How much it counts
| Vendor | Outline area (salesperson national) |
|---|---|
| Pearson VUE | Real property characteristics, legal descriptions and use (11) + forms of ownership (9) of 80 scored items |
| PSI | Property ownership 10% + land use 5% of the national portion |
Study notes
- Real vs personal property. Fixtures are real property; test with method of attachment, adaptation, and intent. Trade fixtures remain the tenant’s personal property.
- Estates: fee simple absolute, fee simple defeasible, life estate (remainder vs reversion), leasehold estates.
- Co-ownership: tenancy in common (no survivorship), joint tenancy (right of survivorship; unities of time, title, interest, possession), tenancy by the entirety (married couples, where recognized), community property.
- Encumbrances: liens, easements (appurtenant vs in gross), encroachments, deed restrictions. Government powers: police power, eminent domain, taxation, escheat.
Exam traps
- Easement appurtenant vs in gross. Appurtenant benefits a parcel and runs with the land; in gross benefits a person or company (e.g., a utility).
- Emblements are annual crops - personal property of the tenant who planted them.
- Eminent domain vs condemnation. Eminent domain is the power; condemnation is the process.
Educational summary, not legal advice. State law can change the rule - your state portion tests your state’s version.
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