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Real Property

Real Property MBE Outline

I. Estates and Future Interests

  • Fee Simple Absolute: Absolute ownership.
  • Fee Simple Determinable: Ends automatically upon the occurrence of a specific event (Possibility of Reverter).
  • Fee Simple Subject to Condition Subsequent: Right of entry must be exercised by grantor.

II. Landlord-Tenant

  • Implied Warranty of Habitability: Applies to residential leases; requires landlord to keep premises fit for human habitation.
  • Constructive Eviction: Landlord substantially interferes with tenant's use and enjoyment; tenant must vacate to claim.

III. Conveyances

  • Recording Acts:

  • Notice Jurisdiction: Subsequent BFP wins if they take without notice of prior unrecorded instrument.

  • Race-Notice Jurisdiction: Subsequent BFP wins only if th

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