I85PREP
⌘ K
NC Real Property Specialist study materials
NC Real Property Specialist study resources

NC Real Property Specialist practice questions

One question at a time. Build your NC Real Property Specialist understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Real Property Law and Principles

In North Carolina, which type of deed carries the broadest warranties from the grantor to the grantee?

  1. Special warranty deed
  2. General warranty deed Correct answer.
  3. Quitclaim deed
  4. Trustee's deed

Explanation

A general warranty deed contains the full set of statutory covenants, including seisin, right to convey, freedom from encumbrances, quiet enjoyment, and further assurances, and it covers defects arising during the entire chain of title. A special warranty deed limits those covenants to the grantor's own period of ownership.

Question 2Real Property Law and Principles

A buyer and seller orally agree on a price for a vacant lot, and the seller hands the buyer a signed receipt for a deposit. Under North Carolina law, is the agreement enforceable?

  1. Yes, because part performance removes any writing requirement
  2. Yes, because the deposit receipt is a signed writing
  3. No, because all real estate contracts require notarization to be enforceable
  4. No, because contracts for the sale of land must be in a writing signed by the party to be charged that contains the essential terms Correct answer.

Explanation

North Carolina's statute of frauds requires that a contract to convey an interest in land be evidenced by a writing signed by the party to be charged and stating the essential terms, including the parties, the property, and the price. A deposit receipt lacking those terms does not satisfy the requirement.

Question 3Real Property Law and Principles

Which North Carolina statutory covenant in a warranty deed assures the grantee that the grantor has the lawful right to convey the property?

  1. Covenant of right to convey Correct answer.
  2. Covenant of quiet enjoyment
  3. Covenant against encumbrances
  4. Covenant of further assurances

Explanation

The covenant of right to convey is one of the statutory present covenants and assures the grantee that the grantor has authority to make the transfer. The covenant of seisin is its companion present covenant regarding title ownership.

Question 4Real Property Law and Principles

A landowner dies intestate survived by a spouse and two children from that marriage. Under North Carolina intestate succession, how is the real property distributed?

  1. The spouse takes the entire estate
  2. The spouse takes one-third and the children share two-thirds
  3. The spouse takes one-half and the children share one-half Correct answer.
  4. The children take the entire estate and the spouse receives nothing

Explanation

Under North Carolina intestate succession, when the decedent is survived by a spouse and one or more children (or their descendants), the spouse receives one-half of the estate and the remaining one-half passes to the children in equal shares. Real property passes by intestate succession in the same manner as personal property.

Question 5Real Property Law and Principles

A property owner grants a neighbor the right to cross the owner's land to reach a public road, and the right is tied to the neighbor's use of the adjacent parcel. What interest has been created?

  1. A license
  2. An easement in gross
  3. A profit a prendre
  4. An easement appurtenant Correct answer.

Explanation

An easement appurtenant benefits a particular parcel of land (the dominant estate) and burdens another (the servient estate), and it passes with the land. Because the crossing right is tied to the neighbor's use of the adjacent parcel, it is appurtenant.

Question 6Real Property Law and Principles

A seller agrees to sell a tract to a buyer, and the closing is set for 45 days later. The buyer wants assurance that the seller will not convey the property to someone else before closing. What should the buyer record?

  1. A mechanic's lien
  2. A lis pendens
  3. A memorandum of the contract or a notice of the contract Correct answer.
  4. A satisfaction of mortgage

Explanation

Recording a memorandum or notice of the purchase contract gives constructive notice of the buyer's equitable interest and clouds the title so the seller cannot convey to a third party free of that interest. It protects the buyer's rights pending closing.

Question 7Real Property Law and Principles

Which North Carolina recording statute governs priority between a prior unrecorded deed and a later purchaser who takes without notice?

  1. A tract index statute
  2. A race-notice statute Correct answer.
  3. A notice statute
  4. A pure race statute

Explanation

North Carolina uses a race-notice recording statute, meaning a subsequent purchaser prevails over an earlier unrecorded conveyance only if the purchaser takes without notice and records first. The purchaser must both lack notice and win the recording race.

