Real Property MBE Practice Test 2018
This is the Bar Prep Hero practice examination for Real Property. Again, the National Conference of Bar Examiners (NCBE) has stressed that the MBE is designed to assess the extent to which the student can apply fundamental legal principles to given fact problems or to the completion of legal transactions. Real estate is a practice area that involves quite a bit of ‘transactional’ matters for attorneys to understand and master. Thus, when a piece of real estate is sold from a seller to a buyer, numerous procedural steps are generated for the successful and legal completion of the transaction. Deeds and mortgages must be prepared. HUD closing statements are required in typical residential sales transactions.
Of course, it is not all that cut-and-dry. Instead, numerous legal principles come into play. Where encounter a deep disagreement, a real estate transaction may fall apart, and in some cases, it may lead to real estate litigation. In this prep test and in the official MBE, you will get questions that will deal with real estate transactions that involve disputes or complications presenting legal questions to resolve. You will also get some questions that are asking for the application of certain traditional legal concepts to a hypothetical real estate transaction. Some of the key principles that may be dealt with, both here and in the MBE, include but are not limited to: fee simple, life estates, remainders, reversions, joint tenancy and tenancy in common. Other important concepts that may be explored are zoning, easements, rights of way, quiet title, adverse possession, covenants, partition, severance, and the law of landlord and tenant.
In this prep test and in the official MBE, you are likely to get questions dealing with foreclosure, enforcement of liens, deed transfers, title insurance procedures, titles searches, chains of title, warranties, the law of fixtures, options, rights of first refusal and many other real estate concepts. Some of the traditional common law subjects can be hard to grasp for some students, who may try mightily to understand them and their relevance to modern practice. Some of these rules have limited applicability today, and in those instances we have attempted to get that across to you in the statement of the question, the hint and/or the ‘explanation’ section. Real estate is a dynamic practice area. We hope that you will take full advantage of the BPH tools presented here and improve your understanding for a successful MBE performance!