Property Intro
Assessment Questions
Question 1
Which of the following is not a favorite property law topic of the bar examiners?
a
The common-law rule against perpetuities
b
Fixtures
c
The statute of frauds
d
Personal property
Some 1L classes cover certain aspects of personal property, but the bar exam focuses exclusively on real property. Each of the other topics in this list appears frequently on the MBE. Make sure you know all of them backward and forward on test day!
Question 2
Which of the following is not an important tip for approaching property problems on the MBE?
a
Read complex grants from left to right chronologically, moving from the true owner through each step.
b
Watch out for dates, especially when questions involve priority and security devices or recording systems.
c
If more than 21 years pass in the problem, look for a rule against perpetuities issue.
d
Don’t worry about the statute of frauds because it’s always a red herring in property questions.
The statute of frauds is sometimes a red herring on the MBE, but it’s also a favorite correct answer since all real property conveyances have to be in writing. Pay attention to whether the parties have complied with the statute of frauds, but be aware that the bar examiners like to use this issue as a distraction. If you see an oral contract or an oral modification, you should be on high alert for a statute of frauds violation; otherwise, you can usually dismiss this answer choice and assume something else is going on.
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