MBE Multistate Bar Examination — All Questions
3 questions
Which estate represents the greatest ownership interest in land, of potentially infinite duration?
- a.A life estate
- b.A fee simple absolute✓
- c.A leasehold for one year
- d.An easement
A fee simple absolute is the most complete ownership interest, of potentially infinite duration and freely transferable. A life estate lasts only for a measuring life, and a leasehold or easement grants more limited rights.
A distinctive feature of a joint tenancy, as generally recognized, is:
- a.The interest always passes by will
- b.It can never be severed
- c.The right of survivorship✓
- d.It requires a written lease
A joint tenancy generally carries a right of survivorship, so on the death of one joint tenant the interest passes to the surviving joint tenant(s) rather than through the decedent's will. Creating it traditionally requires the four unities, and it can be severed; specifics vary by jurisdiction.
Under the general common-law doctrine, adverse possession typically requires possession that is:
- a.Secret and occasional
- b.Permission-based and shared
- c.Brief and hidden
- d.Open and notorious, continuous, exclusive, and hostile for the statutory period✓
Adverse possession generally requires possession that is open and notorious, continuous, exclusive, and hostile (without the owner's permission) for a statutory period. The length of that period and other specifics vary significantly by jurisdiction.