Question 8Real Property Law and Principles

A homeowner grants a mortgage to a lender. In North Carolina, what is the lender's typical remedy if the borrower defaults and the deed of trust is foreclosed?

  1. The lender must accept the property in full satisfaction of the debt
  2. The property is sold at a foreclosure sale, and the lender may seek a deficiency judgment subject to statutory limits Correct answer.
  3. The borrower retains title but must pay the lender's attorney fees
  4. The lender automatically takes title by strict foreclosure

Explanation

North Carolina foreclosures are ordinarily conducted under a power of sale in a deed of trust, with the trustee selling the property at public auction. The lender may pursue a deficiency judgment, but the amount is limited by the property's fair market value at the time of sale and other statutory protections.

Question 9Real Property Law and Principles

A tenant signs a one-year lease at a fixed monthly rent. The landlord sells the building mid-term. What is the effect of the sale on the tenant's lease?

  1. The lease converts to a month-to-month tenancy
  2. The lease continues, and the new owner takes subject to its terms Correct answer.
  3. The lease terminates on the date of sale
  4. The lease is void unless the tenant re-signs with the new owner

Explanation

A leasehold is an interest in land, and a sale of the property does not terminate an existing lease. The purchaser takes title subject to the lease and succeeds to the landlord's rights and obligations for the balance of the term.

Question 10Real Property Law and Principles

A married couple owns a home as tenants by the entirety. One spouse dies. What happens to the deceased spouse's interest?

  1. It passes to the deceased spouse's heirs by intestacy
  2. It escheats to the State of North Carolina
  3. It passes according to the deceased spouse's will
  4. It passes to the surviving spouse by operation of law Correct answer.

Explanation

Tenancy by the entirety includes a right of survivorship, so when one spouse dies the surviving spouse takes the whole property by operation of law. The interest does not pass through the deceased spouse's will or intestate estate.

Question 11Real Property Law and Principles

Two unmarried investors own a rental property as joint tenants with right of survivorship. One investor conveys her interest to a third party. What is the result?

  1. The joint tenancy continues with the third party as a joint tenant
  2. The conveyance is void because joint tenancy interests cannot be transferred
  3. The entire property becomes owned by the remaining joint tenant
  4. The joint tenancy is severed as to the conveyed share, creating a tenancy in common Correct answer.

Explanation

A conveyance by one joint tenant severs the joint tenancy with respect to the conveyed share, and the transferee holds as a tenant in common with the remaining owners. The right of survivorship is destroyed as to that share.

Question 12Real Property Law and Principles

A developer records a subdivision plat that imposes uniform setback and use restrictions on every lot. What is the nature of these restrictions?

  1. Easements by prescription
  2. Equitable servitudes enforceable only against the original developer
  3. Zoning ordinances adopted by the county
  4. Restrictive covenants running with the land Correct answer.

Explanation

When a common scheme of development exists and restrictions are recorded, the covenants run with the land and bind subsequent purchasers who take with notice. Setback and use limits are typical restrictive covenants.

Question 13Real Property Law and Principles

A neighbor has openly crossed a landowner's parcel for hunting access for more than 20 years without permission. Under North Carolina law, what interest may the neighbor claim?

  1. Fee simple title by adverse possession
  2. A license that is now irrevocable
  3. A prescriptive easement Correct answer.
  4. An easement by necessity

Explanation

North Carolina recognizes prescriptive easements where use is open, notorious, adverse, continuous, and uninterrupted for the statutory period, generally 20 years. The use must be without the owner's permission.

Question 14Real Property Law and Principles

A seller of a home fails to disclose a known defective foundation that is not visible to a buyer. Under North Carolina's Residential Property and Owners' Association Disclosure Statement, what is the seller's obligation?

