Bar Exam UBE (New York) Questions and Answers

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Bar Exam UBE (New York) Questions and Answers 2024 1. What does the case Rice v Condran establish with respect to restrictive covenants (property development)?: Lawyer must advise the clients on restrictive covenants you know about or should know about. 2. Which case establishes whether restrictive covenants are binding (property development)?: Gailbraith v Madawaska Club Ltd. 3. What are the the 3 criterion that, if satisfied, a builders permit is required (property development)?: (1) Structural work, (2) any plumbing work and (3) any work more than $5,000 in cost 4. Distinguish the two kinds of proposal developments (property develop- ment)?: As of right: changes permitted by the zoning use (you still require a permit) Development Agreement w/ Municipality:Agreement between developer and munic- ipality setting out the manner in which the property can be developed. 5. Distinguish the process for small developments compared to large devel- opments (property development).: Small developments: (1) Apply to the Planning and Development Office (2) Not public (3) Not discretionary Large developments: (1) Apply to PDO (2) Public (3) Discretionary 6. Distinguish a lawyer's role from a surveyor's (survey): Lawyer: Certifies qual- ity of title - ensures seller actually owns the property; Surveyor: Certifies quantity of title - boundaries of land and physical size of the title. 7. How long is a lawyer who has certified liable to his/her client? How is liable after this period? (survey): 10 years; province

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