PA RE Broker study materials
PA RE Broker study resources

PA RE Broker: Property Ownership

PA RE Broker · Work through your exam, one topic at a time.

All guide sections

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.