real property essay approach

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Master Essay: Real Property

Real Property is an intimidating subject, but it is not the hardest subject on the bar examination. I suggest you spend 10-20 minutes outlining your answer and the rest of the hour writing. When you review each of your answers, keep track of your mistakes. Issue spotting is an art, and it takes practice. The good news is that the key issues in every subject are tested in fairly common ways.

When you make a legal error, it is useful to note it on the Micro Review outline. Keep in mind that annotating an outline with your legal errors is extremely useful. It is “active learning” that reinforces new knowledge. The idea is to waste as little time as possible on reviewing stuff you don’t know. Instead, you want to learn new material and place it in the proper context.

Here are the fact patterns and issue outlines – and one model answer – for our Master Essay Method Real Property Seminar .

Here is the video seminar with the essay approach and a discussion of each of the fact patterns. Remember that if you click on the playlist button in the upper-left corner you can skip around within the seminar.

Here is a list of the videos that make up the seminar:

Property Approach
Property, July 2008
Property, July 2007
Property, February 2007
Property, February 2006
Property, February 2005
Property, February 2004
Property, July 2002
Property, July 2000
Property, July 1999
Property, February 1997
Property, February 1991
Property, February 1989
Property, February 1980
Advice for First-Time Takers
How to Pass the California Bar Examination
Repeating the Cal Bar Exam

Legal Three

Real Property Essay Openers for the California Bar Exam

Real Property – Opening Paragraphs

Landlord-Tenant Relationships

Tenancy for Years

A tenancy for years is a tenancy that continues for a fixed period of time. A tenancy for a period greater than one year comes under the statute of frauds, and thus must be in writing, signed by the party to be charged, to be enforceable. It terminates upon the specified date.

Periodic Tenancy

A period tenancy is one that continues for successive or continuous intervals. It may be created expressly or by implication. The party who wishes to terminate the lease must provide written notice, and the notice must be at least equal to the length of the period itself. Also, the tenancy must end the conclusion of a natural lease period.

An assignment occurs when the assignor assigns his entire interest under the lease to another. The assignee stands in the shoes of the original tenant in a direct relationship with the landlord. The landlord and assignee are in privity of estate, and each is liable to the other on all lease covenants that run with the land. But, the landlord and assignor remain in privity of contract, thus the assignor remains liable for all unpaid rent.

An assignee and landlord are liable to each other for all covenants that run with the land. A covenant runs with the land if (1) the original parties to the lease intended that the covenants run with the land, and (2) the covenant “touches and concerns” the land. A covenant touches and concerns the land when the agreement burdens one party while benefiting the other, respecting their interests in the property.

A sublease occurs when the subleasor moves out of the premises, and allows the subleasee to move into the premises as the subleasor’s tenant. A subleasee is only in privity with the subleasor, and is not personally liable to the landlord for rent or for the performance of any of the covenants in the main lease unless the subleasee expressly assumes the covenants.

Thus, a subleasee cannot enforce any covenants made by the landlord in the original lease. However, a residential subleasee may be able to enforce the implied warranty of habitability against the landlord.

Implied Covenant of Quiet Enjoyment

A landlord has an implied duty not to interfere with a tenant’s quiet enjoyment and possession of the premises. The covenant may be breached by total, partial or constructive eviction.

A partial eviction requires physical exclusion from some part of the property. The tenant may stay on the portion that is not affected, but is not obligated to pay rent. But, if the eviction is done by someone claiming paramount title, the tenant must pay the landlord for the portion retained.

A constructive conviction occurs when the landlord, by failing to provide a services that he has a duty to provide, makes the property uninhabitable. The tenant must move out within a reasonable amount of time, and make seek damages. Unlike an actual eviction, the tenant must continue to pay rent.

Implied Covenant of Habitability

A landlord has a duty to ensure that a residence is reasonably suited for human habitation. The standard is usually set by the local housing code. Only applies to residential property. Where breached, tenant has three options: (1) abandon the premises and terminate the lease, (2) repair and abate rent, or (3) remain and sue for damages.

Concurrent Estates

Joint Tenancy

A joint tenancy occurs where two or more tenants possess the entire parcel with rights of survivorship. When a joint tenant dies his interest dissolves, and the surviving tenants retain an undivided right to the property, which is no longer subject to the deceased-tenant’s interest. At common law, four unities are required to create a joint tenancy: (1) unity of time, (2) unity of title, (3) unity of interest and (4) unity of possession (T-TIP).

Voluntary or involuntary intervivos conveyance severs the joint tenancy as to the transferred/encumbered interest, and creates a tenancy in common. The other joint tenancy remains in tact. Under the lien theory, encumbrance does not sever. Under the title theory, the encumbrance will not sever immediately, but it will sever upon foreclosure.

Tenancy in Common

A tenancy in common exists where two or more people hold title to a property with no right of survivorship. The common law presumes a tenancy in common is created where there is no mention of a right to survivorship.

Each co-tenant has a right to possess the entire parcel, subject to the equal rights of her co-tenant. Generally, a co-tenant in possession does not have to reimburse the other tenants for the rental value of her use of the premises. However, where one tenant wrongfully excludes another from possession of the parcel, there is an ouster, and the ousted tenant may bring a possessory action to recover the fair rental value of the property for the time she was ousted.

A co-tenant must share rent gained from a third party from exploitation of the land.

All co-tenants must contribute to taxes and mortgage.

All co-tenants must contribute to necessary repairs in proportion to their ownership interest. But, a co-tenant is not entitled to reimbursement for improvements to the property unless and until there is partition.

Adverse Possession

Possession for a statutorily prescribed period of time may, if certain elements are met, ripen into title. The adverse possession claimant must demonstrate: (1) continuous possession for the statutory period (at common law 20 years), (2) possession which is open and notorious – the way a record title owner would use the property, (3) The possession must be actual, not hypothetical or symbolic, and (3) the possession must be hostile – that is without the true owner’s consent.

Possession by successive adverse possesers may be tacked together to make up the full statutory period provided that there is privity between them.

If the true owner is suffering from a disability at the time the statute of limitations begins to run, the period is tolled until the owner is free from the disability. If the true owner acquires a disability after the statutory period began to run – there is no tolling.

Affirmative Easement

An affirmative easement is a non-possessory right that entitles its holder to go onto and do something on another’s land. It may be appurtenant, where the easement directly benefits the use and enjoyment of a specific property, or in gross where the easement only burdens land.

An affirmative easement can be created by express grant, implication (prior use or necessity), or prescription (adverse possession).

Negative Easement

A negative easement is a grant of a non-possessory interest in land that entitles its holder to prevent the servient landowner from doing something that would otherwise be permissible. Only applies to light, air, support, or stream of water from an artificial source. A minority of states, including CA, also allow negative easements for scenic views.

Can only be created expressly in a writing signed by the grantor.

Transfer of Easements

Where the easement is appurtenant, the benefit of the easement passes automatically with transfer of the land. Where an easement is in gross, the benefit of the easement passes with the land only if it is for commercial purposes.

The burden of a benefit – whether appurtenant or in gross – is binding on subsequent holders of the servient estate only if (1) the original parties to the easement agreed that the burden would be binding on subsequent holders, and (2) the party to be bound had actual, record or inquiry notice of the easement. Where a BFP takes burdened land without notice of the easement – it will not be binding on him.

Scope of an Easement

The terms of the agreement are controlling as to the scope of an easement. If an easement agreement is silent on duration, it is presumed to be a perpetual easement. The scope of the easement is limited to reasonable use of the development of the land which would have been contemplated at the time the easement was granted. If there is an excessive use, the easement does not automatically terminate, but rather, the use that goes beyond the scope is enjoined.

The benefited landowner has duty to make reasonably necessary repairs, and has implied consent to enter the burdened land to make repairs. The burdened landowner has no obligation to repair the easement.

Termination of an Easement

An easement is terminated where the dominant and servient estate are merged because a single owner holds title to both estates.

