What Real Property Covers on the Bar Exam
Real Property covers the full spectrum of land ownership and use, from how property is acquired and transferred to how disputes between owners, lenders, and tenants are resolved. On the bar exam, it tests your ability to apply foundational property rules to complex, fact-specific scenarios across 5 core areas: ownership interests, rights in real property, real estate contracts, mortgages and security devices, and titles.
On the Multistate Bar Examination (MBEĀ®), Real Property is tested through multiple-choice questions that emphasize applying these rules to structured fact patterns. On the NextGen Uniform Bar ExaminationTM (NextGen UBE), Real Property appears in integrated, practice-based scenarios that require you to assess multiple issues, interpret facts, and reach well-reasoned legal conclusions.
MBE® Real Property Topic Breakdown
The National Conference of Bar Examiners (NCBEĀ®) breaks Real Property into 5 subtopics tested across 25 questions on the MBE. Here is what you should expect:
| Real Property Subtopics | % Tested | Number of Questions |
|---|---|---|
| Ownership of Real Property | 20% | 4-6 |
| Rights in Real Property | 20% | 4-6 |
| Real Estate Contracts | 20% | 4-6 |
| Mortgages/Security Devices | 20% | 4-6 |
| Titles | 20% | 4-6 |
| Total scored questions for Real Property | 25 | |
The breakdown above reflects the NCBE's published MBE subject matter outline. Real Property is 1 of 7 subjects tested on the MBE alongside Civil Procedure, Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, and Torts.
Ownership of Real Property
Ownership of real property focuses on the various interests individuals can hold in land and the legal relationships that arise from those interests. Questions often test how ownership rights are created, shared, transferred, and terminated.
- Present estates: Present estates give the holder a current right to possess property. A fee simple absolute carries no durational limits. Defeasible fees may terminate on a stated condition. Life estates last only for the duration of a designated life.
- Future interests: Future interests become possessory only upon the expiration of a prior estate or the occurrence of a condition. They include reversions, vested and contingent remainders, executory interests, possibilities of reverter, and powers of termination, all subject to rules on survivorship, class gifts, waste, and cy pres.
- Cotenancy: Cotenancy arises when 2 or more persons simultaneously own the same property. A joint tenancy carries the right of survivorship and requires the 4 unities. A tenancy in common requires only the unity of possession and has no survivorship right. Key issues include partition, severance, and relations among cotenants.
- Landlord-tenant law: Landlord-tenant law governs the rights and obligations of parties to a leasehold. The 4 tenancy types are tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Key issues include possession, rent, transfers, termination, and the implied warranty of habitability.
- Special problems: This category tests rules that cut across property law and affect the validity and transferability of interests. Core issues include the Rule Against Perpetuities and its statutory reforms, the alienability of present and future interests, fair housing and discrimination, and conflicts of law.
Rights in Real Property
Property ownership often includes rights and restrictions that affect how land may be used and enjoyed. This area examines nonpossessory interests, land-use limitations, and disputes between neighboring property owners.
- Restrictive covenants: A restrictive covenant is a promise to use or refrain from using land in a specified way that binds successors. For the burden to run with the land at law, there must be a writing and intent for the burden to run with the land, the covenant must touch and concern the land, the purchaser must have notice, and there must be privity. In equity, privity is not required.
- Easements, profits, and licenses: An easement is a nonpossessory right to use another's land for a specific purpose that survives ownership transfers. Easements are created expressly, impliedly, or by prescription. A license is merely a revocable personal permission that does not run with the land.
- Fixtures: A fixture is a chattel so permanently affixed to real property that it is treated as part of the realty and passes with the land on conveyance. The test turns on manner of attachment, adaptation to the property's use, and the parties' intent.
- Zoning: Zoning ordinances are a valid exercise of police power when reasonably related to public welfare. Preexisting nonconforming uses are generally protected but cannot be expanded. Violations of zoning laws do not affect the marketability of title.
Real Estate Contracts
Real estate transactions involve unique contract principles that govern the sale and transfer of land. Examinees should understand how these agreements are formed, interpreted, and enforced before and after closing.
- Real estate brokerage: A broker earns a commission when a ready, willing, and able buyer is procured on the seller's terms, unless the listing agreement provides otherwise.
- Creation and construction: A real estate contract must satisfy the statute of frauds by being in writing, identifying the parties and property, stating the price, and being signed by the party to be charged. Part performance through payment, possession, or improvements may take an oral contract outside the statute of frauds in equity.
- Marketability of title: Every land-sales contract carries an implied covenant to deliver title reasonably free from doubt, encumbrances, or defects that would expose the buyer to litigation. Marketable title need not be delivered before closing. Zoning violations do not render title unmarketable, but encumbrances such as mortgages and easements may.
- Equitable conversion (including risk of loss): Once a land-sales contract is signed, equity treats the buyer as the equitable owner of the land. Under the majority rule, risk of loss shifts to the buyer at contract execution. Under the minority rule, it remains with the seller until closing.
- Options and rights of first refusal: An option is an irrevocable right to purchase property at a set price within a specified period. A right of first refusal entitles the holder to match any third-party offer. Both may be void under the Rule Against Perpetuities if exercisable beyond the perpetuity period.
- Fitness and suitability: The implied warranty of fitness and workmanlike construction holds builders liable for defects in newly constructed homes. It generally does not extend to sellers of existing property absent active concealment or fraud.
- Merger: Upon closing, the land-sales contract merges into the deed, extinguishing all prior contractual obligations. Post-closing disputes are governed by the deed's covenants, not the contract's terms.
Mortgages/Security Devices
Many Real Property questions involve financing arrangements that use land as collateral for a debt. This area tests the rights and obligations of borrowers and lenders, as well as the consequences of default.
- Types of security devices: A mortgage is a written instrument in which the mortgagor grants a security interest in real property to secure repayment of a debt. Other security devices include deeds of trust, purchase-money mortgages, future advance mortgages, installment land contracts, and absolute deeds as security.
