Instructor’s Manual and Test Bank to Accompany Practical Real Estate Law 1
CHAPTER 1
Introduction to the Law of Real Property
This chapter is an introduction to the law of real property. The concept of real property ownership
and the legal characteristics of ownership are discussed. The chapter finishes with a discussion of the
methods for acquiring ownership to real property and a full explanation of the modern day estates in
real property. The chapter is important because it introduces the student to several basic real property
concepts and key terms, which will be further defined and refined in the chapters that follow.
CHAPTER OUTLINE
I. Real Property Law
A. Laws That Govern Real Property Transactions
B. History of American Real Property Law
C. Real Property versus Personal Property
1. Tangible Personal Property
2. Intangible Personal Property
D. Fixtures
Case: Ex Parte Brown
E. Physical Elements of Real Property
1. Airspace
2. Mineral Rights
3. Water Rights
F. Ownership of Real Property
II . Modern-Day Estates in Real Property
A. Fee Simple or Fee Simple Absolute
B. Fee Simple Determinable
C. Fee Simple on Condition Subsequent
D. Life Estate
E. Future Interests
F. Estate for Years
G. Estate at Will
III. Methods of Acquiring Ownership to Real Property
A. Inheritance and Devise
B. Gift
C. Contract and Sale
D. Adverse Possession
IV. Transfer of Ownership (Conveyances)
V. Role of Paralegals in Real Estate Legal Practice
A. Research Materials for Real Property Law
VI. Ethics: Introduction
VII. Summary
VIII. Key Terms
IX. Review Questions
X. Case Problems
XI. Practical Assignments
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
, Instructor’s Manual and Test Bank to Accompany Practical Real Estate Law 2
TEACHING IDEAS
1. This chapter introduces the student to the basic concepts of real property law. The student is also
introduced for the first time to many new real estate and legal terms. Outlining and listing the
new terms and concepts on a whiteboard or with a PowerPoint presentation can be beneficial in
assisting the students in learning the new material.
2. This chapter contains an expanded discussion of personal property. You ma y want to use
classroom time to discuss the distinctions between real and personal property. The legal
distinction is for the most part historical and is based upon the type of action an owner could
take to recover property. This chapter also contains an expanded discussion of the history of real
property estates. Some students may be interested in a brief discussion of the history of real
property law.
3. As a hybrid between personal and real property law, fixtures can be a fascinating subject for
students. A review of the fixture judicial opinion in the chapter can provide a worthwhile
classroom exercise. You may want to supplement the discussion with an opinion from your own
state.
4. The topic of adverse possession usually proves interesting for students. Many of them have
heard of the concept of “squatter’s rights.” A discussion of adverse possession cases from your
own state can be informative.
5. It is helpful to illustrate the various estates for the students. This will give students a clear idea
of how property ownership can shift from one owner to another upon the happening of a
contingency such as death in a life estate or breach of a condition in a conditional fee estate.
Names of characters in this chapter’s hypotheticals and in questions regarding the various estates
are alphabetical: Andy, Barbara, etc. This facilitates an easy discussion of the material in the text
by diagramming on the board A to B, etc.
6. Obtain a copy of your state’s inheritance statute and compare it with the sample inheritance
statute included in the chapter.
7. The chapter contains information concerning the utilization of paralegals in the real estate
practice. In addition, it would be helpful to have a practicing paralegal attend this class and
speak briefly with the students about the paralegal’s professional duties and work experiences.
8. The chapter introduces students to the many types of research resources for real property law.
You might want to show the students copies of some of your state's treatises and practice
material for real property lawyers.
ANSWERS TO REVIEW QUESTIONS
1. What is real property, and how does it differ from personal property?
Answer: Real property relates to land and those things that are more or less permanently attached to
the land, such as homes, office buildings, and trees. Personal property refers to all other things, such
as automobiles, furniture, stocks, and bonds.
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
CHAPTER 1
Introduction to the Law of Real Property
This chapter is an introduction to the law of real property. The concept of real property ownership
and the legal characteristics of ownership are discussed. The chapter finishes with a discussion of the
methods for acquiring ownership to real property and a full explanation of the modern day estates in
real property. The chapter is important because it introduces the student to several basic real property
concepts and key terms, which will be further defined and refined in the chapters that follow.
CHAPTER OUTLINE
I. Real Property Law
A. Laws That Govern Real Property Transactions
B. History of American Real Property Law
C. Real Property versus Personal Property
1. Tangible Personal Property
2. Intangible Personal Property
D. Fixtures
Case: Ex Parte Brown
E. Physical Elements of Real Property
1. Airspace
2. Mineral Rights
3. Water Rights
F. Ownership of Real Property
II . Modern-Day Estates in Real Property
A. Fee Simple or Fee Simple Absolute
B. Fee Simple Determinable
C. Fee Simple on Condition Subsequent
D. Life Estate
E. Future Interests
F. Estate for Years
G. Estate at Will
III. Methods of Acquiring Ownership to Real Property
A. Inheritance and Devise
B. Gift
C. Contract and Sale
D. Adverse Possession
IV. Transfer of Ownership (Conveyances)
V. Role of Paralegals in Real Estate Legal Practice
A. Research Materials for Real Property Law
VI. Ethics: Introduction
VII. Summary
VIII. Key Terms
IX. Review Questions
X. Case Problems
XI. Practical Assignments
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
, Instructor’s Manual and Test Bank to Accompany Practical Real Estate Law 2
TEACHING IDEAS
1. This chapter introduces the student to the basic concepts of real property law. The student is also
introduced for the first time to many new real estate and legal terms. Outlining and listing the
new terms and concepts on a whiteboard or with a PowerPoint presentation can be beneficial in
assisting the students in learning the new material.
2. This chapter contains an expanded discussion of personal property. You ma y want to use
classroom time to discuss the distinctions between real and personal property. The legal
distinction is for the most part historical and is based upon the type of action an owner could
take to recover property. This chapter also contains an expanded discussion of the history of real
property estates. Some students may be interested in a brief discussion of the history of real
property law.
3. As a hybrid between personal and real property law, fixtures can be a fascinating subject for
students. A review of the fixture judicial opinion in the chapter can provide a worthwhile
classroom exercise. You may want to supplement the discussion with an opinion from your own
state.
4. The topic of adverse possession usually proves interesting for students. Many of them have
heard of the concept of “squatter’s rights.” A discussion of adverse possession cases from your
own state can be informative.
5. It is helpful to illustrate the various estates for the students. This will give students a clear idea
of how property ownership can shift from one owner to another upon the happening of a
contingency such as death in a life estate or breach of a condition in a conditional fee estate.
Names of characters in this chapter’s hypotheticals and in questions regarding the various estates
are alphabetical: Andy, Barbara, etc. This facilitates an easy discussion of the material in the text
by diagramming on the board A to B, etc.
6. Obtain a copy of your state’s inheritance statute and compare it with the sample inheritance
statute included in the chapter.
7. The chapter contains information concerning the utilization of paralegals in the real estate
practice. In addition, it would be helpful to have a practicing paralegal attend this class and
speak briefly with the students about the paralegal’s professional duties and work experiences.
8. The chapter introduces students to the many types of research resources for real property law.
You might want to show the students copies of some of your state's treatises and practice
material for real property lawyers.
ANSWERS TO REVIEW QUESTIONS
1. What is real property, and how does it differ from personal property?
Answer: Real property relates to land and those things that are more or less permanently attached to
the land, such as homes, office buildings, and trees. Personal property refers to all other things, such
as automobiles, furniture, stocks, and bonds.
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
