MBE Sample – Question 12 - Actual
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MBE Sample - Question 12
Two sisters own a single tract of land as tenants in common, each holding a one-half interest. The younger sister entered into a three-year written lease with a tenant; the lease described by metes and bounds a specified portion of the land, which consisted of about 40% of the total tract. The tenant went into sole possession of the leased portion of the land. The older sister has sued both the younger sister and the tenant to establish the older sister’s right to possession of the leased portion of the land.
Who is likely to prevail?
A
The older sister, because the younger sister cannot unilaterally partition the land without the older sister’s consent.
B
The older sister, because the younger sister may not lease her undivided interest in the land without the older sister’s consent.
C
The younger sister and the tenant, because the older sister has been excluded only from the specified portion of the land subject to the lease, which makes up less than one-half of the land’s total area.
D
The younger sister and the tenant, because the younger sister’s lease to the tenant was necessarily for less than a fee simple interest.
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