- Security relationships: Under lien theory (majority), the mortgagee holds only a security interest, and the mortgagor retains title until foreclosure. Under title theory, legal title passes to the mortgagee at execution. The mortgagor retains the equitable right to redeem at any time before the foreclosure sale. Any clause that clogs this right is void.
- Transfers by mortgagor: A mortgagor may transfer encumbered property by assumption, making the grantee personally liable and reducing the original mortgagor to surety or subject to the mortgage, where the grantee takes the property with the lien but assumes no personal liability. Most modern mortgages contain a due-on-sale clause allowing the lender to accelerate the debt upon unauthorized transfer.
- Transfers by mortgagee: A mortgagee may transfer the note, and the mortgage follows automatically. A negotiable note transfers by endorsement and delivery. A nonnegotiable note requires a separate written assignment.
- Discharge of the mortgage: A mortgage is discharged upon full payment of the debt, entitling the mortgagor to a release of the lien. A deed in lieu of foreclosure discharges the debt but does not eliminate junior liens on the property.
- Foreclosure: Foreclosure terminates the mortgagor's interest and all junior liens, allowing the property to be sold to satisfy the debt. Proceeds are distributed in order: costs of sale, the foreclosing mortgagee's debt, junior lienholders by priority, and any surplus to the mortgagor. If proceeds are insufficient, the mortgagee may seek a deficiency judgment against the mortgagor personally.
Titles
Clear title is essential to establishing ownership and completing real estate transactions. Questions in this area focus on acquiring, transferring, protecting, and prioritizing property interests when competing claims arise.
- Adverse possession: Adverse possession allows a person to acquire title by possessing another's land in a manner that is actual, open and notorious, continuous for the statutory period, exclusive, and hostile. Tacking of successive possessors is permitted with privity. Possession of a severed mineral estate requires actual use of the minerals.
- Transfer by deed: A valid deed requires a writing, a competent grantor, an identified grantee, words of conveyance, adequate land description, and the grantor's signature. Consideration is not required. A general warranty deed covers all title defects. A special warranty deed covers only defects arising during the grantor's ownership. A quitclaim deed conveys only whatever interest the grantor holds.
- Transfer by operation of law and by will: Property passes by intestate succession without a valid will. Ademption extinguishes a specific devise when the property no longer exists in the estate at death. Exoneration at common law requires mortgage debt to be paid from the residuary estate before transfer. Lapse occurs when a beneficiary predeceases the testator.
- Title assurance systems: Recording acts determine priority between competing claimants to the same property. Race statutes award priority to the first to record. Notice statutes protect a subsequent bona fide purchaser (BFP) without notice of a prior unrecorded interest. Race-notice statutes require the BFP to both take without notice and record first. Hidden risks include forged and undelivered deeds. A forged deed is void and passes no title even to a BFP.
- Special problems: Estoppel by deed binds a grantor who later acquires title to property they previously purported to convey. After-acquired title passes automatically to the grantee. Judgment liens and tax liens attach to all real property owned by the debtor and must be cleared before marketable title can be conveyed.
NextGen UBE: Real Property Topic Breakdown
On the NextGen UBE, Real Property is 1 of 8 Foundational Concepts and Principles. Examinees are expected to understand property ownership, land-use rights, real estate transactions, mortgages, and title issues. Some topics may be tested using provided legal resources rather than recalled knowledge alone.
Ownership of Real Property
This category covers the various ways property interests can be owned, transferred, and shared. It also addresses the rights and obligations that arise between co-owners, landlords, and tenants.
- Present estates: Present estates are ownership interests that give a person a current right to possess property. Tested estates include fee simple absolute, defeasible fees, and life estates, as well as the rights and limitations associated with each.
- Future interests: Future interests are property interests that may become possessory at a later time. Examinees should understand reversions, remainders, executory interests, and the rules governing their creation and transfer.
- Cotenancy: Cotenancy arises when 2 or more individuals own the same property at the same time. Key issues include joint tenancy, tenancy in common, tenancy by the entirety, partition, and survivorship rights.
- Landlord-tenant law: Landlord-tenant law governs leasehold relationships and the rights and duties of landlords and tenants. Topics include lease types, rent obligations, eviction, assignments and subleases, and habitability requirements.
- Alienability, descendibility, and devisability of present and future interests: This topic addresses whether property interests can be transferred during life or at death. It includes restraints on alienation, inheritance rules, and limitations on future transfers.
- Fair housing and discrimination: This topic covers federal constitutional and statutory protections against housing discrimination. Candidates should understand prohibited discriminatory practices, fair-housing requirements, and tenant protections.
Rights in Real Property
Property rights extend beyond ownership. This topic examines interests that allow individuals to use, restrict, or benefit from another person's land and the rules governing their enforcement.
- Easements and licenses: An easement is a nonpossessory right to use another person's land for a specific purpose. Examinees should understand the different types of easements, methods of creation, transferability, and termination, and how licenses differ from easements.
- Restrictive covenants: Restrictive covenants are promises that limit how land may be used. Tested issues include the requirements for covenants and equitable servitudes to bind successors, as well as defenses that may prevent enforcement.
Real Estate Sales Contracts
The purchase and sale of real property is governed by contract law principles, along with rules unique to real estate transactions. Examinees should understand how real estate contracts are formed, interpreted, and enforced, as well as the seller's obligations regarding title.
- Creation and construction: Real estate contracts must satisfy certain legal requirements to be enforceable. Tested issues include the statute of frauds, contract interpretation, time-is-of-the-essence provisions, and remedies for breach.
- Marketability of title: Sellers are generally required to provide marketable title at closing. Candidates should understand what makes title unmarketable, when the obligation arises, and the remedies available when defects exist.
Mortgages and Foreclosure
Real estate purchases often use loans secured by the property itself. Examinees should understand the rights and obligations of borrowers and lenders, as well as the procedures available when a borrower defaults.
