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Real Property—MBE Attack Sequences

Step-by-step attack sequences for each Real Property sub-topic, ordered most-tested-first. Run the sequence, lock the key rules, then drill the matching flowchart.

Where the points are

The zones this subject leans on hardest, and the traps that catch people.

Most tested
Estates and future interests, recording acts, mortgages, and landlord-tenant—with conveyancing and easements close behind.
Classic traps
The Rule Against Perpetuities; notice vs. race-notice recording acts (and who qualifies as a bona fide purchaser); equitable conversion and risk of loss; severance of a joint tenancy; assignment vs. sublease; mortgage priority and the effect of recording.
  1. Estates & Future Interests
  2. Concurrent Ownership
  3. Landlord-Tenant
  4. Easements, Covenants & Servitudes
  5. Adverse Possession
  6. Conveyancing, Deeds & Recording Acts
  7. Mortgages
1

Estates & Future Interests

Attack sequence

  1. Classify the present estate Fee simple absolute, defeasible fee (determinable, subject to condition subsequent, or executory limitation), life estate, or leasehold.
  2. Identify the future interest In the grantor: reversion, possibility of reverter, right of entry. In a third party: remainder or executory interest.
  3. Vested or contingent remainder A remainder is contingent if subject to a condition precedent or held by an unascertained person.
  4. Rule Against Perpetuities An interest must vest, if at all, within 21 years of a life in being; strike offending contingent remainders and executory interests.
2

Concurrent Ownership

Attack sequence

  1. Identify the tenancy Tenancy in common (no survivorship), joint tenancy (survivorship + four unities), tenancy by the entirety (spouses).
  2. Severance A joint tenant's inter vivos transfer severs and creates a tenancy in common; a mortgage severs only in a title-theory state.
  3. Rights among co-tenants Each has a right to possess the whole; account for rents from third parties and for ouster.
  4. Partition Any co-tenant may seek partition in kind, or by sale if division is impractical.
3

Landlord-Tenant

Attack sequence

  1. Identify the tenancy Term of years, periodic, tenancy at will, or tenancy at sufferance.
  2. Landlord duties Deliver possession, the implied warranty of habitability (residential), and the covenant of quiet enjoyment.
  3. Constructive eviction Substantial interference plus notice and the tenant vacates.
  4. Assignment vs sublease Assignment transfers the entire remaining term (privity of estate with the landlord); a sublease transfers less.
  5. Liability after transfer The original tenant stays liable on the lease covenants absent a novation.
4

Easements, Covenants & Servitudes

Attack sequence

  1. Classify the easement Affirmative or negative; appurtenant (benefits land) or in gross (personal).
  2. Creation By grant in writing, implication from prior use, necessity, or prescription (adverse, for the statutory period).
  3. Transfer An appurtenant easement runs with the dominant and servient estates.
  4. Termination Release, merger, abandonment, prescription, or end of necessity.
  5. Real covenant vs equitable servitude For damages (covenant) require writing, intent, touch and concern, notice, and horizontal + vertical privity; for an injunction (equitable servitude) privity is not required.
5

Adverse Possession

Attack sequence

  1. Actual and exclusive The possessor uses the land as an owner would and does not share with the true owner.
  2. Open and notorious The use is visible enough to put a reasonable owner on notice.
  3. Hostile Possession is without the owner's permission.
  4. Continuous for the statutory period Continuous as an owner would use it; tacking is allowed between possessors in privity.
  5. Effect Title vests in the possessor; disabilities of the true owner can toll the period.
▶Walk the Adverse Possession flowchart →
6

Conveyancing, Deeds & Recording Acts

Attack sequence

  1. Land contract Requires a signed writing (Statute of Frauds); marketable title implied; risk of loss on the buyer under equitable conversion.
  2. Deed validity Delivery with intent plus acceptance; merger extinguishes contract covenants at closing.
  3. Deed type General warranty (all covenants), special warranty (grantor's own acts), or quitclaim (no warranties).
  4. Recording act type Race (first to record), notice (later BFP without notice wins), race-notice (later BFP without notice who records first).
  5. BFP and shelter A bona fide purchaser pays value without notice; a person who takes from a BFP is sheltered.
▶Walk the Recording Acts flowchart →
7

Mortgages

Attack sequence

  1. Identify the security interest A mortgage secures a debt; a purchase-money mortgage takes priority to the extent it funds acquisition.
  2. Theory Lien theory (mortgagor keeps title and possession) versus title theory (mortgagee holds title).
  3. Transfer by the owner Subject to = buyer not personally liable; assumption = buyer personally liable, seller liable absent novation.
  4. Priority and modification First in time, first in right, subject to recording; modifying a senior loan subordinates it to a junior to the extent of prejudice.
  5. Foreclosure Join all junior interests to extinguish them; the mortgagor has equitable and (if allowed) statutory redemption.

A study aid in my own words, not legal advice—always confirm against your bar's materials.