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Real Property
Core MBE-tested Real Property rules, each with a primary-source citation. Open in rapid-review mode →
Present Estates & Future Interests
- Fee Simple AbsoluteA fee simple absolute is an estate of potentially infinite duration with no conditions or limitations. It is freely…
- Defeasible Fees — OverviewA defeasible fee is a fee simple that may be terminated upon the occurrence of a stated event. The three types are:…
- Fee Simple DeterminableA fee simple determinable automatically terminates and reverts to the grantor upon occurrence of a stated event.…
- Fee Simple Subject to Condition SubsequentA fee simple subject to condition subsequent does not automatically terminate upon breach; the grantor must exercise a…
- Fee Simple Subject to Executory LimitationA fee simple subject to executory limitation automatically terminates upon occurrence of a stated event and passes to…
- Life EstateA life estate is an estate measured by the life of the holder (life tenant) or another person (estate pur autre vie).…
- Remainders — Vested and ContingentA remainder is a future interest in a third party that becomes possessory upon natural expiration of the prior estate.…
- Executory InterestsAn executory interest is a future interest in a third party that cuts short a prior estate rather than following its…
- Reversion and Possibility of ReverterA reversion is a future interest retained by the grantor when the grantor conveys less than the full estate. A…
- Rule Against PerpetuitiesNo interest in property is valid unless it must vest, if at all, within a life in being at the creation of the…
- Doctrine of WasteA life tenant or other holder of a possessory estate must not commit affirmative waste (active damage), permissive…
- Class Gifts — Rule of ConvenienceA class closes when any member can demand distribution (rule of convenience). No person born after the class closes…
Co-Ownership
- Joint TenancyA joint tenancy is co-ownership with the right of survivorship: upon a joint tenant's death, the surviving joint…
- Severance of Joint TenancyA joint tenancy may be severed by inter vivos conveyance (including to oneself), partition, contract of sale, or…
- Tenancy in CommonA tenancy in common is co-ownership without the right of survivorship. Each tenant holds an undivided fractional…
- Tenancy by the EntiretyA tenancy by the entirety is available only to married couples and carries the right of survivorship. It may not be…
- Rights and Duties of Co-TenantsEach co-tenant is entitled to possession of the whole. A co-tenant collecting rent from third parties must account to…
- PartitionAny co-tenant may seek partition as of right. Partition in kind (physical division) is preferred; partition by sale is…
Landlord-Tenant
- Types of Leasehold EstatesThe four leasehold estates are: (1) tenancy for years (fixed duration, ends automatically); (2) periodic tenancy…
- Implied Warranty of HabitabilityIn residential leases, a landlord impliedly warrants that the premises are fit for human habitation at the outset and…
- Constructive EvictionConstructive eviction occurs when the landlord's wrongful act or failure to act substantially interferes with the…
- Tenant's Duty to RepairA tenant must not commit waste and must maintain the premises in reasonably good repair. A landlord may recover…
- Assignment vs. SubleaseAn assignment transfers the tenant's entire remaining lease interest; privity of estate exists between assignee and…
- Landlord's Duty to MitigateUnder the majority modern rule, a landlord whose tenant abandons must make reasonable efforts to re-let the property.…
Easements, Covenants & Servitudes
- Easements — Definition and TypesAn easement is a nonpossessory right to use another's land. An easement appurtenant benefits a dominant estate and…
- Creation of EasementsEasements may be created by: (1) express grant or reservation in a writing satisfying the Statute of Frauds; (2)…
- Easement by ImplicationAn easement by implication arises when land under common ownership is divided, a prior use of the quasi-dominant…
- Easement by NecessityAn easement by necessity arises when a conveyance leaves a parcel landlocked without access to a public road. Strict…
- Easement by PrescriptionAn easement by prescription is acquired by open, notorious, adverse, and continuous use of another's land for the…
