NC Real Property Specialist study materials
NC Real Property Specialist study resources

NC Real Property Specialist: Real Property Law and Principles

NC Real Property Specialist · Work through your exam, one topic at a time.

All guide sections

Real Property Law and Principles

This domain tests how North Carolina treats land, fixtures, and the rights that burden or benefit real estate. Expect questions on the real-property/personal-property line, easements, encroachments, and liens rather than on memorized definitions alone.

Core rules

  • Real property includes land, improvements, and things permanently attached; personal property remains movable. Fixture analysis weighs annexation, adaptation, and intention. Trade fixtures installed by a tenant generally remain the tenant's property if removable without material damage.
  • An easement appurtenant benefits a dominant parcel and runs with it; an easement in gross benefits a person or entity. A license is revocable permission, not an interest. A prescriptive easement requires actual, open, adverse, continuous use for the statutory period, commonly 20 years in North Carolina.
  • Liens include property tax liens, judgment liens, and mechanic's liens. Priority usually depends on recording and statutory rules.
  • Air, surface, and mineral rights may be severed; North Carolina requires disclosure of mineral, oil, and gas rights in residential transactions.

Worked example

A tenant bolts heavy shelving into a warehouse floor. The lease says removable trade fixtures stay the tenant's. The shelving is adapted to the tenant's business and can be removed without structural damage, so it is likely a tenant trade fixture. If the shelving were custom-built into the wall, intention and damage would point to the landlord.

Traps that cost marks

Calling every attachment a fixture; treating a license as an easement; assuming an easement is lost by mere nonuse; and ignoring that an encroachment does not automatically transfer title. Read whether the right benefits a parcel or a person before choosing appurtenant or in gross.