, Multistate Bar Examination (MBE) – Real Property – Questions
Question 1
In a federal investigation of Defendant for tax fraud, the grand jury seeks to obtain a letter
written January 15 by Defendant to her attorney in which she stated: "Please prepare a deed
giving my ranch to University but, in order to get around the tax law, I want it back-dated to
December 15." The attorney refuses to produce the letter on the ground of privilege
Production of the letter should be
(A) prohibited, because the statement is protected by the attorney-client privilege.
(B) prohibited, because the statement is protected by the client's privilege against self-
incrimination.
(C) required, because the statement was in furtherance of crime or fraud.
(D) required, because the attorney-client privilege belongs to the client and can be claimed only
by her.
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, Multistate Bar Examination (MBE) – Real Property – Questions
Question 2
Anna owned Blackacre, which was improved with a dwelling. Beth owned Whiteacre, an
adjoining unimproved lot suitable for constructing a dwelling. Beth executed and delivered a
deed granting to Anna an easement over the westerly 15 feet of Whiteacre for convenient
ingress and egress to a public street, although Anna's lot did abut another public street. Anna
did not then record Beth's deed. After Anna constructed and started using a driveway within
the described 15-foot strip in a clearly visible manner, Beth borrowed $10,000 cash from Bank
and gave Bank a mortgage on Whiteacre. The mortgage was promptly and properly recorded.
Anna then recorded Beth's deed granting the easement. Beth subsequently defaulted on her
loan payments to Bank.
The recording act of the jurisdiction provides: "No conveyance or mortgage of real property
shall be good against subsequent purchasers for value and without notice unless the same be
recorded according to law."
In an appropriate foreclosure action as to Whiteacre, brought against Anna and Beth, Bank
seeks, among other things, to have Anna's easement declared subordinate to Bank's mortgage,
so that the easement will be terminated by completion of the foreclosure.
If Anna's easement is NOT terminated, it will be because
(A) the recording of the deed granting the easement prior to the foreclosure action protects
Anna's rights.
(B) the easement provides access from Blackacre to a public street.
(C) Anna's easement is appurtenant to Blackacre and thus cannot be separated from Blackacre.
(D) visible use of the easement by Anna put Bank on notice of the easement.
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, Multistate Bar Examination (MBE) – Real Property – Questions
Question 3
A little more than five years ago, Len completed construction of a single-family home located
on Homeacre, a lot that Len owned. Five years ago, Len and Tina entered into a valid five-year
written lease of Homeacre that included the following language: "This house is rented as is,
without certain necessary or useful items. The parties agree that Tina may acquire and install
such items as she wishes at her expense, and that she may remove them if she wishes at the
termination of this lease."
Tina decided that the house needed, and she paid cash to have installed, standard-sized
combination screen/storm windows, a freestanding refrigerator to fit a kitchen alcove built for
that purpose, a built-in electric stove and oven to fit a kitchen counter opening left for that
purpose, and carpeting to cover the plywood living room floor.
Last month, by legal description of the land, Len conveyed Homeacre to Pete for $100,000.
Pete knew of Tina's soon-expiring tenancy, but did not examine the written lease. As the lease
expiration date approached, Pete learned that Tina planned to vacate on schedule, and learned
for the first time that Tina claimed and planned to remove all of the above-listed items that she
had installed.
Pete promptly brought an appropriate action to enjoin Tina from removing those items.
The court should decide that Tina may remove
(A) none of the items.
(B) only the refrigerator.
(C) all items except the carpet.
(D) all of the items.
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