- Termination of EasementsAn easement may be terminated by: (1) expiration; (2) merger of dominant and servient estates; (3) release by the…
- Real Covenants — ElementsA real covenant is a promise concerning land use that runs with the land at law. For the burden to run, there must be:…
- Equitable ServitudesAn equitable servitude is a covenant enforceable in equity against subsequent landowners who take with notice.…
- Common Scheme DoctrineWhen a developer subdivides land and imposes restrictions for the benefit of all lots, an implied reciprocal servitude…
- Termination of Covenants and ServitudesRestrictive covenants may be terminated by: (1) merger; (2) release by all beneficiaries; (3) changed conditions…
Real Property Contracts & Conveyancing
- Statute of Frauds — Real PropertyA contract for the sale of real property must be in writing signed by the party to be charged, and must describe the…
- Marketable TitleA vendor of real property impliedly covenants to deliver marketable title at closing — title reasonably free from…
- Equitable ConversionOnce a contract for the sale of land is signed, equity treats the buyer as the owner of the real property and the…
- Deed RequirementsA valid deed must: (1) be in writing; (2) identify the grantor and grantee; (3) contain words of conveyance (granting…
- Delivery of DeedsDelivery requires the grantor's present intent to be immediately bound by the conveyance. Manual transfer raises a…
- Types of Deeds — Covenants of TitleA general warranty deed contains six covenants: seisin, right to convey, against encumbrances, quiet enjoyment,…
- Merger DoctrineUpon closing, the contract for the sale of land merges into the deed; the contract's terms are extinguished and the…
- Adverse PossessionAdverse possession ripens into title when the claimant's possession is: (1) actual; (2) open and notorious; (3)…
- DedicationDedication is the voluntary transfer of private land to public use. Statutory dedication requires compliance with…
- FixturesA fixture is personal property that has become so affixed to real property that it passes with the land on conveyance.…
Mortgages & Security Devices
- Mortgage — Lien Theory vs. Title TheoryIn lien-theory states (majority), the mortgagor retains title and the mortgagee holds a security lien. In title-theory…
- Equity of Redemption and Statutory RedemptionA mortgagor has an equitable right to redeem by paying the full debt at any time before foreclosure sale. Many states…
- ForeclosureForeclosure terminates the mortgagor's equity of redemption. Judicial foreclosure (sale under court supervision) is…
- Due-on-Sale ClausesA due-on-sale clause accelerates the mortgage debt when the property is sold without lender consent. Federal law (the…
- Assumption vs. Subject ToA grantee who assumes the mortgage becomes personally liable for the debt; both the grantor and grantee are liable. A…
- Priority Among MortgagesAbsent a recording act, mortgage priority follows the order of creation (first in time, first in right). A purchase…
- Deed of TrustA deed of trust is a security device in which the borrower (trustor) conveys title to a neutral third party (trustee)…
Recording Acts & Title
- Recording Acts — Purpose and TypesRecording acts protect subsequent purchasers for value against prior unrecorded interests. The three types are: (1)…
- Bona Fide PurchaserTo qualify as a bona fide purchaser (BFP) protected by a recording act, the purchaser must: (1) pay valuable…
- Constructive Notice from the RecordA subsequent purchaser is charged with constructive notice of all instruments properly recorded in the chain of title.…
- Inquiry NoticeA purchaser has a duty to inquire into facts that would alert a reasonable person to the existence of a prior claim.…
- Chain of Title Problems — Shelter RuleUnder the shelter rule, a person who takes from a BFP acquires the same protection the BFP had, even if the taker…
- Estoppel by DeedIf a grantor conveys land they do not yet own, and subsequently acquires title, the after-acquired title automatically…
- Title InsuranceTitle insurance protects the insured against losses arising from defects in title existing at the policy date. An…
- Torrens SystemUnder the Torrens (land registration) system, a judicial proceeding establishes title, which is then registered with…
- Wild Deeds and the Chain of TitleA deed is outside the chain of title (a 'wild deed') if it is recorded before the grantor acquired record title. A…