Written release given by the easement holder to the servient owner will terminate the easement.

An easement may terminate by estoppel where the easement holder represents that his is relinquishing his rights under the easement, and the servient landowner materially changes position in reliance on the representation.

An easement does not terminate by non-use, but an easement may terminate where there is (1) intent to terminate, accompanied with (2) a physical manifestation of abandonment of the easement.

A license is a privilege to enter another’s land for some delineated purpose. It need not be in writing. And it is freely revocable at the will of the licensor, unless estoppel applies to bar revocation. Estoppel will apply only if the licensee has invested substantial money or labor in reasonable reliance on the continuation of the license.

A profit entitles its holder to enter the servient estate to extract resources. Misuse that overly burdens the land will result in termination of the profit by “surcharge.” Otherwise, it shares the same rules as easements.

A promise to do (affirmative) or not do (restrictive) something related to the land.

The benefit of a covenant will run with the land if (1) it is in writing, (2) the original parties intended the covenant to run with the land, (3) the covenant touches and concerns the land, and (4) there is vertical privity – nexus between the seller and the purchaser.

The burden of a covenant will run with the land if (1) it is in writing, (2) the original parties intended the covenant to run with the land, (3) the covenant touches and concerns the land, (4) there is horizontal privity – nexus between the original promising parties, (4) there is vertical privity – nexus between the seller and the purchaser, and (5) the purchaser has actual, record, or inquiry notice that the parcel is burdened.

Equitable Servitude

A promise to do or not do something related to the land that is accompanied by a request for injunctive relief.

It will bind successors if (1) in writing, (2) intent, (3) touch and concern, and (4) successor on notice.

Implied Reciprocal Servitude

An implied equitable servitude will hold an unrestricted lot holder to a restrictive covenant if (1) the sub-divider had a general scheme of residential development which included the purchaser’s lot and (2) the purchaser had actual, inquiry or record notice of the promise contained in the prior deeds.

Defense: Changed Conditions

Where a party seeking release from the terms of the equitable servitude can demonstrate that changed conditions are so pervasive that the entire area has changed – he will not be bound by the servitude.

Land Conveyances

Contracts for the sale of land

Generally, a land contract must satisfy the statute of frauds – it must be in writing, signed by the party to be bound. It must contain all the essential terms: parties, price, and a description of the land, which provides a good lead.

However, a court may enforce an oral land sale contract under the doctrine of part performance. The party seeking enforcement must show (1) payment of all or part of the purchase price, and either (2) delivery of possession or (3) improvements by the purchaser.

Marketable Title

The seller promises to provide marketable title at closing. That is, title must be free from reasonable doubt. Title will be unmarketable if (1) any portion of the title rests on adverse possession, (2) there are any servitudes or outstanding mortgages on the on the land, or (3) the property is in violation of a zoning ordinance.

The deed must be in writing, singed by the grantor, and delivered to the grantee. Delivery is satisfied where there the grantor has a present intent to be immediately transfer the interest in the property. Physical delivery is not required. But, where the recipient expressly rejects the deed, there is no delivery. Under the doctrine of merger, the K terms of the land sale agreement are merged into the deed – including the price, parties and description.

Where the grantor delivers the deed directly to the grantee, oral conditions on the deed are not binding.

However, where the grantor delivers the deed to a third party, oral conditions are binding, and title will transfer automatically upon the occurrence of the condition. Absent the condition, the grantor will retain title.

The quitclaim deed

Contains no covenants. The grantor promises only to convey marketable title at the time of closing, the grantor is not responsible for any problems that arise after closing.

The general warrant deed

Contains six covenants, which the grantor makes on behalf of himself and all predecessors in interest.

Covenant of seisin: grantor warrants that he owns the estate he now seeks to convey.

*Covenant of right to convey*: grantor promises that he has the power to make this conveyance. Meaning there are no temporary restraints on grantor’s power to sell.

Covenant against encumbrances: grantor promises that there are no servitudes or mortgages on the land.

Covenant for quiet enjoyment: grantor promises that grantee will not be disturbed in possession by a 3 rd party’s lawful claim of title.

Covenant of warranty: grantor promises to defend grantee should there be any lawful claims of title asserted by others.

Covenant of further assurances: grantor promises to do whatever future acts are reasonably necessary to perfect the title if it later turns out to be imperfect.

Note: a future covenants is not breach, if ever, until grantee is disturbed in possession. Thus, thus statute of limitations will not begin to run until that future date.

The statutory special warranty deed

Contains two covenants, which the grantor makes on behalf of himself only.

Grantor promises that he has not conveyed the estate to anyone other than grantee.

Grantor promises that the estate is free from any encumbrances made by the grantor.

The Recording System

In a pure race jurisdiction, whoever records first wins, and actual notice is irrelevant.

In a notice jurisdiction, a subsequent BFP is protected if she records the conveyance.

In a race-notice jurisdiction, a subsequent BFP is protected if she records her conveyance before the prior grantee.

The Shelter Rule

One who takes from a BFP, will prevail against any entity that the transferor BFP would have prevailed against. In other words, the transferee “takes shelter” in the status of his transferor, and thereby “steps into the shoes” of the transferor.

If a deed, entered on the record, has a grantor unconnected to the chain of title, the deed is a wild deed, and it is incapable of giving record notice of its existence.

Where a mortgagee transfers his interest in the mortgage by endorsing the note and delivering it to the transferee, the transferee is eligible to become a holder in due course, and thus takes the note free of any personal defenses that could have been raised against the original mortgagee. However, the holder in due course is still subject to “real” defenses such as MAD FIFI4.

The debtor-mortgagee may transfer his interest, but the lien remains on the land. The subsequent buyer takes subject to a properly recorded lien, but assumes no personal liability unless she assumes the mortgage.

Foreclosure destroys all interests junior to the mortgage being foreclosed, including easements. All parties with subordinate interest must be given notice of the foreclosure as necessary parties. Failure to include necessary parties will result in the preservation of that party’s interest despite foreclosure and sale.

Where a party breaches a land-sale contract, the non-breaching party may recover

Compensatory damages for any foreseeable harm. Must show causation, certainty, foreseeability, and unavoidable damages.

Specific Performance. Must show (1) inadequate legal remedy, (2) definite and certain contract terms, (3) feasibility of enforcement, (4) mutuality of enforcement, and (5) lack of defenses.

Injunction where there is interference with one’s property rights. Must show: (1) inadequate legal remedy, (2) property right, (3) feasibility of enforcement, (4) balance of hardships, (5) lack of defenses.

Defenses include: unclean hands, laches, freedom of speech, freedom of association.

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Real Property

Real Property includes anything that grows on, attaches to, or is erected on land, including structures, roads, sewers, and fences that are man-made, except for anything that may be removed from the land without causing harm. Man-made objects are improvements, while vacant land is unimproved.

Real Property law relates to the land, things growing on the land, buildings, or other man-made improvements on the land, and excluding things that can be removed without injury to the land. Examples include real estate conveyances, title searches, leases, condominiums, mortgages, other liens, property taxes, real estate development, real estate financing, and determining property rights. The government administered the first Multistate Bar Examination (MBE®) in 1972 to 4,955 examinees from 19 jurisdictions.

Real Property Breakdown by Topic, Weightage, and Tested Questions

The Real Property outline is based on the Real Property subject area proposed by the National Conference of Bar Examiners (NCBE®). The tested Real Property categories and sub-topics within each category are well listed. On the Multistate Bar Examination, there are 175 scored questions, 25 from every subject area: Constitutional Law, Civil Procedure, Criminal Law and Evidence, Contracts, Evidence, Torts, and Real Property. Real Property Law on the MBE will account for roughly one-fifth of all Real Property MBE questions. There are about five questions in each category of the NCBE's subject.