- Mortgages and deeds of trust: Mortgages and deeds of trust are the primary instruments used to secure repayment of a real estate loan. Tested issues include the creation of security interests and the different types of mortgage arrangements.
- Mortgage theories: Jurisdictions differ in how they allocate ownership rights between the borrower and lender during the mortgage period. Candidates should understand the lien, title, and intermediate theories and their legal consequences.
- Foreclosure: Foreclosure is the process by which a lender enforces its security interest after a default. Key issues include foreclosure procedures, priority of interests, redemption rights, and the distribution of sale proceeds.
Titles
Clear title is essential to establishing and transferring ownership of real property. This topic examines how ownership rights are acquired, conveyed, and protected against competing claims.
- Adverse possession: Under certain circumstances, a person may acquire title by possessing land for the required statutory period. Examinees should understand the elements of adverse possession and the rules governing tacking and interruptions of possession.
- Transfer by deed: A deed is the primary instrument used to transfer ownership of real property. Tested issues include deed requirements, delivery and acceptance, warranties of title, and defects that may affect validity.
- Recording acts: Recording systems help resolve disputes between competing claimants to the same property. Examinees should understand race, notice, and race-notice statutes, as well as the role of recording in determining priority.
MBE vs. NextGen UBE Real Property: Key Differences
While the underlying Real Property principles remain unchanged, the NextGen UBE assesses them through a different testing framework than the MBE. Understanding these differences can help you adjust your preparation strategy.
| Component | MBE | NextGen UBE |
|---|---|---|
| Format | 200 multiple-choice questions administered over two 3-hour sessions on a single day (25 total multiple-choice questions for Real Property) | 3 sections of 3 hours each, administered over 1.5 days |
| Topic structure | 5 equally weighted categories | Same 5 subject areas tested through applied tasks |
| Question style | 4-option multiple-choice questions only | Standalone multiple-choice questions, integrated question sets, and performance tasks |
| Tested skills | Rule recall and precise application | Issue spotting, legal analysis, client advising, and legal writing |
| Resources available | None, closed book | Legal resources such as statutes and case law may be provided for some questions |
| Applied real property scenarios | Limited to fact patterns within individual questions | Extended scenarios requiring analysis across multiple tasks within integrated question sets |
| Preparation strategy | Rule memorization and timed multiple-choice practice | Rule application, document analysis, and client scenario practice |
How to Study Real Property for the Bar Exam
Success in Real Property requires more than memorizing legal rules. Students should focus on understanding how property interests are created, transferred, and enforced while developing the ability to apply those rules to complex fact patterns. Diagrams, timelines, and flowcharts can be especially helpful for visualizing ownership interests, conveyances, and priority disputes.
Master Property Interests and Transfer Rules
Many Real Property questions build on a foundation of ownership and transfer concepts. Make sure you understand present and future interests, cotenancies, landlord-tenant relationships, deeds, recording systems, and title transfers. Pay close attention to conveyance language, as a single phrase can determine the nature of an estate or future interest.
Focus on Highly Tested Topics
Real Property questions on the MBE are distributed across multiple subject areas, making broad coverage essential. Rather than concentrating on only a few topics, you should develop a working knowledge of ownership interests, rights in real property, sales contracts, mortgages, foreclosure, and title issues. Understanding how these concepts interact will also help with NextGen-style integrated question sets.
Practice with Explanations, Not Just Answers
Reviewing answer explanations is often more valuable than simply checking whether you answered correctly. Pay close attention to the reasoning behind each answer choice, particularly in areas such as title disputes, mortgage priorities, easements, and future interests, where small factual differences can change the outcome.
Build NextGen Skills with Mixed Practice
Because the NextGen UBE emphasizes legal analysis and practical application, incorporate a variety of practice formats into your study routine. In addition to multiple-choice questions, work through deed interpretations, title-priority disputes, client scenarios, and exercises that require you to apply legal rules using provided statutes, cases, or other legal resources.
Real Property Bar Exam Sample Questions and Answers
Think you're prepared to tackle Real Property on the bar exam? Below are sample questions from UWorld's Real Property question bank, carefully crafted to mirror the style and complexity of NCBE questions:
Twenty years ago, a man who owned a 20-acre ranch agreed to sell all of his mineral rights to his neighbor. The man executed a warranty deed conveying the mineral estate to the neighbor, who failed to record the deed.
The following year, a woman moved her mobile home onto an undeveloped five-acre portion of the man's ranch. After the woman had lived on the property for 10 years, a local drilling company began operations on a nearby tract to drill a natural gas well. Believing that the woman owned the property, the drilling company approached the woman about leasing the mineral rights on her property and requested that the woman sign a lease of her mineral rights. The woman signed the lease as requested, and it was promptly and properly recorded. The drilling operations were successful, and the drilling company prepared to distribute profits from royalties. However, a dispute arose between the neighbor and the woman, as both parties claim ownership of the minerals.
The period of time to acquire title by adverse possession in the jurisdiction is 10 years.
In an action to determine title, is the court likely to award title to the mineral estate to the woman?
| A. | No, because the woman actually possessed only the surface estate that had previously been severed from the mineral estate. | |
| B. | No, because the woman did not actually possess the mineral estate until she signed the lease of the mineral rights. | |
| C. | Yes, because the neighbor failed to record the warranty deed conveying the mineral estate. | |
| D. | Yes, because the woman adversely possessed both the surface estate and the mineral estate for the statutory period. |
A baker borrowed funds from an investor to purchase a plot of land on which the baker planned to build a new bakery. In order to secure repayment of the loan, the baker signed a nonnegotiable promissory note and executed a mortgage to the investor.
Five years later, the investor sold her promissory note to a credit union by endorsing the note and promptly delivering it to the credit union. Due to a downturn in business, the baker was unable to make payments on the mortgage. The credit union now seeks to foreclose on the baker's plot of land.
