NYC Real Estate ACTUAL EXAM
2026/2027 | 150 Q&A | Verified Q&A |
Pass Guaranteed - A+ Graded
Section 1: Property Ownership & Land Use Regulations (Questions 1–25)
Q1: A property owner in Queens conveys title "to my daughter for life, then to my grandson in fee
simple." What type of estate does the daughter receive?
A. Fee simple absolute
B. Fee simple determinable
C. Life estate [CORRECT]
D. Estate for years
Correct Answer: C
Rationale: A life estate grants ownership for the duration of a person's life, with the remainder interest
passing to a designated remainderman upon that person's death. The daughter holds a life estate with
the grandson as the remainderman in fee simple, creating a future interest that becomes possessory
automatically upon the daughter's death.
Q2: A Brooklyn homeowner holds title as "sole owner, with full rights of disposition and inheritance."
Which type of ownership is described?
A. Fee simple conditional
B. Fee simple absolute [CORRECT]
C. Life estate pur autre vie
D. Tenancy in common
Correct Answer: B
Rationale: Fee simple absolute is the highest form of property ownership under common law, granting
the owner complete rights of use, possession, enjoyment, and disposition without limitation. The
description of "full rights of disposition and inheritance" is the defining characteristic of fee simple
absolute, as opposed to lesser estates with restrictions.
,Q3: Two siblings purchase a Manhattan brownstone together. The deed states they hold title "as joint
tenants with right of survivorship." If one sibling dies, what happens to their interest?
A. It passes to their heirs according to their will
B. It passes to the surviving joint tenant automatically [CORRECT]
C. It is divided equally among all family members
D. It escheats to the State of New York
Correct Answer: B
Rationale: Joint tenancy with right of survivorship includes the four unities: time, title, interest, and
possession. Upon the death of one joint tenant, their interest passes automatically by operation of law
to the surviving joint tenant(s) through the right of survivorship, bypassing probate and overriding any
contrary provisions in a will.
Q4: A Staten Island property is subject to a mortgage lien, a mechanic's lien, and a property tax lien.
Which lien has first priority in the event of foreclosure?
A. The mortgage lien, as it was recorded first
B. The mechanic's lien, as it represents labor and materials
C. The property tax lien [CORRECT]
D. All liens share equal priority
Correct Answer: C
Rationale: Under New York Real Property Tax Law Section 1120, real property tax liens take absolute
priority over all other liens and encumbrances regardless of recording date. Property taxes are a
statutory lien that supersedes even prior-recorded mortgages, making tax delinquency the most
dangerous lien position for lenders and property owners.
Q5: A developer wants to build a 40-story residential tower in Midtown Manhattan. Under NYC Zoning
Resolution, which zoning district classification would most likely permit this density?
A. R3-2
B. R5
C. R10 [CORRECT]
D. C1-3
Correct Answer: C
Rationale: NYC zoning districts R1 through R10 designate residential districts with increasing permitted
density, with R10 being the highest-density residential classification allowing the tallest buildings and
,maximum floor area ratio (FAR up to 10.0). Midtown Manhattan high-rise residential towers typically
require R10 zoning or equivalent commercial/residential mixed-use districts with high FAR allowances.
Q6: A property owner in the Bronx discovers an easement on their deed allowing the neighbor to use a
driveway. The easement was created 50 years ago and is recorded. What type of encumbrance is this?
A. A lien
B. An easement appurtenant [CORRECT]
C. A license
D. An encroachment
Correct Answer: B
Rationale: An easement appurtenant is a non-possessory interest in land that benefits an adjacent
parcel (the dominant tenement) and burdens the servient tenement. Because it is recorded, runs with
the land, and benefits the neighboring property, it is a permanent encumbrance that transfers
automatically with property ownership unless expressly terminated.
Q7: A homeowner in Nassau County fails to pay their property taxes for three years. The county initiates
a tax foreclosure proceeding. What type of foreclosure is this?
A. Judicial foreclosure by a private lender
B. In rem tax foreclosure proceeding [CORRECT]
C. Strict foreclosure
D. Power of sale foreclosure
Correct Answer: B
Rationale: New York tax foreclosures are in rem proceedings brought by the municipality against the
property itself rather than the owner personally. Under Real Property Tax Law Article 11, the
municipality can foreclose after taxes remain unpaid for a specified period, and the proceeding does not
require personal service on the owner if proper notice and publication requirements are met.
Q8: A Queens homeowner holds a fee simple determinable estate with the language "so long as the
property is used for residential purposes." If the owner converts the property to commercial use, what
happens?
A. The estate continues with a penalty
B. The estate automatically terminates and reverts to the grantor [CORRECT]
C. The owner must pay a fee to maintain the estate
D. The estate converts to a life estate
, Correct Answer: B
Rationale: A fee simple determinable is a defeasible estate that automatically terminates upon the
occurrence of a specified event or condition, with the possibility of reverter returning to the grantor.
The language "so long as" creates a determinable estate where breach of the condition causes
automatic forfeiture without requiring legal action by the grantor.
Q9: Three investors purchase a commercial property in Brooklyn. The deed specifies they hold as
"tenants in common, each with a one-third undivided interest." If one investor dies, what happens to
their interest?
A. It automatically passes to the surviving investors
B. It passes to the deceased investor's heirs or devisees [CORRECT]
C. It is divided equally among all three original investors' families
D. It escheats to New York State
Correct Answer: B
Rationale: Tenancy in common lacks the right of survivorship; each tenant holds a distinct, transferable,
and inheritable undivided interest. Upon death, a tenant in common's interest passes according to their
will or by intestate succession to their heirs, not automatically to co-tenants, distinguishing it from joint
tenancy with right of survivorship.