Here is what you should expect:

Real Property Subtopics	% Tested	No.of Questions
Ownership of real property	20%	5-6
Rights in real property	20%	5-6
Real estate contracts	20%	5-6
Mortgages/security devices	20%	5-6
Titles	20%	5-6
Total scored questions for Real Property		25

Ownership of Real Property

On the MBE, you will find about five questions on property ownership. It is important to remember that grammar is crucial when answering these questions. As part of its testing, the NCBE likes to examine the differences and nuances between joint and common tenancies. Concurrent estates are properties owned by more than a single entity at a time. Some have rights of survivorship, while tenants in common do not.

Present estates and future interests

In present estates, the holder of such an interest has the right to possession of the property. In the law profession, the meaning of fee simple is ownership without encumbrances. There is no time limit on how long a fee simple estate can last, and it can be sold, divided, devised, or inherited.

A defeasible fee is a fee simple estate that may terminate upon the occurrence of a stated event, i.e., when the estate is uncertain in duration or possibly infinite in duration. In most cases, a lifetime property, known as a life estate, is measured by the grantee's life expectancy (for example, "to A for life"). Language such as "to B after the death of A" can imply such a life estate.

Future interests

Reversions Future Interests in Transferor happen when a grantor conveys less than she owns (e.g., O conveys "to A for life"; O has a reversion). You can alienate, devise, and inherit a reversion. Future interests such as Remainders, both vested and contingent, take place when their creation is dependent on an unborn child or an unascertained person.

Executory interests are interests in third parties after a grantor's estate is abandoned ("shifting interests") or after a gap in possession ("springing interests"). Possibilities of reverter, powers of termination; an estate's future interest gives its holder the right or possibility of future possession—a legal right in the present and protected property.

Rules affecting these interests (including survivorship, class gifts, waste, and cy pres): If survival is not an express condition (e.g., "to a for life and then to his surviving children"), the class member cannot share in a future gift. A widow, issue, heir, or next of kin are implied survivorship conditions.

Cotenancy types

The right of survivorship distinguishes a joint tenancy from a tenancy in common. Joint tenants lose their simultaneous interests in the property when one dies (their survivors do not inherit it). The rights and obligations of co-tenants include a right to judicial partition, either in kind (a physical land division between co-tenants) or by sale. The courts will permit partition by sale if a fair and equitable physical division of the property is not possible.

Severance of a tenancy in common can result when the right of survivorship is terminated (i.e., terminated). Because co-tenants have an equal right to possess and use the entire property, relations among co-tenants can become strained when faced with the challenges of meeting all requirements.

Landlord-tenant law

As a general rule, there are four types of tenancy agreements: fixed-term, periodic, boarding house, and service. In possession and rent, leases with a "failure to deliver possession" clause stipulate that the tenant does not have to pay until the landlord delivers possession. Transfers by landlord or tenant happen if the parties agree otherwise or if there is a tenancy at will. Landlords' and tenants' interests can be freely transferred.

Termination includes surrender, mitigation of damages, anticipatory breach, and security deposits. In most jurisdictions, residential leases include an implied warranty of habitability and suitability that cannot be waived, and local housing codes dictate the landlord's duties.

Special problems

The rule against perpetuities: common law rule and statutory reforms: The perpetuity period begins when: (1) the testator dies, (2) the deed is delivered, (3) the irrevocable trust is created, (4) the revocable trust is revoked.

Alienability, descendibility, and divisibility of present and future interests: There is no need to reserve it expressly; it arises by operation of law. Fair Housing/discrimination is covered well by the Fourteenth Amendment. The Fourteenth Amendment prohibits discriminatory state actions, such as judicial enforcement of racial, religious, or ethnic restrictions on property transfers and uses.

Conflicts of law often relate to disputes involving Real Property: The following methods of description are given priority when descriptions are inconsistent or conflicting: natural monuments (e.g., oak trees), artificial monuments (e.g., stakes, buildings), angles, distances, names (e.g., Blackacre); and quantities (e.g., 300 acres).

Illustration of elements of promissory estoppel

Rights in Real Property

Easements, profits, and licenses

Easements are attached to real property and exist distinct and separate from the ownership of such property. Methods of creation include:

The scope and apportionment are primarily determined by how the easement is created. A deed or reservation that creates an express easement defines its scope. Since easements are attached to the property, they run with the property regardless of transfers of property through sales or other means.

Easements are terminated by the sale of the servient estate to a bona fide buyer without actual or constructive knowledge that the easement exists.

Unlike easements, there can be a fixture to a property. Fixture refers to a chattel affixed to land that ceases to be personal property and becomes a part of the real estate. Fixtures pass with land ownership.

Zoning (fundamentals other than regulatory taking)

Protection of pre-existing property rights : A zoning ordinance is generally invalid if it lacks a reasonable connection to public welfare, is too restrictive, discriminatory, beyond the grant of authority, violates due process, or violates racial discrimination. The existence of violations of zoning laws and ordinances does not affect marketability.

Real Estate Contracts

The NCBE likes to test marketable titles. A good title is reasonably free of defects and must be presented at closing. NCBE loves pushing this issue.

The real estate contract must be in writing and contain the essential terms (e.g., parties, description of the land, price) and the signature of the party charged.
Creation and construction: Acts of part performance may prove the existence of a contract, allowing enforcement of otherwise invalid oral contracts of sale.
For leases over one year, a writing is required under the Statute of Frauds.
The time for performance must be clearly defined.
If all remaining term is transferred, it is considered an ASSIGNMENT.
In real estate contracts, a signature is required unless an exception applies for part performance.

Remedies exist for the breach of any valid contract. Upon breach of the lease, the tenant may be entitled to reenter the property. In the case of a non-breaching party, DAMAGES (the difference between the contract price and the current market price, plus incidental costs) are available.

Concerning the marketability of title, except where expressly stated otherwise, every land sale contract contains an implied covenant of marketability. Further, the land-sale contract creates a bifurcation of title, where legal and equitable conversion (including the risk of loss): The land-sale contract creates a bifurcation of title, where legal and equitable titles pass to each party. Covenants in a land-sale contract become part of the deed when the sale is completed, resulting in a merger.

Options and rights of first refusal : A right of first refusal or option to purchase which could be exercised later than the end of the perpetuity period is generally invalid. For fitness and suitability, the seller further has a duty to disclose latent material defects not readily visible and unknown to the buyer.

Master Real Property questions on the MBE.

Mortgages/Security Devices

On the MBE, you will find about five questions regarding mortgages and security devices. It is essential to keep in mind that a mortgage is a document that is used to prove the existence of a debt. Focus on the language used by the mortgagor during the transfer of Property. The NCBE likes to test the distribution of proceeds from foreclosure sales . Always remember the order in which mortgages will be repaid.

Types of security devices

The Statute of Frauds requires mortgages to be in writing. In general there are four types of security interests recognized by law: mortgages, charges, pledges, and liens.

Mortgages given for purchase money are known as purchase money mortgages ("PMMs").
Future advance mortgages are currently executed, but the funds won't be accessed until a later date.
Installment land contracts where purchasers agree to pay for land in installments.
The final type of security device is an absolute deed as security, where the debtor borrows money, then issues a deed that appears absolute to the creditor.

Security relationships

The necessity and nature of the obligation will determine the security relationship. When a landowner sells part of his tract of land and, by doing so, deprives another person or entity of access to public roads or utilities. As defined by lien theory, mortgage theories hold that a mortgagee has a security interest in the property, and the mortgagor owns the property until foreclosure.

The rights and duties before foreclosure hold that in possession, the person has the responsibility to manage the property prudently (i.e., not to waste it). The right to redeem and close the equity of redemption holds that if the debtor pays off all his debts against the property (all payments due and fees), the foreclosure will be stopped.

Foreclosure

Notes and mortgages with acceleration clauses must be redeemed in full in order to redeem. Parties to the proceeding: In order of priority, proceeds are applied to expenses of the sale, attorneys' fees, and court costs; then to the FORECLOSED LOAN principal and accrued interest; and finally to the MORTGAGOR.

