Property, Land, and Real Estate Law
What this domain tests
Property, land, and real estate law tests estates, leases, recording, easements, adverse possession, and the CNMI's constitutional land restrictions. Article XII is the central local rule.
Core rules
- Article XII restricts acquisition of permanent and long-term interests in land to persons of Northern Marianas descent (NMD). The definition turns on Chamorro or Carolinian ancestry, not merely U.S. citizenship.
- Long-term leases are generally capped at 55 years; a lease exceeding the cap is invalid as to the excess.
- Easements may be express, implied, or prescriptive. Recording statutes protect bona fide purchasers who record first, depending on the jurisdiction's race-notice or notice rule.
- Landlord-tenant law governs possession, repair, rent, and eviction. Self-help eviction is risky; court process is required.
- Customary land tenure and traditional rights may affect use and transfer.
Worked example
A corporation with one non-NMD shareholder signs a 99-year lease of beachfront land. The lessor later challenges the lease. Because the corporation does not qualify as NMD and the term exceeds the constitutional limit, the lease is invalid beyond the permitted term. The tenant may have restitution or a shorter enforceable term, but it cannot enforce the full 99 years.
Traps
Equating U.S. citizenship with NMD status. Forgetting that corporate ownership can defeat NMD qualification. Assuming a recording statute cures a constitutional defect. Ignoring customary rights when analyzing access.
Exam approach
Classify the interest, test Article XII, then apply recording and lease rules.