If the court denies the credit union's foreclosure, what is the most likely reason?
| A. | The mortgage required a separate written assignment in order for the transferee-credit union to enforce the mortgage. | |
| B. | The nonnegotiable promissory note required a separate document for assignment to the credit union, so neither the note nor the mortgage transferred. | |
| C. | The transfer of the nonnegotiable promissory note modified the terms of the loan, resulting in a release of the baker's personal liability. | |
| D. | The transfer of the nonnegotiable promissory note without the mortgage was void. |
A worker took a temporary job of unknown duration in a distant state. The worker entered into a written agreement to rent a room in that state on a weekly basis, with the weekly period to start on Sunday and a weekly rent of $350, reflecting a per-day rental rate of $50, to be paid at the end of the week on Saturday. The worker occupied the room and paid the rent for several months before learning on a Tuesday that his job would be finished the following day. That same Tuesday evening, the worker gave an oral notice of termination to the landlord.
There is no applicable statute.
Assuming that the landlord is unable to find someone else to rent the room, how much rent is the worker obligated to pay?
| A. | $150, because the worker's notice would terminate the lease immediately. | |
| B. | $350, because the worker's notice would terminate the lease at the end of the current period, on Saturday. | |
| C. | $500, because the worker's notice would terminate the lease seven days after notice was provided, on the following Tuesday. | |
| D. | $700, because the worker's notice would terminate the lease at the end of the next full period, on the following Saturday |
Two siblings inherited a commercial building from their parents. The siblings did not enter into any written agreement regarding the property. One sibling collected rent from tenants, paid the building's operating expenses, negotiated new leases, hired and supervised maintenance staff, and made decisions about capital improvements. The other sibling lived in another state and took no part in managing the building but received half of the net rental income each month.
A creditor has filed a claim against both siblings, arguing that their arrangement constitutes a general partnership, making both siblings jointly and severally liable for the business's debts.
The jurisdiction has the following rule: "Passive co-ownership of property by itself does not create a partnership. Instead, co-ownership of a business requires the sharing of control over the business. When determining whether a partnership exists, courts shall consider the number of related activities directed toward achieving a business's end goal."
Is the creditor likely to succeed in establishing that the siblings formed a general partnership?
Select one response options.
- No, because the siblings did not enter into a written agreement to form a partnership.
- No, because the siblings did not share control over the business.
- Yes, because the siblings co-owned the commercial building together.
- Yes, because the siblings shared the net rental income from the building each month.
Explanation:
A partnership is an association of two or more persons to carry on a for-profit business as co-owners. However, as indicated in the provided rule, passive co-ownership of property alone does not create a partnership (Choice C). Instead, co-ownership of a business requires the sharing of control over the business. In determining whether a partnership exists, courts consider the number of related activities directed toward achieving a business's end goal.
Here, the siblings inherited a commercial building, making them co-owners. One sibling managed all aspects of the building's operations—including collecting rent, negotiating leases, hiring and supervising maintenance staff, paying expenses, and making capital improvements. The other sibling took no part in managing the property and apparently had no control over business operations. Because the siblings did not share control over the business, the creditor is unlikely to succeed in establishing that the siblings formed a general partnership.
(Choice A) A written agreement is not required to form a partnership. A partnership may arise from the parties' conduct even in the absence of a formal agreement.
(Choice D) Although sharing profits may support the existence of a partnership, the provided rule focuses on whether the parties shared control over the business (not seen here).
Educational objective:
Passive co-ownership of property by itself does not create a partnership. A partnership requires co-ownership of a business, including the sharing of control over business operations.
- RUPA § 202(a) (partnership requires carrying on a business as co-owners for profit).
- RUPA § 202(c)(1) (co-ownership of property alone does not establish a partnership).
A financial consultant, a marketing specialist, and a graphic designer established a consulting firm as a limited liability company (LLC). The financial consultant contributed $60,000, the marketing specialist contributed $30,000, and the graphic designer contributed $10,000 to the LLC at formation. The LLC's operating agreement allocates profits and losses in proportion to each member's capital contribution but is silent regarding the rights of a member who withdraws.
Two years into the LLC's existence, the graphic designer withdrew from the LLC, and the remaining members continued the business as permitted by the operating agreement. During the following year, the LLC generated $90,000 in profits, but the remaining members refused to make any payment to the graphic designer.
The graphic designer has asked you for advice on whether she is entitled to any payment or continuing economic interest in the LLC following her withdrawal.
Which topics are the most important for you to research before advising the graphic designer?
Select two response option.
- Allocation of profits and distributions.
- Authority of members.
- Dissociation of a member.
- Dissolution and winding up.
- Fiduciary duties.
- Inspection rights.
Explanation:
A limited liability company's (LLC's) operating agreement governs the rights and obligations of its members. A member may dissociate from an LLC by withdrawing, but dissociation does not necessarily trigger dissolution and winding up or entitle the withdrawing member to immediate payment for her membership interest. A dissociated member's rights, including any right to receive payment or retain an economic interest, depend on the operating agreement and applicable LLC law.
Here, the graphic designer withdrew from the LLC, and the remaining members continued operating the business. Before advising the graphic designer on whether she is entitled to any payment following her withdrawal, it is important for you to research dissociation of a member to determine the effect of her withdrawal on her membership and economic rights.
Additionally, it is important to research allocation of profits and distributions to determine whether she is entitled to any share of the LLC's post-withdrawal profits and, if so, how that share should be calculated under the operating agreement and applicable law.
(Choice B) Authority of members concerns their power to bind the LLC in transactions with third parties. It is unrelated to a withdrawing member's economic rights.
(Choice D) Dissolution and winding up are not at issue because the remaining members continued the business after the graphic designer withdrew, as permitted by the operating agreement.
(Choice E) Fiduciary duties concern obligations owed by those managing the LLC. The facts do not suggest misconduct by the managers; the dispute instead concerns the withdrawing member's economic rights after dissociation.
