Crucial Exams

Multistate Bar Examination Practice Question

A mother, desiring to ensure her family farm remains in agricultural use, conveys the land by deed to her son 'so long as the land is used for farming; otherwise, it shall revert to me.' Several years later, the son builds a shopping center on the property, violating the condition. Before the mother can take legal action, she passes away, and her will leaves all her property to her daughter. Who has the best claim to ownership of the property under these circumstances?

  • The son, because he owns the land in fee simple absolute after the mother’s death extinguished her interest.

  • The daughter, as she inherited her mother’s possibility of reverter when her mother died, and the violation of the farming condition triggered the reverter.

  • The daughter, because the violation of the farming condition allowed her to exercise a power of termination.

  • The son, as his ownership is not affected by the mother’s death and violations of the farming condition require court intervention for enforcement.

Multistate Bar Examination
Real Property
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