What Is Real Property in Real Estate?
Real property is land and everything permanently attached to it, including buildings, trees and mineral deposits, together with the rights of ownership in it. Anything movable is personal property instead, which is why real property passes by deed and personal property by bill of sale.
How the exam tests real property
These mirror the phrasing you will see on test day. Answer them, then read the explanation whether or not you got it right.
A gift of real property made by will is a:
Every real property question, answered
Every question above with its correct answer and the reasoning behind it. Read the explanations for the ones you answered correctly too. A lucky guess and knowing the rule look identical on a score report. These are sample questions from our larger bank.
1. A gift of real property made by will is a:
Why: Real property passes by devise to a devisee. Bequests and legacies are gifts of personal property, a distinction the exam tests directly.
2. Alvarez Realty manages a 60-unit building for its owner, signing leases, collecting rent and hiring contractors on the owner's behalf. Alvarez Realty is acting as a:
Why: Ongoing authority to handle a continuing series of transactions in one area of the principal's business is general agency, and property management is the standard example. A listing broker, by contrast, is a special agent hired for one transaction.
3. The Civil Rights Act of 1866 prohibits discrimination in the sale or lease of real property on the basis of:
Why: The 1866 Act bars racial discrimination in property transactions and contains no exemptions at all, which is why an owner who is exempt under the 1968 Act can still be liable for refusing to sell because of race.
4. An encumbrance that makes real property security for the payment of a debt is:
Why: Liens are financial encumbrances giving a creditor the right to have the property sold to satisfy a debt. Easements are non-financial encumbrances affecting use rather than securing money.
5. Personal property attached to real estate so that it becomes part of the realty has undergone:
Why: Annexation is the act of attaching personal property to land so that it converts into real property, as with an installed furnace. Severance is the reverse, detaching an item so that it becomes personal property again.
6. Which person is most likely exempt from licensing when arranging the sale of real property?
Why: A court-appointed executor selling estate property under court authority acts under judicial appointment and is customarily exempt. The other three all involve acting for another in expectation of compensation, which is unlicensed practice however casual the arrangement seems.
7. Title to real property passes from grantor to grantee at the moment the deed is:
Why: Transfer occurs when the deed is "Delivered to and accepted by the grantee", which is why an unrecorded deed can still pass title. Recording is the classic wrong answer because it affects notice and priority rather than the passing of title.
8. Voluntary alienation of real property occurs when:
Why: Voluntary alienation means the owner chooses to transfer, as when "An owner conveys the property by deed or leaves it by will". Foreclosure, condemnation, and court-confirmed occupancy all move title without the consent of the owner.
Key term: eminent domain
Where real property sits in the exam vocabulary
Related exam terms
Real property belongs to the property type family of exam concepts. When it is solid, take the free real estate exam prep or browse the full real estate vocabulary.
