Uniform Bar Examination (UBE) Real Property Syllabus

Real Property syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Real Property in Uniform Bar Examination (UBE), not a summary of it.

1. 1

   Ownership and Estates in Land

   3 topics

   • Present Estates
     • Fee simple absolute and defeasible fees
     • Life estates and waste
     • Fee tail (historical)
   • Future Interests
     • Reversion, possibility of reverter, right of entry
     • Remainders (vested and contingent)
     • Executory interests
     • Rule Against Perpetuities
   • Concurrent Ownership
     • Joint tenancy and right of survivorship
     • Tenancy in common and tenancy by the entirety
     • Rights and duties of cotenants; partition
2. 2

   Landlord-Tenant and Land Use

   4 topics

   • Leasehold Estates
     • Types of tenancies
     • Duties of landlord and tenant
     • Assignment and sublease
     • Eviction and surrender
   • Easements, Profits, and Licenses
     • Creation of easements (express, implied, prescription)
     • Scope, transfer, and termination
     • Profits and licenses
   • Covenants and Servitudes
     • Real covenants running with the land
     • Equitable servitudes
     • Common-interest communities
   • Land Use Controls
     • Zoning and variances
     • Nuisance
3. 3

   Conveyancing and Title

   4 topics

   • Land Sale Contracts
     • Statute of Frauds and essential terms
     • Marketable title and equitable conversion
     • Risk of loss and remedies for breach
   • Deeds and Delivery
     • Types of deeds and covenants of title
     • Requirements for a valid deed
     • Delivery and acceptance
   • Recording and Title Assurance
     • Recording acts (race, notice, race-notice)
     • Bona fide purchasers and chain of title
     • Title insurance
   • Adverse Possession
     • Elements: open, notorious, hostile, continuous
     • Tacking and disabilities
4. 4

   Mortgages and Security Interests

   3 topics

   • Mortgage Fundamentals
     • Mortgages, deeds of trust, and installment contracts
     • Theories: lien vs. title states
   • Transfer and Priority
     • Transfer by mortgagor and mortgagee
     • Assumption vs. taking subject to
     • Priorities among security interests
   • Foreclosure and Redemption
     • Foreclosure process and proceeds distribution
     • Equity of redemption and statutory redemption
     • Deficiency judgments

Real Property flashcards for Uniform Bar Examination (UBE)

25 of 52 cards from the Real Property deck — real questions with worked answers.

1. What are the three types of present freehold estates?

   Fee simple absolute (full ownership, infinite duration), fee tail (passes to grantee's lineal descendants — largely abolished), and the life estate (lasts for a measuring life). Defeasible fees are subcategories of fee simple.

2. Distinguish a fee simple determinable from a fee simple subject to a condition subsequent.

   A fee simple determinable uses durational language ('so long as,' 'until,' 'while') and AUTOMATICALLY reverts to the grantor (possibility of reverter) when the condition occurs. A fee simple subject to condition subsequent uses conditional language ('but if,' 'provided that') and the grantor must affirmatively exercise a right of entry/power of termination — it is not automatic.

3. What is the difference between a reversion and a remainder?

   A reversion is the future interest left in the GRANTOR after granting a lesser estate (e.g., a life estate). A remainder is a future interest created in a THIRD-PARTY grantee that becomes possessory naturally upon the expiration of the prior estate (no cutting short).

4. What is the difference between a vested remainder and a contingent remainder?

   A vested remainder is given to an ascertained person and is NOT subject to any condition precedent. A contingent remainder is either given to an unascertained person OR is subject to a condition precedent (a condition that must be satisfied before the holder can take).

5. What are the three kinds of vested remainders?

   (1) Indefeasibly vested remainder (certain to become possessory, no conditions); (2) Vested remainder subject to total divestment (vested but may be cut short by a condition subsequent); (3) Vested remainder subject to open (given to a class that can still admit new members, e.g., 'to A's children').

6. What is an executory interest, and what are its two types?

   An executory interest is a future interest in a third party that CUTS SHORT (divests) a prior estate or follows a gap. A shifting executory interest divests a prior grantee (transferee); a springing executory interest divests the grantor.

7. State the Rule Against Perpetuities (RAP).

   No interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest. It applies to contingent remainders, executory interests, vested remainders subject to open, options, and rights of first refusal — but NOT to vested interests or grantor's reversionary interests.

8. Under the Rule of Convenience, when does a class close?

   A class closes when any member of the class becomes entitled to immediate possession/distribution (i.e., when the preceding estate ends and at least one member can take), even if biological additions are still possible. This rule avoids many RAP violations for class gifts.

9. What is the Doctrine of Worthier Title?

   It prevents a grantor from creating a remainder or executory interest in the grantor's own heirs. A grant 'to A for life, then to my heirs' is construed as leaving a reversion in the grantor rather than creating a remainder in the heirs. It is a rule of construction (rebuttable by intent).