(Choice F) Inspection rights concern access to the LLC's books and records (not at issue here).
Educational objective:
A dissociated member's rights, including the right to receive payment or retain an economic interest in the limited liability company's (LLC's) profits, depend on the operating agreement and applicable LLC law.
- RULLCA § 110 (providing that an LLC's operating agreement generally governs withdrawal issues).
- RULLCA § 603 (providing that a person's dissociation does not automatically terminate all economic rights associated with person's transferable interest).
- RULLCA § 701 (identifying events that cause dissolution).
Integrated Question Set: Task Materials
You are an associate at a law firm. Six months ago, your client purchased 20 acres of land from a seller to build a farm homestead. Two weeks ago, the seller's brother contacted the client and claimed that he owns five acres of the land sold by the seller. The brother explained that the seller deeded the five acres to the brother five years ago after losing a high-stakes game of poker. The brother further stated that the land had been sold to the client without the brother's consent. The following is a copy of the deed between the seller and the client:
THIS DEED is made this 1st day of March, 2025, by and between [SELLER] (hereinafter referred to as GRANTOR) and [CLIENT] (hereinafter referred to as GRANTEE).
GRANTOR does hereby grant, convey, and warrant unto GRANTEE the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN, as described in Exhibit A, a metes and bounds survey attached to this DEED.
GRANTOR covenants with GRANTEE that GRANTOR has lawful authority to sell and convey the aforementioned property in fee simple.
GRANTOR further covenants with GRANTEE that the property is free and clear of any encumbrance or other claim of right, except as noted herein, if any.
GRANTOR warrants and will defend the title to the said premises against claims of all persons.
GRANTOR'S Signature: /s/ [Seller]
End of excerpt
At this time, the brother has not yet filed suit against your client.
Now answer Component 1.
The client is concerned that the deed may be invalid because the face of the deed does not contain the description of the property. Instead, the description is found in a metes and bounds survey attached to the deed as Exhibit A.
Component 1: Assuming that the facts provided are true, which covenants did the seller breach when he conveyed the land to your client?
Select two response options.
- Covenant against encumbrances.
- Covenant of further assurances.
- Covenant of quiet enjoyment.
- Covenant of seisin.
- Covenant of the right to convey.
- Covenant of warranty.
Explanation:
The grantor of a general warranty deed makes six covenants or promises to the grantee that title is free of any encumbrances or defects. The three present covenants, listed below, can be breached at the time of conveyance:
- Covenant of seisin – promises that the grantor (here, the seller) owns the interest that is being conveyed
- Covenant of the right to convey – promises that the grantor has the legal right to transfer the interest set forth in the deed
- Covenant against encumbrances – promises that there are no undisclosed encumbrances against the interest conveyed
Here, assuming that the facts provided are true, the seller did not own five acres of the land he conveyed to the client. This breached the covenant of seisin because the seller did not own the entire interest being conveyed. And because the seller did not own the five acres, he did not have the legal right to transfer the land as described in the deed. Therefore, the seller has also breached the covenant of the right to convey.
(Choice A) There are no facts indicating that there is an encumbrance (e.g., an easement) on the land. As a result, the seller did not breach the covenant against encumbrances.
(Choices B, C, and F) The covenants of further assurances, quiet enjoyment, and warranty are future covenants. A breach of such covenants occurs only when a third party interferes with the grantee's possession—e.g., when the grantee has been sued or evicted by someone with a valid superior interest. But here, the brother has not yet sued the client.
Educational objective:
A general warranty deed makes three present covenants that can be breached at the time of conveyance: (1) the covenant of seisin, (2) the covenant of the right to convey, and (3) the covenant against encumbrances.
Integrated Question Set: Task Materials
You are an associate at a law firm. Six months ago, your client purchased 20 acres of land from a seller to build a farm homestead. Two weeks ago, the seller's brother contacted the client and claimed that he owns five acres of the land sold by the seller. The brother explained that the seller deeded the five acres to the brother five years ago after losing a high-stakes game of poker. The brother further stated that the land had been sold to the client without the brother's consent. The following is a copy of the deed between the seller and the client:
THIS DEED is made this 1st day of March, 2025, by and between [SELLER] (hereinafter referred to as GRANTOR) and [CLIENT] (hereinafter referred to as GRANTEE).
GRANTOR does hereby grant, convey, and warrant unto GRANTEE the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN, as described in Exhibit A, a metes and bounds survey attached to this DEED.
GRANTOR covenants with GRANTEE that GRANTOR has lawful authority to sell and convey the aforementioned property in fee simple.
GRANTOR further covenants with GRANTEE that the property is free and clear of any encumbrance or other claim of right, except as noted herein, if any.
GRANTOR warrants and will defend the title to the said premises against claims of all persons.
GRANTOR'S Signature: /s/ [Seller]
End of excerpt
At this time, the brother has not yet filed suit against your client.
Now answer Component 2.
You contact the seller regarding the brother's claim to the property. The following is an excerpt of the transcript of your conversation with the seller:
[You]: My client was recently contacted by your brother, who claims that he is the true owner of a five-acre parcel on the 20 acres of land you sold to my client.
[Seller]: Not this again. I thought [Brother] understood that conveyance was a joke.
[You]: What do you mean? So [Brother] does have title to the property?
[Seller]: Well, I deeded the property over to him after losing a poker game. But I was just joking around! We were all having fun and laughing about making the game high-stakes. It was just supposed to be symbolic because I never lose to him in poker.
[You]: Okay, so did you execute the deed and gave it to [Brother]?
[Seller]: I signed it the following day. Then I took a photo of the deed and sent it to [Brother]. The deed said: "To my only living sibling, I transfer the five-acre plot on the southwest corner of Teakwood Estates, in Themis County, Franklin." [Brother] never signed the deed. And he didn't pay me for it either! I still have the deed in my desk drawer because something told me that [Brother] would try to exercise power over the property, even though the whole thing was a joke. I couldn't risk giving the deed to him, especially since I knew I wanted to sell the property so that I could retire in another country.