  1. The seller must complete a disclosure statement identifying known material defects Correct answer.
  2. The seller must disclose only defects that have already caused injury
  3. The seller must warrant the home against all defects for one year
  4. The seller has no duty because the sale is caveat emptor

Explanation

North Carolina requires sellers of most residential property to furnish a disclosure statement identifying known material defects and other specified conditions. The duty reaches known defects even if they are not readily observable.

Question 15Real Property Law and Principles

A buyer obtains a loan secured by a deed of trust. Which document typically evidences the borrower's personal obligation to repay the debt?

  1. The deed of trust
  2. The settlement statement
  3. The promissory note Correct answer.
  4. The title insurance policy

Explanation

The promissory note is the contract in which the borrower promises to repay the loan. The deed of trust is the security instrument that conveys a power of sale to the trustee if the borrower defaults.

Question 16Real Property Law and Principles

Under North Carolina law, which of the following is required for a valid deed?

  1. Recording in the county registry before delivery
  2. Acknowledgment by two witnesses
  3. The grantor's signature, a description of the property, and delivery to the grantee Correct answer.
  4. The grantee's signature and notarization

Explanation

A valid deed requires a competent grantor, an identifiable grantee, a description of the property, words of grant, the grantor's signature, and delivery. Recording is not required for validity between the parties, though it is necessary to protect against later purchasers.

Question 17Real Property Law and Principles

A property is conveyed "to A for life, then to A's children who survive A." What type of interest do A's children hold during A's lifetime?

  1. A reversion
  2. A vested remainder
  3. A contingent remainder Correct answer.
  4. A life estate pur autre vie

Explanation

The children's remainder is contingent because they are unascertained until A dies, since the class is defined by survivorship. A contingent remainder becomes possessory only when the condition is satisfied.

Question 18Real Property Law and Principles

A landowner dies leaving a valid will that devises real property to a beneficiary. What must the personal representative generally do to transfer title?

  1. Do nothing, because title passes automatically at death
  2. Obtain a court order confirming the devise and probate the will, then have the property distributed or conveyed Correct answer.
  3. File a lis pendens against the property
  4. Record the will in the register of deeds as a conveyance

Explanation

Devised real property passes through probate administration, and the personal representative distributes it to the devisee after the will is probated and the estate is administered. The will itself is not recorded as a deed.

Question 19Real Property Law and Principles

A broker lists a property and the seller accepts an offer, but the buyer later backs out without a contractual right to do so. What is the seller's likely remedy?

  1. A mechanic's lien against the buyer
  2. Rescission of the listing agreement
  3. A claim for damages against the buyer for breach of contract Correct answer.
  4. Specific performance of the contract

Explanation

When a buyer breaches a real estate sales contract without a lawful excuse, the seller may sue for damages, and in some circumstances may seek specific performance. Damages are the standard remedy for the seller's losses.

Question 20Real Property Law and Principles

Which North Carolina agency is responsible for licensing real estate brokers and enforcing the Real Estate License Law?

  1. The North Carolina Utilities Commission
  2. The North Carolina Department of Insurance
  3. The North Carolina Real Estate Commission Correct answer.
  4. The North Carolina Secretary of State

Explanation

The North Carolina Real Estate Commission administers the Real Estate License Law, licenses brokers, and enforces the rules governing brokerage practice. It is separate from the agencies that regulate insurance, securities, and utilities.

Question 21Real Property Law and Principles

A buyer purchases a home with a general warranty deed. Two years later a prior recorded lien surfaces that predates the seller's ownership. Which covenant most directly supports the buyer's claim?

  1. Covenant of further assurances
  2. Covenant of seisin
  3. Covenant of quiet enjoyment
  4. Covenant against encumbrances Correct answer.

Explanation

The covenant against encumbrances is a present covenant promising that the property is free of liens and burdens, and a general warranty deed extends that promise to defects in the entire chain of title. A pre-existing recorded lien is an encumbrance covered by that covenant.

Question 22Real Property Law and Principles

A tenant in a residential lease fails to pay rent, and the landlord wants to evict. Under North Carolina law, what must the landlord generally do?

