passed 2025/2026
1. The general presumption is that Bundle of Rights
the rights you acquire in an
es- tate extend from the
center of the earth to the
heavens above. However,
the owner may hold that
entire bundle or not. One
can only convey the
quantity and quality of
interest they have.
2. Real property Real property is fixed and immovable
3. Personal Property Personal property is consumable
4. Fee Simple Absolute an estate in land that provides the owner with a
complete set
of legal rights, limited only by the powers of
government
5. Fee an estate that can inherited or divested by will or
other document
6. Simple not fee tail (a fee tail estate must be inherited by a
specific person)
7. Absolute no limitations on time, estate can continue forever
8. Defeasible fee simple estate a future event must be met for the estate to
continue. There
are conditions on the estate
9. Life Estates Ownership, possession and control for someone's
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,NCEES PS Exam questions well answered already
passed 2025/2026
lifetime
10. Estate per Autrie Vie Measured life is other than that of the holder:
"to Jones for the life of Brown and then to Smith in fee
simple"
11. Easements an interest that one may have in the lands of another
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12. Affirmative Easements Allows the dominant estate (the one the easement
benefits)
to do some physical act over the servient estate (where the
easement is located).
13. Negative Easements the dominant estate can prevent the servient estate
from
doing something e.g. scenic views
14. Appurtenant Easements "run with the land" and are not terminated by the
sale of
either the servient or dominant tenement
15. Easements in Gross attaches to a person
16. Easements by estoppel If a person's actions led someone to believe they
had an
easement they would be estopped from denting the use
17. Similar to adverse Prescriptive Easements
possession. The use is
1. Adverse use without
permis- sion
2. Open and notorious
3. Continuous
4. For a specific purpose
5. Lasts for the statutory
period
18. Covenant is an agreement between entities to restrict use.
Usually within the same subdivision or complex
19. Torrens Title System Areas that use: Chicago, Mass and Minn.
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