Component 2: What is your best argument that the deed is valid and enforceable against the seller in spite of the client's concern?
The length of the answer should be about one to two sentences
Answer
Explanation:
A deed is a document that conveys an interest in real property from the owner (grantor) to another (grantee). To be valid, a deed must:
- be in writing and signed by the grantor
- identify the grantor and the grantee
- contain words of transfer (e.g., "deed over," "transfer," "give") and
- describe the property interest being transferred.
The property description must be reasonably definite for the deed to be valid, but extrinsic evidence is admissible to clarify the property being conveyed. Descriptions by metes and bounds or by street address are acceptable to describe the property, but they are not required.
Here, the deed is in writing, it is signed by the seller (grantor), and it identifies the seller and the client as the grantor and grantee. The deed also contains words of transfer ("GRANTOR does hereby grant, convey, and warrant unto GRANTEE").
Additionally, the deed describes the property interest being conveyed ("the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN") and references a metes and bounds survey attached as Exhibit A. Because Exhibit A (extrinsic evidence) provides a more precise description of the land, the "reasonably definite" requirement is likely satisfied. Therefore, this is your best argument that the deed is valid and enforceable against the seller in spite of the client's concern.
Educational objective:
To be valid, a deed must describe the property interest being transferred. The description must be reasonably definite, but extrinsic evidence is admissible to clarify the property being conveyed.
Integrated Question Set: Task Materials
You are an associate at a law firm. Six months ago, your client purchased 20 acres of land from a seller to build a farm homestead. Two weeks ago, the seller's brother contacted the client and claimed that he owns five acres of the land sold by the seller. The brother explained that the seller deeded the five acres to the brother five years ago after losing a high-stakes game of poker. The brother further stated that the land had been sold to the client without the brother's consent. The following is a copy of the deed between the seller and the client:
THIS DEED is made this 1st day of March, 2025, by and between [SELLER] (hereinafter referred to as GRANTOR) and [CLIENT] (hereinafter referred to as GRANTEE).
GRANTOR does hereby grant, convey, and warrant unto GRANTEE the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN, as described in Exhibit A, a metes and bounds survey attached to this DEED.
GRANTOR covenants with GRANTEE that GRANTOR has lawful authority to sell and convey the aforementioned property in fee simple.
GRANTOR further covenants with GRANTEE that the property is free and clear of any encumbrance or other claim of right, except as noted herein, if any.
GRANTOR warrants and will defend the title to the said premises against claims of all persons.
GRANTOR'S Signature: /s/ [Seller]
End of excerpt
At this time, the brother has not yet filed suit against your client.
Now answer Component 3.
One month after your conversation with the seller, the brother filed suit against your client, asserting superior title to the five-acre plot of land. You notified the seller about the lawsuit and demanded that the seller defend the client's title to the property. The seller refused, forcing you to file an answer to the brother's complaint and mount a defense.
After the close of discovery, you filed a motion for summary judgment. The court granted the motion, finding that the brother did not have a valid claim of title to the property. Now, your client wants to sue the seller to recover the cost of defending her title against the brother's claim.
Component 3: Which fact is most likely to be dispositive as to whether the purported conveyance to the brother was valid?
Select one response option.
- The brother did not give consideration in exchange for the deed.
- The brother never signed the deed.
- The seller did not name the brother as the grantee.
- The seller is still in possession of the deed.
A deed must contain certain components (see table above). But to effectively transfer an interest in real property, the deed must also be:
- delivered by the grantor – presumed when the deed has been recorded or is in the grantee's possession and
- accepted by the grantee – presumed when the conveyance is beneficial to the grantee.
Here, the seller executed the deed to the brother, which described the five-acre plot to be conveyed. Although the brother did not sign the deed, only the seller (the grantor) needed to sign the deed—and he did so (Choice B). But the seller never delivered the deed to the brother since the deed was never recorded or put in the brother's possession. Therefore, the fact that the seller is still in possession of the deed is most likely to be dispositive as to whether the purported conveyance to the brother was valid.
(Choice A) Unlike a party to a contract, a grantee does not need to give consideration in exchange for a deed.
(Choice C) A grantee's identity may be determined by extrinsic evidence. So here, extrinsic evidence can be used to identify the seller's "only living sibling" as the brother.
Educational objective:
To effectively transfer an interest in real property, a deed must be delivered by the grantor and accepted by the grantee. Delivery is presumed when the deed has been recorded or is in the grantee's possession.
Integrated Question Set: Task Materials
You are an associate at a law firm. Six months ago, your client purchased 20 acres of land from a seller to build a farm homestead. Two weeks ago, the seller's brother contacted the client and claimed that he owns five acres of the land sold by the seller. The brother explained that the seller deeded the five acres to the brother five years ago after losing a high-stakes game of poker. The brother further stated that the land had been sold to the client without the brother's consent. The following is a copy of the deed between the seller and the client:
THIS DEED is made this 1st day of March, 2025, by and between [SELLER] (hereinafter referred to as GRANTOR) and [CLIENT] (hereinafter referred to as GRANTEE).
GRANTOR does hereby grant, convey, and warrant unto GRANTEE the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN, as described in Exhibit A, a metes and bounds survey attached to this DEED.
GRANTOR covenants with GRANTEE that GRANTOR has lawful authority to sell and convey the aforementioned property in fee simple.
GRANTOR further covenants with GRANTEE that the property is free and clear of any encumbrance or other claim of right, except as noted herein, if any.
GRANTOR warrants and will defend the title to the said premises against claims of all persons.
GRANTOR'S Signature: /s/ [Seller]
End of excerpt
At this time, the brother has not yet filed suit against your client.
Now answer Component 4.
