intestate shortly thereafter. As the man's attorney was preparing paperwork to transfer the land to the man's only heirhis second cousin, twice removedthe girlfriend came forward and said that she was the owner of the land. She said she had only left the deed with the man for safekeeping. The spiritual guide also claimed that he had not refused the property. He had only meant the title had to be in the name of his religious order, not his own. The attorney filed an action in the probate court asking for a declaratory judgment regarding title to the land. What is the mostly likely response from the court?

Question 3 options:

a)	The spiritual guide's religious order is entitled to the land.

b)	The spiritual guide is entitled to the land.

c)	The girlfriend is entitled to the land.

d)	The second cousin, twice removed, is entitled to the land.

4. O conveys his townhouse by deed in New York City "to my favorite nephew, Sid, to have and to hold for his lifetime, and at his death to be equally divided among my grandchildren, then living."

At Sid's death, O has two grandchildren then living, Alden and Beauregard. What choice most accurately describes the estate Alden and Beauregard take under take under this deed?

Question 4 options:

a)	A fee simple absolute

b)	A remainder in fee simple absolute as joint tenants

c)	A remainder in fee simple absolute as tenants in common

d)	A reversion in fee simple absolute.

5. Boris Borrows owns a million-dollar home on Catbird Island. The home is subject to a $800,000 mortgage, payable in monthly payments of principal and interest, with an acceleration clause from Luxury Home Lenders. Boris falls three months behind on his mortgage payments to Luxury Home Lenders, which brings a foreclosure action. The day before the date set for the foreclosure sale, Boris comes up with the money to pay off the three months in late payments and tells Luxury Home Lenders he wants to redeem the mortgage. Luxury Home Lenders refuses to accept Boris's late payments and tells him it will not terminate the foreclosure action. What is the most accurate statement of Boris's legal rights.

Question 5 options:

a)	Boris does not have the right to redeem the mortgage by paying off the three late monthly payments having gone into default under the acceleration clause.

b)	Luxury Home Lenders has the right to redeem the mortgage but must make reasonable efforts in securing a fair price at the foreclosure sale under the acceleration clause.

c)	Luxury Home Lenders does not have the right to foreclose on the mortgage under the acceleration clause

d)	Boris has the right to exercise his equity of redemption and pay off the the three late monthly payments on the mortgage to stop the foreclosure sale from going forward.

6. An apartment building owner's best friend needed a place to live. The owner agreed in a signed writing to let her friend live in Apartment A as long as he drove the owner's son, to school. The friend moved into Apartment A and immediately began driving the owner's son to school. Two years later, the friend got a temporary job for two months in another state and signed a sublease of his interest in Apartment A to owner's brother for those two months, thinking owner would not mind as friend intended to return to the apartment and resume his duties in such a short period of time. The owner's brother agreed to drive the owner's son to school during those two months. The apartment building owner, however, was estranged from her brother and did not want her brother in the apartment or driving her son to school, and demanded the brother leave. The owner now intends to rent Apartment A to her cousin at the end of the month. When the friend finds out, he contacts owner and tells her he will return immediately to resume his tenancy in Apartment A and will also continue to drive her son to school.

Will the friend be able to resume his tenancy in Apartment A, or will owner be able to rent Apartment A to her cousin?

Question 6 options:

a)	Friend will be able to resume his tenancy in Apartment A because there is no privity of estate between owner and owner's brother in a sublease. Owner will not be able to rent Apartment A to her cousin.

b)	Friend will not be able to resume his tenancy in Apartment A because friend terminated his tenancy by attempting to sublet to owner's brother. Owner will be able to rent Apartment A to her cousin.

c)	Friend will be able to resume his tenancy because the brother agreed to drive the owner's son to school. Owner will not be able to rent Apartment A to her cousin.

d)	Friend will not be able to resume his tenancy in Apartment A because subleases are not valid on a periodic tenancy. Owner will be able to rent Apartment A to her cousin by assigning friends rights under the lease to cousin.