Deficiency and surplus hold that the mortgagee retains a personal cause of action against the mortgagor if the proceeds are insufficient to satisfy the mortgage debt. In equity, the mortgagor may redeem the property at any time before the foreclosure sale by paying the debt.

The mortgagor can transfer property by assumption and transfer subject to Grantees become PRIMARY liable to lenders, while the original mortgagor becomes a SURETY. As a result of every mortgage deed, the mortgagor and mortgagee have both rights and obligations.

The application of subrogation and suretyship principles will not impede the surety’s rights of subrogation, even if the suretyship is for compensation. Restrictions on transfers include due-on-sale clauses found in most modern mortgages. These clauses give the lender the right to insist on full payment after the mortgagor transfers any interests in the property without their consent.

Transfers by mortgagees include the discharge of the mortgage. As a mortgage secures an obligation (e.g., due consideration,duress, mistake, fraud), defenses in an action against the mortgage are also defenses in an action against the obligation.

The MBE will have about five questions on the title to the property. The recording act affects not only priority battles regarding the title to the property but also mortgage priority. Therefore, the NCBE offers many opportunities to test your recording knowledge! It is possible to change the common law result through a recording act . Remember the rule of common law: first in time, first in the right.

Remember the general rule of adverse possession: A title vests in a possessor if the owner does not take action to evict him within the statutory period.

Transfer by deed

To be valid, a deed does not require donative intent, delivery, or acceptance consideration.

Requirements for deed

A valid deed requires (1) writing, (2) competent grantor, (3) grantee identity, (4) words of conveyance, (5) an adequate description of the land, (6) consideration, (7) grantor signature, (8) witnesses, and (9) grantee receipt.

Types of deeds (including covenants for the title): A GENERAL WARRANTY deed, a SPECIAL WARRANTY deed, and a QUITCLAIM deed may all be used to convey property interests that are not leaseholds.

Drafting, reviewing, and negotiating closing documents: Real estate contracts outline the crucial details of the sale, such as closing dates, possession dates, keys transfers, who pays utilities and property taxes, what items remain with the land, and how the seller will leave it in good condition.

Persons authorized to execute documents

An individual's signature is required on all documents requiring the buyer's signature during a real estate closing. Usually, photo identification is required.

Transfer by operation of law and by will

In general: In a will, a grantor specifies how they want property disposed of at their death. With an ademption, the property specified in the will no longer belongs to the estate when the testator dies. In common law, exoneration applies when a testator dies owing a mortgage debt on property devised in a will. A gift to a named beneficiary that is not provided for in a Will expires if the beneficiary predeceases the testator.

Title assurance systems

Recording acts ensure the subsequent purchaser of value must have been aware of a covenant at the time the purchase was made, whether by inquiry or on record. Land registration and land recording are two types of title systems used worldwide. The information is stored in indexes. When searching TRACT INDEX, the searcher looks at the page indexed by block and/or lot describing the property.

A chain of title records ownership transfers for property and is imperative to establishing ownership of all manner of real property. A deed from a subsequent purchaser is recorded in the chain of title, allowing a subsequent purchaser to be entitled to record notice. There are always hidden risks, such as undelivered or forged deeds. In void deeds, the grantor may have been deceived or never received the deed (i.e., she did not realize she was making a deed).

Title insurance

Title insurance guarantees the existence of a good record title to the property as of the policy's date and promises to defend the title in litigation. It is possible to encounter unique problems, including estoppel by deed and judgment and tax liens. There are also covenants in some General Warranty Deeds. A covenant of seisin states that the grantor possesses the estate she purports to convey. When the grant is made, she must have both title and possession.

How to Study for Real Property on the MBE

Multistate Bar Examcovers many areas of law, but they aren't necessarily equally tested! Focus on the areas within a sub-topic most likely to appear on an MBE. For example, Civil Procedure questions on the MBE tend to focus more on jurisdiction and venue than appealability or review.

Know about highly tested issues

The right content is crucial. Even though it might sound like common sense, you must study the right material. For instance, the NCBE booklet outlines frequently tested issues for each subject.

Among them are:

Contacts of sales and closing, which must be in writing, contain the correct legal language and terms, and satisfy an implied warranty of transferable title.
Recording Acts which often use the common law default rule of “first-in-time, first-in-right”.
Title and lien theories determine the destination of the title.
Present and future interests are covered in more detail above.

Concurrent estates which are divided into three types: 1) Tenancy in common, 2) joint tenancy, and 3) tenancy by the entirety.

It is important to remember that the MBE is a national exam. It is therefore recommended that you ignore local laws and research the views of majorities and minorities. Seven subject matter committees draft the MBE questions, so they handle each Real Property MBE practice question individually.

The bar exam requirements call for lots of knowledge and memorization. Keeping up with all the legal terms and laws is challenging. Mnemonics and flashcards can be useful here. An acronym, a memorable phrase, or a saying can be a mnemonic device for memorizing key rules and terms.

A flashcard, however, can include a quiz, a practice question, or both. Combining these two study methods will make you better prepared for the MBE.

Real Property Bar Exam Sample Questions and Answers

Now that you know what to expect on the MBE let's tackle a sample Property Law questions from UWorld's MBE QBank:

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?

No, because the woman actually possessed only the surface estate that had previously been severed from the mineral estate.
No, because the woman did not actually possess the mineral estate until she signed the lease of the mineral rights.
Yes, because the neighbor failed to record the warranty deed conveying the mineral estate.
Yes, because the woman adversely possessed both the surface estate and the mineral estate for the statutory period.
Explanation

An adverse possessor can acquire title to land owned by another if his/her possession of the land is:

O pen and notorious – apparent or visible to a reasonable owner
C ontinuous – uninterrupted for the statutory period
E xclusive – not shared with the owner
A ctual – physical presence on the land and
N onpermissive – hostile and adverse to the owner.

If the surface and mineral estates are owned by the same party , then the adverse possessor will acquire title to both estates —even if only one estate is actually possessed. But if the mineral estate has been severed from the surface estate (ie, the surface and mineral estates are owned by different parties ), then the adverse possessor will only acquire title to the estate that is actually possessed . The mineral estate is actually possessed when the adverse possessor mines or drills wells on the land.

Here, the neighbor purchased the mineral estate from the man, thereby severing the mineral estate from the surface estate. And since the woman merely lived on the property for the 10-year statutory period—she did not attempt to mine or drill a well on the mineral estate—she actually possessed only the surface estate during that time ( Choice D ). This means that the woman did not adversely possess the mineral estate, and the court is not likely to award her title to that estate.

(Choice B) Adverse possession of a mineral estate requires the commencement of drilling or mining operations. Merely signing a lease of the mineral rights is not enough.

(Choice C) A deed need not be recorded to be valid, so the neighbor's failure to record has no impact on whether the woman adversely possessed the mineral estate.

Educational objective: If a mineral estate has previously been severed from the surface estate (ie, surface and minerals owned by different persons), then an adverse possessor can only acquire title to the mineral estate by actually possessing the minerals (eg, by mining or drilling wells).

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?

The mortgage required a separate written assignment in order for the transferee-credit union to enforce the mortgage.
The nonnegotiable promissory note required a separate document for assignment to the credit union, so neither the note nor the mortgage transferred.
The transfer of the nonnegotiable promissory note modified the terms of the loan, resulting in a release of the baker's personal liability.
The transfer of the nonnegotiable promissory note without the mortgage was void.

Transfer of Promissory note & mortgage
Transfer of both documents	documents are transferred unless:
Transfer of note without mortgage	documents are transferred unless:
	Transfer is void

*Jurisdiction are split as to effect of transfer

To finance the purchase of real property, a borrower typically executes two documents that serve as evidence of the debt :

Promissory note – a formal "IOU" that sets forth the terms of the loan. It is the primary evidence of the debt and is not recorded in the deed records.
Mortgage (or deed of trust) – a lien that secures the loan by attaching the debt to a real property interest and providing a means of enforcement (eg, foreclosure). It is recorded in the deed records to provide notice of an outstanding debt attached to the real property.