Six months later, the client contacts you regarding a separate negligence suit filed by a visitor on her property. During the summer months, the client would allow the public to pick vegetables on her farm for free. To prevent visitors from roaming around the rest of her property, the client posted "No Trespassing" signs on the trees lining the free vegetable patch.
One Saturday morning, the visitor came to the client's farm to pick vegetables. When the visitor was done, she decided to rest under one of the trees lining the vegetable patch. As she approached the trees, the visitor noticed a small stream beyond the tree line. The visitor decided to relax by the stream instead. While the visitor was taking off her shoes by the stream, a venomous snake hiding in the leaves bit her ankle.
The client wants you to defend her in the negligence suit. In preparation for the case, you review the following judicial opinion, which is binding in your jurisdiction:
Sydney v. Citrus City, LLC.
Franklin Supreme Court (2021)
Ann Sydney sued Citrus City, LLC (Citrus) for negligence after she was injured while picking produce on Citrus's property. The trial court granted Citrus's summary judgment motion, dismissing Sydney's claim. We affirm.
FACTS
Citrus provides free produce to low-income citizens in Franklin and operates from 9:00 a.m. until 3:00 p.m. each day. However, it was not uncommon for Franklin citizens to continue picking produce up to one hour after Citrus's official closing time, and Citrus was aware of this practice. On the day of her injury, Sydney entered the premises at approximately 2:00 p.m. and picked produce until approximately 4:15 p.m. At that time, Sydney tripped and fell into a hole dug by a Citrus employee who was attempting to repair some sprinkler heads. In her deposition, Sydney admitted that she was being "inattentive" and would have seen the hole had she not been texting.
ANALYSIS
In Franklin, land possessors owe a duty of reasonable care to (1) public invitees—those invited to enter or remain on land held open to the public—and (2) business visitors—those invited to enter or remain on the land for a business purpose. This includes a duty to inspect the property for unreasonably dangerous conditions and to protect public invitees and business visitors from such hazards.
Behavior exceeding the scope of this invitation is treated as trespassory conduct. And a land possessor typically owes no duty of care to trespassers. But a land possessor does owe a duty to warn known trespassers of concealed, dangerous, and artificial conditions on the land. A trespasser is considered to be known if the land possessor should reasonably know that trespassers consistently enter his land.
Because Citrus's business hours end at 3:00 p.m., Sydney's continued presence past 3:00 p.m. exceeded the scope of her invitation. As a result, this court must apply the standard of care owed to trespassers. But Sydney is a known trespasser, because it was not uncommon for Franklin citizens to continue picking produce up to one hour after Citrus's official closing time, and Citrus was aware of this practice.
Here, the hole dug by the Citrus employee was artificial, as it was created by the employee. But in her deposition, Sydney admitted that she was being "inattentive" and would have seen the hole had she not been texting while walking. Therefore, though the condition that was created was both dangerous and artificial, by Sydney's own admission, it was not concealed.
CONCLUSION
Because the hole was not a concealed artificial danger, Citrus had no duty to warn Sydney about it. Accordingly, we affirm the trial court's grant of Citrus's motion for summary judgment.
End of opinion
Component 4: Briefly explain one reason why the client may not be able to recover the cost of defending her title from the seller.
The length of the answer should be about one to two sentences.
Answer
Explanation:
Many things may make a client's objectives unattainable in litigation. This includes the failure to satisfy certain requirements that must be met. Here, your client wants to sue the seller to recover the cost of defending her title to the property against the brother's claim.
A grantor of a general warranty deed makes six covenants of title to the grantee. The future covenants are breached when the grantee is sued or evicted by someone with a valid superior interest. To recover for such a breach, the grantee must first notify the grantor about the interference, and the grantor must refuse to defend the title. The grantee can then recover the purchase price or the cost of defending the defective title, whichever is less. But the grantor is not required to defend against a third party's wrongful claim or eviction.
Here, the brother sued your client, asserting superior title. The client notified the seller, and the seller refused to defend the client's title to the property. This forced the client to mount her own defense. However, the seller was only required to defend against lawful claims to title, and the court found in granting your motion that the brother did not have a valid claim. For that reason, the client is unlikely to recover the cost of defending her title from the seller.
Educational objective:
The future covenants of title are breached when the grantee is sued or evicted by someone with a valid superior interest. But the grantor is not required to defend against a third party's wrongful claim or eviction.
Integrated Question Set: Task Materials
You are an associate at a law firm. Six months ago, your client purchased 20 acres of land from a seller to build a farm homestead. Two weeks ago, the seller's brother contacted the client and claimed that he owns five acres of the land sold by the seller. The brother explained that the seller deeded the five acres to the brother five years ago after losing a high-stakes game of poker. The brother further stated that the land had been sold to the client without the brother's consent. The following is a copy of the deed between the seller and the client:
THIS DEED is made this 1st day of March, 2025, by and between [SELLER] (hereinafter referred to as GRANTOR) and [CLIENT] (hereinafter referred to as GRANTEE).
GRANTOR does hereby grant, convey, and warrant unto GRANTEE the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN, as described in Exhibit A, a metes and bounds survey attached to this DEED.
GRANTOR covenants with GRANTEE that GRANTOR has lawful authority to sell and convey the aforementioned property in fee simple.
GRANTOR further covenants with GRANTEE that the property is free and clear of any encumbrance or other claim of right, except as noted herein, if any.
GRANTOR warrants and will defend the title to the said premises against claims of all persons.
GRANTOR'S Signature: /s/ [Seller]
End of excerpt
At this time, the brother has not yet filed suit against your client.
Now answer Component 5.
Question
Component 5: Based on Sydney v. Citrus City, LLC, identify and explain one strength in the client's position that she did not owe the visitor a duty of reasonable care.
The length of the answer should be about one to two sentences.
