...e neighbor suffered no measurable damage. Is the homeowner liable for trespass to land? This question tests intent and mistake in trespass to land. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ned to return the mower before selling it. Analyze Olive's claims for trespass to land, trespass to chattels, and conversion. This essay tests trespass to land, trespass to chattels, conversion, mistake, and damages. NCB...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
O conveys land "to School so long as the land is used for school purposes." What interests are created? The correct answer applies durational-language doctrine. NCBE MEE Subject Matter Outline, Common law real-property p...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...wn land as tenants in common. A dies with a will leaving all property to D. What happens to A's interest? The correct answer distinguishes tenancy in common from joint tenancy. NCBE MEE Subject Matter Outline
Citations: NCBE MEE Subject Matter Outline
A and B own land as tenants in common. A leases part of the land to a farmer and receives rent from the farmer. What duty does A generally owe B regarding the rent? The correct answer states the accounting rule for third...
Citations: NCBE MEE Subject Matter Outline
A city landmark law prevents the owner of a historic theater from adding a 40-story office tower above it. The owner can still operate the theater, lease retail space inside it, and sell unused development rights to near...
Citations: U.S. Const. amend. V, Penn Central Transportation Co. v. New York City, Murr v. Wisconsin
A homeowner hired a landscaper to install ordinary sod and shrubs. The landscaper delegated the work to a substitute landscaping company. The homeowner did not agree to release the original landscaper. The substitute per...
Citations: Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
A tenant stopped paying rent after defects persisted and the landlord changed the locks. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits? Correct. L...
Citations: Landlord-tenant doctrine
An MPT task memo asks you to draft an opinion letter to GreenSteps, a landscaping company that wants to hire a sales manager who recently left a competitor. The former employer sent a letter threatening to sue if GreenSt...
Citations: NCBE MPT preparation materials, NCBE MPT overview
Landlord leased a ground-floor bakery space to Tenant for three years. The lease included the bakery room and a rear storage room. Six months into the lease, Landlord locked the rear storage room and used it for building...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
O conveys land "to A for life, then to B's children." At the time of the conveyance, B has one child, C. B is alive. What interest does C have? The correct answer classifies an open class gift with an existing class memb...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
O conveys land "to A for life, then to B, but if B does not survive A, to C." A, B, and C are alive when the deed is delivered. Which statement best describes B's and C's interests? The correct answer distinguishes a ves...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
O conveys land "to Hospital so long as the land is used for hospital purposes." It is possible that the land will be used for hospital purposes for more than 100 years. What is the best Rule Against Perpetuities analysis...
Citations: NCBE MEE Subject Matter Outline, Common law Rule Against Perpetuities
...d as joint tenants with right of survivorship. A conveys A's interest to C during A's lifetime. What is the usual effect of A's conveyance? The correct answer states the severance effect of a joint tenant's conveyance. N...
Citations: NCBE MEE Subject Matter Outline
...land as tenants in common in equal shares. A pays all property taxes to prevent a tax sale. Which statement is most accurate? The correct answer states the contribution rule for necessary property taxes. NCBE MEE Subjec...
Citations: NCBE MEE Subject Matter Outline
...an opinion letter about terminating a lease after the landlord failed to repair the building. The File also shows that the client withheld rent before giving the written notice required by the lease. The Library treats p...
Citations: NCBE MPT preparation materials
...ty ordinance requires a landowner seeking a permit for a small duplex to pay a $120,000 traffic-impact fee. The county says the fee funds road improvements throughout the county, but it has not estimated the traffic gene...
Citations: U.S. Const. amend. V, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
A director learns, through a board presentation, that a landlord is willing to lease a facility perfectly suited to the corporation's planned expansion. Before telling the board, the director forms a separate company and...
Citations: Model Business Corporation Act business-opportunity principles, General corporate fiduciary-duty principles
A federal agency issued a permit allowing a private company to drain wetlands next to a city park. A neighborhood association sued in federal court, alleging that the agency misread the governing statute. The complaint a...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
A landlord orally told a repair company, "If my tenant does not pay you for repairing the tenant's restaurant, I will pay the bill." The landlord made the promise because the repairs were necessary to keep the restaurant...
Citations: Restatement (Second) of Contracts 110, Restatement (Second) of Contracts 116, NCBE NextGen UBE Content Scope, Contracts
A landlord told tenants that maintenance workers would enter units on Friday to replace smoke detectors. The notice did not mention any inspection beyond the detectors. When a worker entered Lena's apartment, he replaced...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A landowner gave a buyer a paid option to buy land. The option stated, "This option may be accepted only by written notice received by seller no later than 5 p.m. on June 30." The buyer mailed an acceptance on June 29. T...
Citations: Restatement (Second) of Contracts 63, Restatement (Second) of Contracts 87, NCBE NextGen UBE Content Scope, Contracts
A landowner hired an excavator to prepare a building pad for a fixed price. After work began, the excavator discovered an abandoned concrete foundation several feet below the surface. Neither party knew of it, and a reas...
Citations: Restatement (Second) of Contracts 89, Restatement (Second) of Contracts 73, NCBE NextGen UBE Content Scope, Contracts
A landowner orally agreed to sell a vacant lot to a developer for $300,000. The developer paid $30,000, took possession with the landowner's permission, installed fencing, and began grading the lot for a small warehouse...
Citations: Restatement (Second) of Contracts 110, Restatement (Second) of Contracts 129, Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 116, NCBE NextGen UBE Content Scope, Contracts
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