A promissory note can be assigned to another (an assignee) independent of the mortgage (Choice D) . The mortgage automatically transfers with the note once the note has been properly assigned (unless the parties agree otherwise) (Choice A) . A negotiable promissory note can be assigned by simply endorsing and delivering the note to the assignee. However, a nonnegotiable promissory note requires a separate assignment document to transfer ownership.

Here, the investor sought to assign her nonnegotiable promissory note by endorsing and delivering it to the credit union. However, this type of promissory note requires that a separate document be executed to assign this interest. The investor failed to execute such a document, so the note (and therefore the accompanying mortgage) did not transfer to the credit union. And since the credit union has no security interest in the land, it cannot initiate foreclosure proceedings against the baker.

(Choice C) A transfer of the mortgagee's interest in the promissory note changes the party who receives payment on the note, but it does not change the terms of the mortgagor's obligation. Therefore, the transfer of the note did not modify the terms of the loan or release the baker's personal liability.

Restatement (Third) of Property: Mortgages § 5.4 (Am. Law Inst. 1997) (transfer of mortgages).

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?

$150, because the worker's notice would terminate the lease immediately.
$350, because the worker's notice would terminate the lease at the end of the current period, on Saturday.
$500, because the worker's notice would terminate the lease seven days after notice was provided, on the following Tuesday.
$700, because the worker's notice would terminate the lease at the end of the next full period, on the following Saturday.

Types of Tenancies (leases on land)

A periodic tenancy lasts for a set period of time and then automatically renews at the end of each period (eg, on a weekly basis). Either party can terminate this tenancy at the end of a full period by giving the other party notice before that period begins. This means that notice given during the current period is effective to terminate the tenancy on the last day of the following period .

Here, the worker rented the room on a weekly basis (periodic tenancy), with the weekly period to start on Sunday. The worker gave an oral notice of termination to the landlord on a Tuesday evening, which was effective to terminate the worker's tenancy at the end of the next full period—the Saturday of the following week.* As a result, the worker is obligated to pay rent for the current week and the following week ($350 + $350), or a total of $700.

*An oral notice of termination is sufficient under the common law to terminate a periodic tenancy. However, most jurisdictions have enacted statutes that require some form of written notice (not seen here).

(Choice A) $150 represents the amount of rent that the worker would have been obligated to pay if his termination notice had ended the tenancy immediately. That is because the worker had occupied the room for the first three days of the week (Sunday through Tuesday), and the per-day portion of the weekly rent is $50.

(Choice B) $350 represents the amount of rent the worker would have been obligated to pay if his termination notice had been effective at the end of the current term.

(Choice C) $500 represents the amount of rent that the worker would have owed if his termination notice had ended the tenancy after the length of a period. This amount includes the $150 ($50 × 3) for Sunday through Tuesday and $350 for the seven days after notice was given.

Educational objective : Either party can terminate a periodic (eg, week-to-week) tenancy at the end of a full period by giving the other party notice before the period begins. This means that notice given during the current period is effective to terminate the tenancy on the last day of the following period.

Restatement (Second) of Property: Landlord & Tenant § 1.5 (Am. Law Inst. 1977) (periodic tenancy).

Illustration of partial performance in a contract.

Frequently Asked Questions

What are the 5 real property topics covered on the mbe.

Ownership in Real Property

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Is real property on the mee, read more related subjects.

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Podcast Episode 65: Tackling an MEE Real Property Essay Question

October 15, 2019 By Bar Exam Toolbox Leave a Comment

Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE Real Property essay question. This is part of our series of podcasts on how to approach Multistate Essay Examination questions.

In this episode we discuss:

Review of the law on real property warranty deeds
Reading a question from the February 2018 UBE and noting what’s legally significant about each fact in the fact pattern
Breaking up your answer into one section for each question when there are multiple questions
Structuring your answers using the IRAC formula
Don’t get intimidated when you see multiple questions on a short fact pattern!

Thanks for listening!

Listen Now:

To listen now, just click on the arrow above.

MEE & MPT Questions, February 2018
Preparing for the MEE
Private Bar Exam Tutoring
Brainy Bar Bank – UBE (MEE + MPT)
Podcast Episode 23: Tackling an MEE Corporations Question
Podcast Episode 27: Tackling an MEE Question: Wills and Trusts
Podcast Episode 33: Tackling an MEE Civil Procedure Question
Podcast Episode 37: Tackling an MEE Secured Transactions Essay Question
Podcast Episode 41: Tackling an MEE Family Law and Conflicts of Law Essay
Podcast Episode 28: Balancing Law and Analysis on a Bar Exam Essay

Prefer to read? Download the Transcript

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Good Essay Example 1 (February 2020 Real Property)

This lesson presents a real, good response to the February 2020 MEE Real Property question . First, read the essay, then listen to the analysis below.

Download the essay as a PDF.

Good Essay 1

The initial issue is whether the husband and wife originally had a valid joint tenancy with right of survivorship. A joint tenancy with right of survivorship requires the four unities of time (joint interested created at same time), title (created under the same instrument), interest (each JT has equal interest in the property), and possession (each JT has a right to undivided possession of the property). The right of survivorship just be unambiguous. Here there is a joint tenancy since they purchased the property at the same time, with the same instrument, with clear survivorship language, and each had an undivided interest of the property and were entitled to possession. Thus, there was a joint tenancy.

Another issue is which state's law should be applied in this case. The rule is that the law of the situs (where real property is located) is the law that should be used for property disputes. Here, the law of state A should be applied.

1. The issue is whether the Husband's execution of a mortgage severed the joint tenancy when he granted the mortgage to his friend.

The rule is that in a lien theory state, a mortgage does not sever a joint tenancy (JT); however, in a title approach theory jurisdiction, a mortgage does sever a JT. If severed the two joint tenants now each possess a tenancy in common.

Here, because they're in a title theory state, the mortgage did sever the joint tenancy because the unity of interest no longer existed upon mortgaging the property. At that point, the husband and wife now each possessed their interest as tenants in common.

2(a). Assuming the mortgage did not sever the JT, did the husband's execution of a lease sever the JT?

The rule is that it depends on the jurisdiction. The common law approach is that creating a lease would sever the joint tenancy, whereas the modern approach is that it would not.

Here, if the jurisdiction of state A applies the common law, then the lease did sever the JT, but if it follows the modern approach, it did not. Since the facts state that the courts "strictly apply the common law four-unities test", it's likely that the lease would sever the joint tenancy, giving the husband and wife a tenancy in common for their respective interests.

2(b). The issue is that assuming that the lease severed the JT, then what rights did the tenant have in the building.

The rule is that lease grants a tenant a present possessory interest in the property. Because it's a contractual obligation, it can survive the death of lease grantor. Here, the tenant still has a present possessory interest in the building until the termination of the lease.

3(a). The issue is that assuming that neither the mortgage nor lease sever the JT, during the spouse's lifetimes, was the woman entitled to half of the rental income payable to her husband under the lease as a joint tenant owner of the property.

The rule is that when a joint tenancy exists and the property is rented to a third party, the rent received should be split evenly among joint tenants after repairs/operating expenses of the property are paid. Here, the wife was entitled to half of the annual $9K in rent, less her 1/2 share of the expenses associated with managing the property.

3(b) Assuming that the JT was not severed, the issue is at the husband's death, what rights, if any, do the woman and the tenant have in the building.

The rule is that when one Joint tenant dies, its share goes to the other joint tenant. When the husband dies, the wife will acquire her husband's interest in the property through her right of survivorship and she will own the property clear of any mortgages or other obligations she did not join. She will properly be allowed to eject the tenant as the tenant will no longer have any possessory rights in the building.

Analysis of the Sample Essay

Now we're going to look at two representative good answers. One's from New York and one's from Minnesota, and like we did with the analysis above, we're going to go prompt by prompt, noting what these answers do well and what they could have done better. Now, again, these are both good answers, really good answers, but they take very different approaches to answering the essays, which is a good illustration of the fact that there are multiple ways to write a high-scoring MEE essay.

