Property Ownership
What the exam tests
Property Ownership tests estates, co-ownership, encumbrances, fixtures, and the rights that run with land. Expect questions about how title is held and what happens on death or sale.
Core rules
- Estates include fee simple absolute, fee simple defeasible, life estate, and leasehold estates; the estate defines duration and transferability.
- Co-ownership forms include tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety for spouses. Pennsylvania recognizes tenancy by the entirety.
- Easements, licenses, liens, mortgages, and restrictive covenants are encumbrances; an easement appurtenant benefits a dominant parcel and burdens a servient parcel.
- Fixtures are personal property that has become attached to realty; intent, method of attachment, and adaptation determine status.
- Water rights, air rights, and mineral rights may be severed and conveyed separately.
Worked example
Two siblings buy a rental house as joint tenants with right of survivorship. One sibling dies without a will. The surviving sibling takes the entire property by operation of law; the deceased sibling’s children receive nothing from that property. If the deed had created a tenancy in common, the deceased sibling’s one-half interest would pass to the estate and then to the heirs.
Traps that cost marks
Do not assume “joint tenancy” appears automatically; the deed must show survivorship intent. Do not confuse a license with an easement. Do not treat fixtures as personal property without analyzing attachment. Do not apply community property rules in Pennsylvania.