  1. File a summary ejectment action in the appropriate court Correct answer.
  2. Change the locks and remove the tenant's belongings
  3. Send a demand letter and then re-enter the premises without court process
  4. Report the tenant to the credit bureau and wait 30 days

Explanation

North Carolina requires a landlord to pursue eviction through the judicial process by filing a summary ejectment action. Self-help eviction, such as changing locks or removing property without a court order, is not permitted.

Question 23Real Property Law and Principles

A buyer obtains title insurance at closing. Which type of policy protects the buyer against title defects that arise after the policy date?

  1. A homeowner's policy
  2. A title insurance policy that covers only the seller's acts
  3. An owner's policy with a general exception for future defects Correct answer.
  4. A lender's policy only

Explanation

An owner's title insurance policy protects the insured owner against covered title defects, subject to the policy's exceptions and conditions, and generally continues for as long as the owner holds title. A lender's policy protects only the lender's interest.

Question 24Real Property Law and Principles

A property owner grants a neighbor the right to use a driveway across the owner's land, but the agreement is not recorded. The owner later sells the land to a buyer who has no notice of the agreement. What is the likely result?

  1. The buyer must honor the easement for one year
  2. The easement is unenforceable against the buyer if the buyer is a bona fide purchaser without notice Correct answer.
  3. The easement is void because it was not recorded
  4. The easement binds the buyer because easements run with the land automatically

Explanation

An unrecorded easement generally does not bind a subsequent purchaser who takes without actual, inquiry, or record notice. Recording is how an easement holder protects the interest against later purchasers.

Question 25Real Property Law and Principles

A real estate broker working with a buyer receives confidential information about the buyer's maximum price. To whom may the broker disclose that information?

  1. The listing broker, to help negotiate a better price
  2. The seller's agent, as a professional courtesy
  3. The lender, to ensure the loan is approved
  4. No one outside the brokerage without the buyer's consent Correct answer.

Explanation

A broker owes the client duties of loyalty and confidentiality, and a buyer's maximum price is confidential information that may not be shared with the opposing party or others without consent. Disclosure could harm the buyer's negotiating position.

Question 26Real Property Law and Principles

In North Carolina, which of the following is required for a valid deed?

  1. The signature of two witnesses
  2. Acknowledgment by a notary public
  3. The signature of the grantee
  4. The signature of the grantor Correct answer.

Explanation

North Carolina law requires a valid deed to be signed by the grantor, identify the parties and the land, and contain words of conveyance. Witnesses and notarization are not required for validity, though acknowledgment is needed for recording.

Question 27Real Property Law and Principles

A North Carolina homeowner defaults on a mortgage. Which remedy is the lender most likely to pursue?

  1. An action for specific performance
  2. Foreclosure by power of sale Correct answer.
  3. A mechanic's lien foreclosure
  4. A strict foreclosure action

Explanation

In North Carolina, mortgages typically include a power of sale, allowing the lender to foreclose without a court action. Strict foreclosure is rare and specific performance is not a remedy for default.

Question 28Real Property Law and Principles

Two friends purchase a house together. The deed conveys title 'to Alex and Blake as tenants in common.' Alex dies intestate. What happens to Alex's interest?

  1. It is voided and Blake becomes sole owner.
  2. It escheats to the state of North Carolina.
  3. It passes to Blake automatically by right of survivorship.
  4. It passes to Alex's heirs through probate. Correct answer.

Explanation

Tenants in common hold separate, undivided interests with no right of survivorship. When a tenant in common dies, that interest passes to the deceased owner's heirs or devisees.

Question 29Real Property Law and Principles

A buyer signs a contract to purchase a home and gives the seller a $5,000 deposit. The contract states the deposit is 'earnest money.' If the buyer breaches without legal excuse, what is the seller's likely remedy regarding the deposit?

  1. The seller must return the deposit because it is a penalty.
  2. The seller may keep the deposit as liquidated damages if the contract so provides. Correct answer.
  3. The seller must split the deposit with the buyer.
  4. The seller may sue for specific performance and keep the deposit.