Let's start with representative answer number 1, which comes to us from Minnesota. Now, two overall things jump out just by glancing at the page before we start looking at it prompt by prompt. First, this is not an essay that's leading off its answers with strong, bolded conclusions. Remember, we want the first part of our written answer to be a conclusion. That's the first C in our CRAC.

And, ideally, we want it to include a reason as well. Something with a "because" in it. Now, for all five of the prompts, this test taker has instead put a number and either restated the prompt or stated it as an issue. And that's not going to score any points because it doesn't convey anything useful to the grader.

In a perfect world, we want that first bolded sentence to have a lot packed into it, our answer, and a reason. If we can do that, then we've really hit the ground running in terms of picking up points, and we've probably put our grader into a good frame of mind as well. That grader knows we're going to be clear and decisive.

Now, having said that, it's not always easy to write out a conclusion like that, especially on an essay like this one with so many prompts, and it's entirely possible that this test taker just used these headers as a way to stay focused and organized while writing. If so, that's good. There's certainly nothing wrong with it, and you won't lose points for this kind of thing. It just won't directly score points either.

The second thing that stands out is that this essay starts off with a kind of introductory set of paragraphs, addressing what it calls "two initial issues," whether the husband and the woman had a valid joint tendency to begin with, and which state's law should be applied in this case.

And I don't mean to be harsh on the test taker here, again, this is a really good answer, but this is wasted effort. We already have five prompts to cover in this essay, and essentially this poor test taker's just added two more. And the analysis is just fine. Yes, there is a joint tenancy, and yes, State A's law applies, but we weren't asked about either of those things.

In fact, the prompts specifically refer to the joint tenancies, so it's a pretty safe bet that it was valid. Now, if you're ever wondering about whether you need to include brush clearing analysis like this, the answer is almost always no. I can't think of a good representative answer I've seen where this kind of thing was important.

You're going to be really pressed for time already, and you want to start with the first prompt right away. That's where you can pick up points. In fact, if you look at the analysis provided by the bar examiners for MEE questions, you'll sometimes see a summary or an introductory paragraph at the beginning before the answers to the prompts.

But, and this is the really crucial thing, note that there are no points associated with that paragraph. The percentages start with the answers to the prompts, so that's where we want to focus our energy. That's where we can pick up points. Okay. So those are two broad things that this essay could have done better, and by done better, I mean, really just made easier on itself.

When it comes to the individual prompts, the essay actually really settles into a nice rhythm. It's the same basic elements over and over. After that issue statement, which, again, I'd prefer to be a conclusion, a C instead of an I, we get a nice rule application, RA, for all five prompts. Each of them has a sentence starting, "This rule is," which is a nice way to draw the grader's attention to the fact that you're stating a rule. And all but one of the prompts follow that up with an application sentence or two, starting with the word "Here." So that's some really nice work on the RA part of CRAC.

Not many of the prompts include a final C, that's the "therefore" sentence, but in this particular case, for this essay, I think that's not so bad because there are so many prompts and each of them is so straightforward. And, in fact, if this essay had led off each prompt with a good C, then I'd be totally fine with a CRA approach throughout.

As for specifics, I think that the answer on prompt 1 is really nicely done. It's probably not even necessary to explain the lien theory, actually, since we know we're in a title theory state, but that's great work.

Prompt 2(a) is really nicely done. In fact, note that the test taker here acknowledges both the common law rule, which is that a lease does sever the joint tenancy, and an alternative, which is that the lease does not sever the joint tenancy. Now, we know from the bar examiners' own notes, their own analysis, that either one of those would have been perfectly acceptable, and so noting them both is really especially good.

Prompt 2(b) is also well done. Might've been good here just to mention that the woman and her husband, who is the lease grantor, as the test taker puts it here, became tenants in common after severance, which is why the commercial tenant can maintain its possessory interest even after he dies. If they were still joint tenants, that is, if the woman and her husband were still joint tenants, then the commercial tenant's lease would just disappear, as we'll see in a minute.

Prompt 3(a) is perfectly done for rule and application. I have no notes there. And likewise, prompt 3(b) is superb as well.

So what we've got with this representative model answer is some really excellent, clear formulaic answers to the prompts, which more than makes up for those two broad things that could have been done better, which is the wasted effort at the beginning and the failure to clearly state conclusions. Still, this is clearly an excellent answer. I'm just pointing out how it could have been even better.

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California Bar Exam Essay Guide

In this guide, we show you how to conquer the essay portion of the California Bar Exam.

We start by giving you a general overview of what is tested on the California Bar Exam, some California Bar Exam essay tips, and a frequency chart so you can see when particular subjects were tested.

Then, we dive into each of the 14 subjects that are fair game on the California Bar Exam and give you tips and tricks for each one.

Lastly, we give you the option to download a PDF of this guide if you would like to view all of the chapters at the same time or to save to consult later.

Send Me a PDF of the Guide:

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California Bar Exam Essay Guide Chapters

Introduction to the Guide
Chapter 1: What is Tested on California Bar Exam Essays : Here, we give you a brief overview of how the essay portion of the California Bar Exam is structured, what is tested on California Bar Exam essays, and when California distinctions are tested.
Chapter 2: California Bar Exam Essay Tips : We reveal important essay tips to make sure you are writing essay answers that get the most points.
Chapter 3: California Bar Exam Essay Frequency Chart : We show you exactly when each California Bar Exam subject has been tested so you can get a visual idea of the highly tested areas of law, plus the less tested areas of law.
Chapter 4: Agency and Partnership
Chapter 5: Civil Procedure
Chapter 6: Community Property
Chapter 7: Constitutional Law
Chapter 8: Contracts
Chapter 9: Corporations
Chapter 10: Criminal Law
Chapter 11: Evidence
Chapter 12: Professional Responsibility
Chapter 13: Real Property
Chapter 14: Remedies
Chapter 15: Torts
Chapter 16: Trusts
Chapter 17: Wills
Chapter 18: Download PDF : We provide you with the option to download this guide in PDF form if you would like to view all of the chapters at the same time or to save to consult later.

The Goal of Our California Bar Exam Essay Guide

Students are often unsure how to approach the essay portion of the California Bar Exam. As a result, many students study ineffectively or inefficiently. The goal of our California Bar Exam Essay Guide is to help you find an effective and efficient approach to the California Bar Exam right from the beginning. This guide will help you feel confident on test day so you can conquer the essay portion of the California Bar Exam!

If you have any questions, we are happy to answer them. You can contact us here at your convenience. We love to hear from our readers!

Additional California Bar Exam Resources

Below are some additional California Bar Exam resources that we recommend: Please check out all our California Bar Exam services here !

California Bar Exam On Demand Course : Our On Demand California Bar Exam Course is tailored to work with your schedule so you can walk into the bar exam with confidence. It includes tailored outlines, access to prerecorded lectures that you can start and stop at your convenience, self-administered quizzes, 10 essays graded by a personal attorney essay grader, and released multiple-choice and essay questions. We give you everything you need to pass the California Bar Exam, on your time! Check out a preview of our course here.
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Go to the next topic, Chapter 1: What is Tested on California Bar Exam Essays .

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Homes for sale in St. Petersburg, FL with newest listings

3875 40th Way S, Saint Petersburg, FL 33711

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Rentals in St. Petersburg, FL

2150 62nd Ter S, Saint Petersburg, FL 33712

653 - 987 sqft 653 - 987 square feet
Pets OK pet friendly policy

10601 Gandy Blvd N, Saint Petersburg, FL 33702

615 - 1,441 sqft 615 - 1,441 square feet

12000 4th St N, Saint Petersburg, FL 33716

865 - 1,082 sqft 865 - 1,082 square feet
Studio - 2 bed
475 - 1,080 sqft 475 - 1,080 square feet
820 - 1,240 sqft 820 - 1,240 square feet
630 - 1,155 sqft 630 - 1,155 square feet
600 - 903 sqft 600 - 903 square feet
525 - 1,015 sqft 525 - 1,015 square feet

Facts about St. Petersburg, FL

Schools in st. petersburg, fl.

