Real Property Study Guide

Estates in Land and Present Possessory Interests

Fee simple, life estates, and defeasible fees form the foundation for understanding all property ownership and transfer questions.

Future Interests

Remainders, reversions, executory interests, and possibilities of reverter are heavily tested and require precise classification skills.

Rule Against Perpetuities

Master the RAP analysis for executory interests and contingent remainders, including common testing patterns and reform doctrines.

Concurrent Ownership and Marital Interests

Joint tenancy, tenancy in common, tenancy by entirety, and partition rights frequently appear in MBE fact patterns.

Landlord-Tenant Law

Lease types, tenant duties, landlord obligations, habitability, eviction procedures, and assignment versus sublease distinctions are essential.

Contracts for Sale of Land

Statute of frauds, marketable title, equitable conversion, risk of loss, and merger doctrine govern real estate transactions.

Deeds and Title Transfer

Deed requirements, delivery, acceptance, warranty covenants, and quitclaim versus general warranty deeds affect title validity.

Recording Acts and Title Assurance

Race, notice, and race-notice statutes determine priority; bona fide purchaser status is critical for MBE success.

Mortgages and Security Interests

Mortgage creation, priority disputes, foreclosure procedures, redemption rights, and transfer of mortgaged property are frequently tested.

Easements and Licenses

Creation methods, scope, termination, and distinguishing easements appurtenant from easements in gross appear regularly on examinations.

Covenants, Equitable Servitudes, and Common Interest Communities

Running covenants, touch and concern, privity requirements, and enforcement mechanisms govern land use restrictions between private parties.

Zoning, Takings, and Land Use Regulation

Government regulation, variances, nonconforming uses, regulatory takings, and eminent domain balance public and private property interests.