Explanation

Earnest money is a deposit that may be retained by the seller as liquidated damages if the buyer defaults and the contract includes such a provision. North Carolina courts enforce reasonable liquidated damages clauses.

Question 30Real Property Law and Principles

A developer wants to build a shopping center on land zoned residential. The developer asks the local government to rezone the parcel to commercial. Which body typically has the authority to grant this rezoning in North Carolina?

  1. The local governing board (city council or county commissioners) Correct answer.
  2. The local board of adjustment
  3. The North Carolina Real Estate Commission
  4. The county register of deeds

Explanation

In North Carolina, rezoning decisions are made by the elected local governing board, such as a city council or board of county commissioners. The board of adjustment handles variances and special use permits, not rezoning.

Question 31Real Property Law and Principles

A landowner grants a utility company an easement 'for so long as the utility maintains power lines.' The utility stops maintaining the lines for five years. What is the status of the easement?

  1. It has terminated because the condition was not met. Correct answer.
  2. It converted to a prescriptive easement.
  3. It continues indefinitely because easements run with the land.
  4. It became a fee simple estate.

Explanation

An easement subject to a condition subsequent or a term 'so long as' terminates when the condition is broken. The utility's failure to maintain the lines ends the easement.

Question 32Real Property Law and Principles

A homeowner's property is taken by the state for a highway project. The homeowner challenges the taking, arguing the project is not for a public purpose. Under North Carolina law, which constitutional provision is most directly implicated?

  1. The Due Process Clause of the Fourteenth Amendment
  2. The Contracts Clause
  3. The Equal Protection Clause
  4. The Takings Clause of the Fifth Amendment Correct answer.

Explanation

The Takings Clause of the Fifth Amendment, applied to the states, requires that private property be taken only for public use and with just compensation. The homeowner's challenge to public purpose directly invokes this clause.

Question 33Real Property Law and Principles

A buyer purchases a home and receives a general warranty deed. The deed contains covenants of seisin, right to convey, and quiet enjoyment. Which covenant is breached if the grantor did not actually own the property at the time of conveyance?

  1. Covenant against encumbrances
  2. Covenant of quiet enjoyment
  3. Covenant of seisin Correct answer.
  4. Covenant of further assurances

Explanation

The covenant of seisin guarantees that the grantor owns the estate being conveyed. If the grantor lacks title, this covenant is breached at the time of conveyance.

Question 34Real Property Law and Principles

A tenant rents an apartment for a year. After six months, the landlord sells the building. The new owner wants to evict the tenant to renovate. Under North Carolina law, what is the effect of the sale on the lease?

  1. The lease terminates automatically upon sale.
  2. The tenant must sign a new lease with the new owner.
  3. The lease remains in effect and the new owner is bound by its terms. Correct answer.
  4. The new owner may evict the tenant without cause.

Explanation

A lease is a conveyance of an estate for years, and the new owner takes subject to the existing lease. The tenant's rights under the lease survive the sale, and the new owner becomes the landlord.

Question 35Real Property Law and Principles

A landowner dies intestate, leaving a surviving spouse and two children. Under North Carolina intestate succession, how is the real property distributed?

  1. The children receive all real property equally.
  2. The spouse receives one-half and the children share the remainder. Correct answer.
  3. The spouse receives all real property.
  4. The spouse receives one-third and the children share the remainder.

Explanation

Under North Carolina intestate succession, if the decedent has a spouse and two or more children, the spouse receives one-half of the real property and the children share the other half. If there is one child, the spouse receives one-half and the child receives one-half.

Question 36Real Property Law and Principles

A property owner has a septic system that fails and discharges into a nearby creek. The county health department cites the owner for a violation. Which legal principle best supports the county's action?

  1. Adverse possession
  2. Nuisance Correct answer.
  3. Easement by prescription
  4. Covenant of quiet enjoyment

Explanation

A nuisance is a substantial, unreasonable interference with another's use and enjoyment of land. The discharge from the septic system interferes with public health and the creek, supporting a nuisance abatement action.