Bay Vista Fundamental Elementary School
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Pasadena Fundamental Elementary School
Shore Acres Elementary School

Home values for neighborhoods near St. Petersburg, FL

Downtown St. Petersburg Homes for Sale $1,125,000
Historic Old Northeast Homes for Sale $1,325,000
Coquina Key Homes for Sale $368,999
Historic Kenwood Homes for Sale $744,637
Bartlett Park Homes for Sale $350,000
North Kenwood Homes for Sale $567,500
Lakewood Terrace Homes for Sale $419,500
Old Southeast Homes for Sale $869,000
Melrose - Mercy Homes for Sale $360,000
Lakewood Estates Homes for Sale $574,000
Greater Woodlawn Homes for Sale $792,475
Lake Maggiore Shores Homes for Sale $382,250
Harbordale Homes for Sale $375,000
Euclid Place - St. Paul Homes for Sale $904,517
Bayou Highlands Homes for Sale $404,950

Home values for cities near St. Petersburg, FL

Clearwater Homes for Sale $375,000
Largo Homes for Sale $398,999
Palmetto Homes for Sale $425,000
Apollo Beach Homes for Sale $514,900
Ruskin Homes for Sale $377,000
Pass A Grille Homes for Sale $755,000
Pass A Grille Beach Homes for Sale $755,000
St Petersburg Beach Homes for Sale $755,000
Seminole Homes for Sale $419,900
Rocky Point Homes for Sale $399,900
Pinellas Park Homes for Sale $339,000
St. Pete Beach Homes for Sale $730,000
West Lealman Homes for Sale $251,500
Treasure Island Homes for Sale $787,000
Gulfport Homes for Sale $412,450
Madeira Beach Homes for Sale $879,950
Lealman Homes for Sale $313,000
Safety Harbor Homes for Sale $649,000
South Pasadena Homes for Sale $369,000
Indian Rocks Beach Homes for Sale $1,084,539

Home values for counties near St. Petersburg, FL

Hendry Homes for Sale $342,000
Indian River Homes for Sale $439,900
Clay Homes for Sale $375,000
Flagler Homes for Sale $420,500
Bradford Homes for Sale $325,000
Gilchrist Homes for Sale $349,500
Highlands Homes for Sale $309,900
Glades Homes for Sale $345,000
Citrus Homes for Sale $319,975
Lake Homes for Sale $410,000
Brevard Homes for Sale $389,900
Alachua Homes for Sale $349,900
Hillsborough Homes for Sale $429,900
Collier Homes for Sale $749,500
DeSoto Homes for Sale $349,950
Charlotte Homes for Sale $395,725
Hernando Homes for Sale $350,000
Hardee Homes for Sale $380,000
Lafayette Homes for Sale $420,000
Dixie Homes for Sale $386,000

Home values for zips near St. Petersburg, FL

33706 Homes for Sale $755,000
33708 Homes for Sale $667,500
33707 Homes for Sale $410,000
33709 Homes for Sale $254,000
33703 Homes for Sale $507,000
33702 Homes for Sale $379,000
33715 Homes for Sale $549,000
33705 Homes for Sale $440,000
33710 Homes for Sale $395,000
33713 Homes for Sale $459,450
33701 Homes for Sale $940,000
33711 Homes for Sale $359,900
33714 Homes for Sale $300,000
33777 Homes for Sale $350,000
33704 Homes for Sale $1,249,500
33782 Homes for Sale $320,000
33616 Homes for Sale $499,950
33760 Homes for Sale $254,000
33712 Homes for Sale $427,000
33773 Homes for Sale $375,000

How to buy a home in St. Petersburg, FL

Be prepared to buy, moving cost calculator, homes for sale with newest listings in st. petersburg, fl.

So you are looking for homes with newest listings in St. Petersburg, FL? Excellent choice! Realtor.com® wants to make sure you can search for a house with newest listings with ease. That is why we have compiled a list of 335 homes with newest listings that are currently for sale within St. Petersburg, FL residential boundaries, including open house listings. View each home individually and read the property details, which include the price, sales history, property tax, school information and much more. Get instant access to property photos so you can explore the home online. Many people choose to live near St. Petersburg, FL because of its good reputation as well as its proximity to several parks and recreational areas. In fact, there are schools, universities, school districts and lastly parks nearby. Our goal is to help you buy your dream home.

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Saint Petersburg FL Newest Real Estate Listings

5050 74th St N APT 1, Saint Petersburg, FL 33709

5,293 sqft lot

701 42nd Ave S #5, Saint Petersburg, FL 33705

IDX information is provided exclusively for personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information is deemed reliable but not guaranteed. Some IDX listings have been excluded from this website. Listing Information presented by local MLS brokerage: Zillow, Inc - (407) 904-3511

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Explore Nearby & Average Home Values

Nearby saint petersburg city homes.

Saint Petersburg Homes for Sale $380,671
Largo Homes for Sale $359,827
Seminole Homes for Sale $407,552
Pinellas Park Homes for Sale $321,967
Ruskin Homes for Sale $345,011
Gulfport Homes for Sale $396,930
Saint Pete Beach Homes for Sale $705,828
Treasure Island Homes for Sale $614,504
South Highpoint Homes for Sale $313,852
South Pasadena Homes for Sale $348,943
Kenneth City Homes for Sale $314,909
Madeira Beach Homes for Sale $759,229
Harbor Bluffs Homes for Sale $681,054
Tierra Verde Homes for Sale $855,357
Redington Shores Homes for Sale $779,542
North Redington Beach Homes for Sale $756,501
Redington Beach Homes for Sale $893,570
Indian Shores Homes for Sale $716,180
Feather Sound Homes for Sale -
Terra Ceia Homes for Sale $804,098

Saint Petersburg Neighborhood Homes

Downtown Homes for Sale $835,287
Historic Old Northeast Homes for Sale $1,002,816
Historic Kenwood Homes for Sale $532,298
Euclid-St Pauls Homes for Sale $593,578
Historic Uptown Homes for Sale $522,899
Bartlett Park Homes for Sale $280,860
Thirteenth St Heights Homes for Sale $253,016
Albert Whitted Airport Homes for Sale -
Melrose Mercy - Pine Acres Homes for Sale $245,612
Crescent Heights Homes for Sale $698,759
Greater Woodlawn Homes for Sale $603,952
Crescent Lake Homes for Sale $754,273
Lake Euclid Homes for Sale $360,518
Campbell Park Homes for Sale $243,381
Woodlawn Oaks Homes for Sale $376,615
Methodist Town Homes for Sale -
Historic Roser Park Homes for Sale $522,452
Old Bayside and Marina Homes for Sale -
James Clearview Homes for Sale -
Graham-Rogall Homes for Sale -

Saint Petersburg Homes by Zip Code

33710 Homes for Sale $397,422
33713 Homes for Sale $377,719
33702 Homes for Sale $350,336
33705 Homes for Sale $357,531
33781 Homes for Sale $325,708
33703 Homes for Sale $442,231
33707 Homes for Sale $406,812
33782 Homes for Sale $316,732
33709 Homes for Sale $295,727
33712 Homes for Sale $341,733
33714 Homes for Sale $291,727
33711 Homes for Sale $306,373
33701 Homes for Sale $712,107
33704 Homes for Sale $757,205
33716 Homes for Sale $200,232
33706 Homes for Sale $671,645
33762 Homes for Sale $348,129
33744 Homes for Sale -
33730 Homes for Sale -

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IMAGES

Real Property: Real Covenants essay flow chart and approach
Fillable Online real property essay outline Flashcards and Study Sets
Aspects of Fundamentals of Real Estate
Real Property Essay Outline
Real Property Essay Outline
Real Property Essay Outline