Answer
Explanation:
In Sydney v. Citrus City, LLC, the court stated that land possessors owe a duty of reasonable care to public invitees and business visitors. A public invitee is someone invited to enter or remain on land held open to the public. However, exceeding the scope of that invitation makes the individual a trespasser. And a land possessor typically owes no duty of care to trespassers. Even if the trespasser is a known trespasser, the landowner only owes a duty to warn the trespasser of concealed, dangerous, and artificial conditions.*
In your client's case, the visitor was a public invitee when she entered the free vegetable patch because she was invited to enter the land that was open to the public. However, the visitor exceeded the scope of her invitation by crossing the tree line despite the "No Trespassing" signs. As a result, the visitor will be treated as a trespasser. Therefore, this is a strength in the client's position that she did not owe the visitor a duty of reasonable care.
*Franklin follows the traditional approach to landowner liability, under which landowners owe different duties of care to invitees and licensees.
Educational objective:
Land possessors generally owe a duty of reasonable care to public invitees. But an invitee who exceeds the scope of the invitation becomes a trespasser to whom no duty of care is owed.
Integrated Question Set: Task Materials
You are an associate at a law firm. Six months ago, your client purchased 20 acres of land from a seller to build a farm homestead. Two weeks ago, the seller's brother contacted the client and claimed that he owns five acres of the land sold by the seller. The brother explained that the seller deeded the five acres to the brother five years ago after losing a high-stakes game of poker. The brother further stated that the land had been sold to the client without the brother's consent. The following is a copy of the deed between the seller and the client:
THIS DEED is made this 1st day of March, 2025, by and between [SELLER] (hereinafter referred to as GRANTOR) and [CLIENT] (hereinafter referred to as GRANTEE).
GRANTOR does hereby grant, convey, and warrant unto GRANTEE the 20-acre parcel of land situated in THEMIS County, State of FRANKLIN, as described in Exhibit A, a metes and bounds survey attached to this DEED.
GRANTOR covenants with GRANTEE that GRANTOR has lawful authority to sell and convey the aforementioned property in fee simple.
GRANTOR further covenants with GRANTEE that the property is free and clear of any encumbrance or other claim of right, except as noted herein, if any.
GRANTOR warrants and will defend the title to the said premises against claims of all persons.
GRANTOR'S Signature: /s/ [Seller]
End of excerpt
At this time, the brother has not yet filed suit against your client.
Now answer Component 6.
Component 6: Identify two facts in the client's matter that are distinct from the dispositive facts in Sydney v. Citrus City, LLC concerning whether Citrus breached a duty to warn of concealed, dangerous, and artificial conditions.
Provide one answer in each answer field. The length of each answer should be about one to two sentences.
Answer
Submit
Explanation:
To identify dispositive (i.e., outcome-determinative) facts in a judicial opinion and distinct (i.e., different) facts in your client's case, you must:
- identify the judicial opinion's holding and the facts that determined the outcome
- identify legally significant facts in your problem and
- compare your facts to the facts in the court's reasoning.
Here, in Sydney v. Citrus City, LLC, the court determined that the hole dug by the Citrus employee was artificial, as it was created by the employee. However, the court determined that the danger was not concealed, as Sydney admitted that she would have seen the hole had she not been texting while walking. Therefore, Citrus had no duty to warn Sydney about the hole.
In the client's matter, the following facts are different from the facts in Sydney v. Citrus City, LLC:
- The snake was a natural (not artificial) condition since it was not a condition created by the client.
- The snake was hiding in the leaves, making it a concealed dangerous condition on the land.
Therefore, these two facts are distinct from the dispositive facts in Sydney v. Citrus City, LLC concerning whether Citrus breached a duty to warn of concealed, dangerous, and artificial conditions.
Educational objective:
To identify dispositive facts in a judicial opinion and distinct facts in your client's case, you must (1) identify the opinion's holding and facts that determined the outcome, (2) identify legally significant facts in your problem, and (3) compare your facts to the facts in the court's reasoning.
Frequently Asked Questions (FAQs)
What are the 5 Real Property topics covered on the MBE?
Real Property bar exam questions on the MBE will be evenly distributed among 5 topics:
- Ownership of real property
- Rights in real property
- Real estate contracts
- Mortgages/security devices
- Titles
What is the difference between MBE and NextGen Real Property?
The MBE tests Real Property through 25 closed-book multiple-choice questions. The NextGen UBE tests Real Property through multiple-choice questions, integrated question sets, and performance tasks, with legal resources provided for certain topics. The NextGen exam adds skills-based testing, including drafting, legal writing, client counseling, and applied analysisāformats not present on the MBE.
What Real Property topics are tested on the NextGen UBE?
The NextGen UBE Real Property scope includes 5 topics identified by the NCBE: ownership of real property, rights in real property, real estate contracts, mortgages and security devices, and titles. These topics align with the traditional Real Property topics tested on the MBE. While some questions may provide legal resources, examinees are generally expected to have a working knowledge of fundamental common-law real property principles.
Read About Other Bar Exam Subjects
Master jurisdiction, motions, and trial rules with clear breakdowns and practice that mirrors how questions actually appear.
Learn how contracts are formed, enforced, and breached through real exam scenarios and high-yield rule application.
How far does the Commerce Clause reach? Master MBE and NextGen UBE constitutional law: judicial review, federalism, and individual rights.
Understand crimes, defenses, and constitutional protections with fact patterns that reflect real testing scenarios.
Cut through complex rules on admissibility, relevance, and hearsay with practical examples and exam-focused explanations.
Break down liability, negligence, and defenses with clear frameworks and questions designed to sharpen legal reasoning.
References
- National Conference of Bar Examiners. MBE subject matter outline. Retrieved from
https://www.ncbex.org/sites/default/files/2023-01/MBE_Subject_Matter_Outline.pdf
- National Conference of Bar Examiners. NextGen bar exam. Retrieved from
- National Conference of Bar Examiners. NextGen UBE content scope: July 2026āFebruary 2027. Retrieved from
- National Conference of Bar Examiners. (n.d.). About the MBE. Retrieved from