Question 37Real Property Law and Principles

A buyer signs a contract to buy a home 'contingent upon the buyer obtaining a mortgage at 6% interest within 30 days.' The buyer applies but is denied because of poor credit. Which party is obligated to proceed with the purchase?

  1. The buyer, because financing is not a valid contingency.
  2. The buyer, because the contingency is vague.
  3. The seller, because the buyer acted in good faith.
  4. Neither party, because the contingency failed. Correct answer.

Explanation

A financing contingency is a condition precedent to the buyer's obligation. If the buyer makes a good-faith effort and fails to obtain financing, the condition fails and neither party is bound to close.

Question 38Real Property Law and Principles

A North Carolina property owner wants to build a pier extending into a navigable waterway. The owner must obtain a permit from which state agency?

  1. The North Carolina Department of Transportation
  2. The North Carolina Utilities Commission
  3. The North Carolina Real Estate Commission
  4. The North Carolina Department of Environmental Quality Correct answer.

Explanation

The North Carolina Department of Environmental Quality, through its Division of Coastal Management and Division of Water Resources, issues permits for structures in navigable waters. The other agencies do not regulate pier construction.

Question 39Real Property Law and Principles

A lender holds a deed of trust on a property. The borrower sells the property to a buyer who assumes the loan. The original borrower remains liable on the note. What is the buyer's liability to the lender?

  1. The buyer is primarily liable and the original borrower is secondarily liable. Correct answer.
  2. The buyer is liable only if the lender releases the original borrower.
  3. The buyer's liability is limited to the property's value.
  4. The buyer has no liability because the original borrower remains liable.

Explanation

When a buyer assumes a mortgage, the buyer becomes primarily liable on the note, and the original borrower remains secondarily liable unless the lender releases them. This is a key distinction from a 'subject to' purchase.

Question 40Real Property Law and Principles

A landowner grants a neighbor a right-of-way across the landowner's property. The agreement is oral and the neighbor uses the path for 25 years. The landowner later blocks the path. What is the neighbor's best legal argument to continue using the path?

  1. The neighbor has an easement by necessity.
  2. The neighbor has an express easement by prescription.
  3. The neighbor has a license that is irrevocable.
  4. The neighbor has a prescriptive easement. Correct answer.

Explanation

A prescriptive easement arises from open, notorious, adverse, and continuous use for the statutory period, which is 20 years in North Carolina. The neighbor's 25 years of use supports this claim.

Question 41Ownership, Estates, and Interests in Land

A deed conveys Blackacre "to Ann and her heirs, but if Blackacre is ever used for commercial purposes, then to Beth and her heirs." Which estate does Ann hold?

  1. A fee simple absolute
  2. A fee simple subject to an executory limitation Correct answer.
  3. A fee simple determinable
  4. A life estate pur autre vie

Explanation

A fee simple subject to an executory limitation automatically shifts to a third party when a stated condition occurs. Because the future interest is held by Beth (a third party) rather than the grantor, the estate is subject to an executory limitation, not a possibility of reverter.

Question 42Ownership, Estates, and Interests in Land

Under North Carolina law, which words are traditionally required to create a fee simple estate in a deed?

  1. "To Ann and her personal representatives"
  2. "To Ann and her successors"
  3. "To Ann and her heirs" Correct answer.
  4. "To Ann and her assigns forever"

Explanation

At common law, the phrase "and her heirs" is the technical language of inheritance that creates a fee simple in a grantee. North Carolina follows this common-law rule, so words of purchase alone convey only a life estate.

Question 43Ownership, Estates, and Interests in Land

A testator devises land "to my son Caleb for life, then to such of Caleb's children who survive him." Caleb has two living children. What interest do Caleb's children hold during Caleb's lifetime?

