Real Property Administration
Scope of Real Property Administration
Real property administration covers the ownership, legal description, and governance of the asset itself, distinct from day-to-day property management. Candidates must understand title and deed concepts (fee simple, leasehold, easements, encumbrances, liens), how property is legally described (metes and bounds, lot-and-block, government survey), and the documents that record interests: deeds, mortgages, leases, and recorded restrictions. Also know the difference between real property (land plus permanently attached improvements) and personal property (fixtures can convert), and how zoning, subdivision covenants, and the master deed or declaration for a condominium or cooperative shape what an owner may do.
Traps to watch
- Fixture vs. personal property: questions hinge on method of attachment, adaptation, and intent. A tenant-installed item can become the landlord's fixture unless a trade-fixture exception applies.
- Easement vs. license vs. encroachment: an easement is an interest that runs with the land; a license is revocable permission; an encroachment is a physical intrusion and may ripen into a prescriptive easement.
- Deed recording vs. validity: recording protects against later claims but does not itself create a valid conveyance; delivery and acceptance do.
- Condominium vs. cooperative: in a co-op the owner holds shares plus a proprietary lease; in a condo the owner holds a deed to a unit plus an undivided interest in common elements.
Rule of thumb
When a question asks who bears a burden, ask: Is the burden recorded, and does it run with the land? A recorded covenant or easement generally binds successors; an unrecorded, personal agreement usually does not. For fixtures, apply the three-part test (attachment, adaptation, intent) and remember that a written lease clause can override the default.
Worked example
A tenant installs shelving bolted to the wall for retail display. On vacating, may the tenant remove it? Bolted attachment and adaptation to the space suggest a fixture, but trade fixtures installed for the tenant's business are generally removable if removal leaves no material damage. Answer: likely removable as a trade fixture, but confirm lease language.