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MA Bar: Real Property

MA Bar · Work through your exam, one topic at a time.

All guide sections

Real Property

Real Property tests estates, future interests, co-ownership, landlord-tenant, easements, covenants, mortgages, recording, and takings.

Core framework

Estates include fee simple absolute, life estate, fee tail, and defeasible fees. Future interests include reversion, remainder, and executory interest. The Rule Against Perpetuities applies to contingent remainders and executory interests; modern statutes use wait-and-see. Co-ownership: tenancy in common, joint tenancy with right of survivorship, tenancy by the entirety. Landlord-tenant: lease types, constructive eviction, security deposits. Easements can be express, implied, by necessity, or by prescription; covenants and equitable servitudes require touch and concern, intent, and notice. Recording acts: race, notice, or race-notice. Mortgages: lien theory, priority, foreclosure.

Worked example

O conveys "to A for life, then to B's heirs." A has a life estate. B's heirs have a remainder. The remainder is contingent because B's heirs are not determined until B dies. The Rule Against Perpetuities is satisfied because B is a life in being, and the interest must vest at B's death. If B has no heirs, the interest may escheat or pass by intestacy, but the grant is valid.

Traps

A joint tenant's conveyance severs the joint tenancy. An easement by necessity requires common ownership and strict necessity. A covenant runs with land only if there is touch and concern, intent, notice, and horizontal/vertical privity. A wild deed may not give constructive notice. Adverse possession requires actual, open, notorious, exclusive, hostile, and continuous possession for the statutory period. A mortgage's priority can be lost by subordination.