VIDEO

8. The Private Realm: Property
Florida Bar Exam Real Property Essay Workshop: Ibis Prep July 2023
Copyright Laws and Plagiarism Regulations in the United States
The ACER Essay Approach.wmv
Common Mistakes by Accountants in Property Investment
Building Success Together at Real Property Management Express

COMMENTS

PDF Scott Pearce's Master Essay Method Real Property
1. 's. option agreement;2.The. onveyance to Nabor;3.The conveyance to Edward.How would you advise client regarding the extent, if any, to which each of the matters referred to in the title insurance exceptions may affect his rights i. or to Sa. Scott Pearce's Master Essay Method - Real Property - February 1980.
Master Essay: Real Property
Here are the fact patterns and issue outlines - and one model answer - for our Master Essay Method Real Property Seminar. Here is the video seminar with the essay approach and a discussion of each of the fact patterns. Remember that if you click on the playlist button in the upper-left corner you can skip around within the seminar. *** ***
Master Essay: Real Property
Here are the fact patterns and issue outlines - and one model answer - for our Master Essay Method Real Property Seminar. Here is the video seminar with the essay approach and a discussion of each of the fact patterns. Remember that if you click on the playlist button in the upper-left corner you can skip around within the seminar. *** ***
Real Property on the Multistate Essay Exam: Highly Tested Topics and
Some of the highly tested Real Property Multistate Essay Exam issues include: Deeds. Deeds are frequently tested when Real Property is tested on the MEE. Remember that there are two different types of deeds: general warranty deeds and quitclaim deeds. With a quitclaim deed, the grantee receives whatever interest the grantor has in the property.
PDF REAL PROPERTY APPROACH
Scott Pearce's Master Essay Method - Real Property Approach C. Concurrent Ownership (community property crossover) 1. Joint Tenancy: Each tenant has an undivided interest in the whole. 2. Tenancy by the Entirety: Joint Tenancy by a married couple. 3. Tenancy in Common: Each owner has a separate share.
Real Property on the California Bar Exam
1. First, know how Real Property is tested. California has virtually always tested general law (rather than California law) on Real Property essay questions. Real Property is usually tested on its own on the essay portion of the California Bar Exam. However, Real Property has been tested with Torts issues, such as nuisance (even though the ...
Real Property Essay Openers for the California Bar Exam
Only applies to residential property. Where breached, tenant has three options: (1) abandon the premises and terminate the lease, (2) repair and abate rent, or (3) remain and sue for damages. A joint tenancy occurs where two or more tenants possess the entire parcel with rights of survivorship.
Real Property on the MBE®: Topics and Sample Questions
The tested Real Property categories and sub-topics within each category are well listed. On the Multistate Bar Examination, there are 175 scored questions, 25 from every subject area: Constitutional Law, Civil Procedure, Criminal Law and Evidence, Contracts, Evidence, Torts, and Real Property. Real Property Law on the MBE will account for ...
PDF Alison Monahan
Toolbox podcast! Today, we are going to be discussing an issue related to real property, which is easements. Easements are one of the more common Real Property topics on bar exam essays. And while the concept itself is fairly simple, there are a lot of different elements and rules that can really complicate things.
Podcast Episode 65: Tackling an MEE Real Property Essay Question
In this episode we discuss: Review of the law on real property warranty deeds. Reading a question from the February 2018 UBE and noting what's legally significant about each fact in the fact pattern. Breaking up your answer into one section for each question when there are multiple questions. Structuring your answers using the IRAC formula.
PDF ESSAY APPROACH Bar Exam Doctor REAL PROPERTY ESSAY BAREXAMDOCTOR.COM
ESSAY APPROACH Bar Exam Doctor www.BarExamDoctor.com REAL PROPERTY ESSAY I. POSSESSORY INTERESTS: ESTATES IN LAND a. Present possessor interests i. Fee simple absolute ii. Defeasible fees 1. Fee simple determinable 2. Fee simple subject to condition subsequent 3. Fee simple subject to executory limitation iii. Life estates b. Future interests i.
Outline of Essay Rule Statements for Real Property : r/CABarExam
Outline of Essay Rule Statements for Real Property. I'm running out of time to make my own outlines/flashcards to memorize rule statements for the essays. I've created some combination of flash cards and outlines for most of the subjects so far. This is a strategy I used when I passed the UBE previously (but stupidly threw away my flash cards ...
Good Essay Example 1 (February 2020 Real Property)
The rule is that the law of the situs (where real property is located) is the law that should be used for property disputes. Here, the law of state A should be applied. 1. The issue is whether the Husband's execution of a mortgage severed the joint tenancy when he granted the mortgage to his friend. The rule is that in a lien theory state, a ...
Real Property Easement, Real Covenants and Equitable Servitudes Essay
Watch Expert CA Bar Exam Tutor and CA Attorney Shana Karpeles teach how to write for Real Property Easements, Real Covenants and Equitable Servitudes. Now en...
California Bar Exam Essay Guide
Chapter 3: California Bar Exam Essay Frequency Chart: We show you exactly when each California Bar Exam subject has been tested so you can get a visual idea of the highly tested areas of law, plus the less tested areas of law. Chapter 4: Agency and Partnership. Chapter 5: Civil Procedure. Chapter 6: Community Property.
Real Property Essay Approach Flashcards
Real Property Essay Approach. Term. 1 / 47. Adverse Possession. Click the card to flip 👆. Definition. 1 / 47. allows one who has wrongfully entered property to obtain possession when there has been: (1) actual and exclusive possession.
PDF Florida Real Property Essay Study Guide
Strategy Essay Strategy Guide | pg. 1. Florida Real Property Essay Study Guide I. Introduction Florida Real Property is a testable subject on Part A of the Florida Bar Exam. Although the rules of the Florida bar exam permit this subject to be tested in multiple-choice format, Florida Real Property has been tested in essay format only. You ...
PDF REAL PROPERTY Copyright July, 2000
Scott Pearce's Master Essay Method - Real Property-July 2000 2. Owen to Doris and George In 19 84 , Ow en con ve yed the pa rc el "to my da ug hte r, Do ri s, and my so n, Ge or ge, s o lo ng as th ey bo th sh all l ive , a nd the n to the su rv ivo r of the m." Th us , Dor is an d Ge or ge were grante d a lif e esta te , w ith ...
St. Petersburg, FL real estate & homes for sale
Property detail for 6978 46th Ave N Lot 223 Saint Petersburg, FL 33709. Mobile house for sale. $28,000. ... Brokered by VAN WERT REAL ESTATE SVCS.,LLC. new open house 9/15. tour available.
St. Petersburg, FL Homes for Sale & Real Estate
5095 Bay St NE #306, Saint Petersburg, FL 33703. 3.98 acre lot • $599 HOA • Community pool. ABOUT THIS HOME. St. Petersburg, FL home for sale. Modern, open living meets old Florida charm in this wonderful, remodeled and updated 3 Bedroom, 3 Bathroom home, which also features refinished terrazzo floors in 2 bedrooms.
Homes for sale in St. Petersburg, FL with newest listings
Property detail for 9007 Bay St NE Saint Petersburg, FL 33702. House for sale. $329,000. 2 bed. 1 bath. 928 sqft. 7,518 sqft lot. 9007 Bay St NE. Saint Petersburg, FL 33702.
PDF Scott Pearce's Master Essay Method Evidence
peach Don with his 1985 bribery conviction.Assuming that all appropriate objections were made, should the court admit the evidence offered by the prosecution in num. rs 13, 1. Scott Pearce's Master Essay Method - Evidence - February 1998. I. e Phillips' preliminary hearing test. Relevance - evidence of Don's guilt.
Saint Petersburg FL Newest Real Estate Listings
PROPERTY LEADERS RE INC. $1,759,000. 5 bds; 6 ba; 3,599 sqft - House for sale. Show more. 1 day on Zillow. ... REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The trademarks MLS®, Multiple Listing Service® and the associated logos ...