10. What is the Rule in Shelley's Case?

    Where a single instrument creates a life estate in A and a remainder in A's heirs, the remainder is not recognized; instead A takes both the life estate and the remainder, which merge into a fee simple. It is largely abolished in modern law.

11. What are the three forms of concurrent ownership?

    Tenancy in common (separate but undivided interests, no survivorship, freely devisable/transferable), joint tenancy (right of survivorship), and tenancy by the entirety (joint tenancy between married spouses with survivorship plus creditor/transfer protections).

12. What are the four unities required to create a joint tenancy?

    Time, Title, Interest, and Possession (T-TIP): joint tenants must acquire their interests at the same time, by the same title/instrument, with equal interests (shares and duration), and with an equal right to possess the whole. The right of survivorship must also be clearly expressed.

13. How is a joint tenancy severed, and what is the effect?

    A joint tenancy is severed by an inter vivos transfer/conveyance by one joint tenant (and in some jurisdictions by mortgage in a title-theory state, or by contract of sale). Severance destroys the right of survivorship as to that share, converting it into a tenancy in common. A will does NOT sever (death passes by survivorship first).

14. In a joint tenancy with three tenants, what happens when one conveys her interest to a stranger?

    The conveyance severs only the conveyed share. The new owner holds a 1/3 interest as a tenant in common, while the remaining two original tenants continue to hold their 2/3 as joint tenants (with survivorship) between themselves.

15. When does a co-tenant owe rent to other co-tenants?

    A co-tenant in sole possession owes no rent for her own use absent an ouster. But she must account to the other co-tenants for their share of rents received from THIRD parties and for net profits from exploiting the land (e.g., minerals). She may seek contribution for necessary repairs, taxes, and mortgage payments (but generally not improvements).

16. What is an ouster in concurrent ownership?

    An ouster occurs when one co-tenant wrongfully excludes another co-tenant from possession of the property. The ousted co-tenant may sue for the fair rental value of the use, and an ouster can start the clock for adverse possession against the other co-tenants.

17. What are the four types (categories) of leasehold (nonfreehold) estates?

    (1) Tenancy for years (fixed period, ends automatically, no notice needed); (2) Periodic tenancy (repeats until proper notice); (3) Tenancy at will (no fixed period, terminable by either party); (4) Tenancy at sufferance (holdover tenant wrongfully remains after lease ends).

18. How much notice is required to terminate a periodic tenancy at common law?

    Notice equal to the length of the period, but a year-to-year tenancy requires only 6 months' notice. The termination must be effective at the end of a period. Many modern statutes set 30 days for month-to-month tenancies.

19. What is the difference between an assignment and a sublease of a leasehold?

    An assignment transfers the tenant's ENTIRE remaining interest; the assignee is in privity of estate with the landlord and liable for rent/covenants running with the land. A sublease transfers LESS than the entire interest (the sublessor retains a reversion); the sublessee is NOT in privity with the landlord and is liable only to the sublessor.

20. What is the implied warranty of habitability and can it be waived?

    In residential leases, the landlord must maintain the premises fit for human habitation (meeting housing code standards). It CANNOT be waived. Remedies for breach: tenant may move out and terminate, repair and deduct, reduce/withhold rent, or remain and sue for damages.

21. What is the implied covenant of quiet enjoyment and constructive eviction?

    Every lease (residential and commercial) includes a covenant that the tenant will not be disturbed in possession. It is breached by actual or constructive eviction. Constructive eviction requires: (1) substantial interference attributable to the landlord, (2) tenant gives notice and landlord fails to act, and (3) tenant vacates within a reasonable time.

22. What is an easement, and what are the two main types by benefit?

    An easement is a nonpossessory right to use another's land. An easement appurtenant benefits a particular parcel (dominant estate) and burdens another (servient estate) — it runs with the land. An easement in gross benefits a person/entity, not land (e.g., utility easement).

23. What are the four ways an easement can be created?

    PING: by Prescription (like adverse possession — open, continuous, hostile use for the statutory period), Implication (prior use apparent and continuous at severance, reasonably necessary), Necessity (landlocked parcel from common ownership), and Grant (express, must satisfy Statute of Frauds if over one year).

24. What is an easement by necessity and when does it terminate?

    It arises when a parcel is rendered landlocked by the division of a single tract under common ownership, requiring access (e.g., to a public road). It terminates as soon as the necessity ends (e.g., when alternative access becomes available).

25. List several ways an easement can terminate.

    END CRAMP: Estoppel, Necessity ends, Destruction of servient land, Condemnation, Release (written), Abandonment (physical act + intent), Merger (unity of dominant and servient ownership), and Prescription (adverse interference for the statutory period).

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