  1. A contingent remainder Correct answer.
  2. A reversion in the grantor
  3. A remainder subject to divestment
  4. A vested remainder subject to open

Explanation

A remainder is contingent when it is held by unascertained persons or is subject to a condition precedent. Because the children must survive Caleb, survivorship is a condition precedent, making the remainder contingent even though the children are now identifiable.

Question 44Ownership, Estates, and Interests in Land

Grantor Owen conveys land "to the Town of Raleigh so long as it is used for a public park." If the town stops using the land as a park, what interest does Owen or his heirs retain?

  1. A possibility of reverter Correct answer.
  2. A vested remainder
  3. A right of entry
  4. An executory interest

Explanation

Language such as "so long as" creates a fee simple determinable, and the grantor automatically retains a possibility of reverter. The future interest becomes possessory automatically when the stated use ends, with no need for the grantor to act.

Question 45Ownership, Estates, and Interests in Land

A deed states: "to Priya, but if the property is ever used as a tavern, Grantor may re-enter and retake the property." Which estate has Priya received?

  1. Fee simple subject to condition subsequent Correct answer.
  2. Fee simple absolute
  3. Fee simple determinable
  4. Estate for years

Explanation

Words reserving to the grantor a right to re-enter and retake create a fee simple subject to a condition subsequent. The grantor must affirmatively exercise the right of entry; the estate does not end automatically.

Question 46Ownership, Estates, and Interests in Land

In North Carolina, a conveyance of land to "Amir and Sofia" with no words describing their tenancy creates which form of co-tenancy?

  1. Tenancy by the entirety
  2. Joint tenancy with right of survivorship
  3. Tenancy in common Correct answer.
  4. Community property

Explanation

North Carolina presumes a tenancy in common whenever co-tenants are not married and no survivorship language appears. A joint tenancy requires an express right of survivorship, and tenancy by the entirety requires a valid marriage.

Question 47Ownership, Estates, and Interests in Land

Three siblings own a farm as tenants in common, with shares of one-half, one-quarter, and one-quarter. The sibling holding one-half dies intestate with no will. What happens to that share?

  1. It automatically converts the tenancy into a joint tenancy
  2. It escheats to the State of North Carolina
  3. It passes to the surviving siblings by survivorship
  4. It passes to the decedent's heirs and can be partitioned Correct answer.

Explanation

A tenancy in common carries no right of survivorship, so a deceased co-tenant's share descends to that owner's heirs. Any co-tenant may then seek partition, by sale or in kind, to end the co-tenancy.

Question 48Ownership, Estates, and Interests in Land

A husband and wife take title to their home as tenants by the entirety. The husband alone signs a deed purporting to convey his interest to a buyer. What is the effect of that deed?

  1. It conveys no interest because both spouses must join Correct answer.
  2. It conveys a valid one-half tenancy in common to the buyer
  3. It severs the entirety and creates a joint tenancy
  4. It conveys a valid life estate to the buyer

Explanation

A tenancy by the entirety is held by the marital unit, and neither spouse may convey an interest without the other's joinder. A unilateral deed therefore passes nothing to the grantee.

Question 49Ownership, Estates, and Interests in Land

In North Carolina, which of the following is true of a tenancy by the entirety?

  1. It is available only to a married couple and includes a right of survivorship Correct answer.
  2. It may be severed unilaterally by either spouse
  3. It is the default tenancy whenever two people take title together
  4. It may be created by unmarried co-owners who request it in writing

Explanation

A tenancy by the entirety arises only between spouses and carries an automatic right of survivorship. Neither spouse may sever it alone; both must join in any conveyance.

Question 50Ownership, Estates, and Interests in Land

A landowner grants a neighbor "the right to cross my property along the existing gravel road to reach the county highway." What interest has the neighbor received?

  1. A fee simple determinable
  2. A license revocable at will
  3. An easement appurtenant Correct answer.
  4. A profit a prendre

Explanation

An easement appurtenant benefits the neighbor's land and burdens the servient parcel, and it passes with the dominant land. The right of passage is an easement, not ownership of the soil.