7. The Aquarium Foundation has rented rooms for 3 days at a mountain retreat center to conduct a meditation workshop. On the first day of the workshop, the mountain retreat center's owner leases out the retreat center's meeting hall adjoining the rooms rented by the Aquarium Foundation to an organization sponsoring a national hog-calling competition. Utilizing the mountain retreat's Dolby sound system with 8 giant speakers and 1,000 watt amplifier, the hog-calling competition is so loud and annoying that the Aquarian Foundation immediately cancels the rest of the meditation workshop, packs up the workshop's attendees in a Volkswagen Bus, and refuses to pay the agreed upon rental rate. The Aquarium Foundation's BEST theory in a suit for 3 days rent brought by the mountain retreat center's owner is:

Question 7 options:

a)	Rent is excused because the landlord has violated the warranty of quiet enjoyment incorporated into every lease.

b)	Rent is excused because the landlord has violated the implied warranty of habitability.

c)	Rent is excused because a constructive eviction has been caused by the landlord's knowing actions.

d)	Rent is excused under a theory of frustration of purpose.

8. Peter has owned property in a relatively undeveloped area near the top of Big Rock Mountain for many years. Six years ago, Cellular Company erected a cell phone transmission tower on Big Rock Mountain not far from Peter's property. Four years ago, Peter built a cabin on his property and began to spend most of his free time there engaging in bird watching and other outdoor activities.

Last year, Cellular Company leased space on the tower for an emergency alert siren and agreed to install the siren and to test it regularly. The site was chosen because it allows the siren's warning to carry farther than from any other site. Cellular Company promptly installed the siren. Since its installation, it has tested the siren for a five-minute period weekly. The resulting sound is so loud as to cause Peter to stop whatever he is doing and cover his ears. It also greatly reduces the local bird population.

Two months ago, Peter sent a letter to Cellular Company outlining the effects of the siren and demanding that it cease its activities. Cellular Company has not responded to Peter's demand. Which of the following statements is most accurate?

Question 8 options:

a)

Peter's nuisance claim will fail because despite the fact that the siren interferes with his use and enjoyment of his land, the siren is a benefit to the public and by testing the siren weekly for five minute intervals the Cellular Company ensures the siren works in case of an emergency; further the location ensures the siren's warning reaches farther than from any other site.

b)	Peter can bring a nuisance claim against Cellular Company because the sound of the siren is so loud as to cause Peter to stop whatever he is doing and cover his ears. It also greatly reduces the local bird population and thus also interferes with the use and enjoyment of his land for bird watching.

c)	Peter's nuisance claim will fail because by building his cabin after the Cellular Company erected a cell phone transmission tower on Big Rock Mountain, he came to the nuisance.

d)	Peter cannot bring a nuisance claim against Cellular Company unless the Attorney General in his state supports his position.

9. Gambler Realty Company owns 86 acres in the recently incorporated Village of Pythagoras. The Pythagoras Town Council enacted a zoning ordinance, which divided the land in the village into various classes of use, height, and area districts. The ordinance does not permit apartment houses, hotels, churches, schools or other public or semi-public buildings on any of Gambler's newly zoned lots. However, the zoning on Gambler's lots does allow for light industrial uses, theatres, banks and shops. The effect of the new zoning code prohibiting residential construction on Gambler's lots is to devalue the average price of a lot by 40-50%. Gambler files suit in district court challenging the enforcement of the ordinance as being a deprivation of liberty and property without due process of law and a denial of equal protection of the laws in violation of the Fourteenth Amendment to the United States Constitution. Following relevant U.S. Supreme Court binding precedents, what is the trial court MOST likely to hold with respect to Gambler's claims?

Question 9 options:

a)	The ordinance is a constitutional exercise of the eminent domain power.

b)	The ordinance goes too far and constitutes an unlawful taking under the U.S. Constitution.

c)	The Village must show the restriction imposed on Gambler's lots were designed to prevent a a nuisance.

d)	The ordinance is a constitutional exercise of the police power.

10. According to Justice Scalia's opinion for the U.S. Supreme Court in Lucas v. South Carolina Coastal Commission, which of the following actions by the State would MOST LIKELY entitle a landowner to just compensation?

Question 10 options:

a)	The owner of a lake bed has been denied the requisite permit by the State to engage in a landfilling operation that would have the effect of flooding others' land.

b)	The State directs the owner of an apartment house to allow the permanent physical occupation of a cable television box on an outside wall of her apartment building.

c)	The corporate owner of a nuclear generating plant is directed by the State to remove all improvements from its land upon discovery that the plant sits astride an earthquake fault.

d)	The State prohibits the erection of any habitable or productive improvements on privately owned land based on a judicial finding that the use constitutes a nuisance under State law.