Q10: A property in Manhattan is zoned C6-4 under the NYC Zoning Resolution. What is the primary
permitted use?
A. Single-family residential
B. Commercial and manufacturing uses with high-density mixed-use development [CORRECT]
C. Agricultural
D. Low-density community facility only
Correct Answer: B
Rationale: C6 districts in NYC are central commercial districts designed for high-density mixed-use
development including office buildings, hotels, and residential towers. C6-4 permits a floor area ratio
(FAR) of up to 10.0 with height and setback regulations, making it suitable for major commercial and
residential towers in Manhattan's core business districts.
Q11: A homeowner in Westchester County places a restrictive covenant in the deed prohibiting
commercial use of the property. Twenty years later, a new owner wants to open a business. Is the
covenant enforceable?
2026/2027 | 150 Q&A | Verified Q&A |
Pass Guaranteed - A+ Graded
Section 1: Property Ownership & Land Use Regulations (Questions 1–25)
Q1: A property owner in Queens conveys title "to my daughter for life, then to my grandson in fee
simple." What type of estate does the daughter receive?
A. Fee simple absolute
B. Fee simple determinable
C. Life estate [CORRECT]
D. Estate for years
Correct Answer: C
Rationale: A life estate grants ownership for the duration of a person's life, with the remainder interest
passing to a designated remainderman upon that person's death. The daughter holds a life estate with
the grandson as the remainderman in fee simple, creating a future interest that becomes possessory
automatically upon the daughter's death.
Q2: A Brooklyn homeowner holds title as "sole owner, with full rights of disposition and inheritance."
Which type of ownership is described?
A. Fee simple conditional
B. Fee simple absolute [CORRECT]
C. Life estate pur autre vie
D. Tenancy in common
Correct Answer: B
Rationale: Fee simple absolute is the highest form of property ownership under common law, granting
the owner complete rights of use, possession, enjoyment, and disposition without limitation. The
description of "full rights of disposition and inheritance" is the defining characteristic of fee simple
absolute, as opposed to lesser estates with restrictions.
,Q3: Two siblings purchase a Manhattan brownstone together. The deed states they hold title "as joint
tenants with right of survivorship." If one sibling dies, what happens to their interest?
A. It passes to their heirs according to their will
B. It passes to the surviving joint tenant automatically [CORRECT]
C. It is divided equally among all family members
D. It escheats to the State of New York
Correct Answer: B
Rationale: Joint tenancy with right of survivorship includes the four unities: time, title, interest, and
possession. Upon the death of one joint tenant, their interest passes automatically by operation of law
to the surviving joint tenant(s) through the right of survivorship, bypassing probate and overriding any
contrary provisions in a will.
Q4: A Staten Island property is subject to a mortgage lien, a mechanic's lien, and a property tax lien.
Which lien has first priority in the event of foreclosure?
A. The mortgage lien, as it was recorded first
B. The mechanic's lien, as it represents labor and materials
C. The property tax lien [CORRECT]
D. All liens share equal priority
Correct Answer: C
Rationale: Under New York Real Property Tax Law Section 1120, real property tax liens take absolute
priority over all other liens and encumbrances regardless of recording date. Property taxes are a
statutory lien that supersedes even prior-recorded mortgages, making tax delinquency the most
dangerous lien position for lenders and property owners.
Q5: A developer wants to build a 40-story residential tower in Midtown Manhattan. Under NYC Zoning
Resolution, which zoning district classification would most likely permit this density?
A. R3-2
B. R5
C. R10 [CORRECT]
D. C1-3
Correct Answer: C
Rationale: NYC zoning districts R1 through R10 designate residential districts with increasing permitted
density, with R10 being the highest-density residential classification allowing the tallest buildings and
,maximum floor area ratio (FAR up to 10.0). Midtown Manhattan high-rise residential towers typically
require R10 zoning or equivalent commercial/residential mixed-use districts with high FAR allowances.
Q6: A property owner in the Bronx discovers an easement on their deed allowing the neighbor to use a
driveway. The easement was created 50 years ago and is recorded. What type of encumbrance is this?
A. A lien
B. An easement appurtenant [CORRECT]
C. A license
D. An encroachment
Correct Answer: B
Rationale: An easement appurtenant is a non-possessory interest in land that benefits an adjacent
parcel (the dominant tenement) and burdens the servient tenement. Because it is recorded, runs with
the land, and benefits the neighboring property, it is a permanent encumbrance that transfers
automatically with property ownership unless expressly terminated.
Q7: A homeowner in Nassau County fails to pay their property taxes for three years. The county initiates
a tax foreclosure proceeding. What type of foreclosure is this?
A. Judicial foreclosure by a private lender
B. In rem tax foreclosure proceeding [CORRECT]
C. Strict foreclosure
D. Power of sale foreclosure
Correct Answer: B
Rationale: New York tax foreclosures are in rem proceedings brought by the municipality against the
property itself rather than the owner personally. Under Real Property Tax Law Article 11, the
municipality can foreclose after taxes remain unpaid for a specified period, and the proceeding does not
require personal service on the owner if proper notice and publication requirements are met.
Q8: A Queens homeowner holds a fee simple determinable estate with the language "so long as the
property is used for residential purposes." If the owner converts the property to commercial use, what
happens?
A. The estate continues with a penalty
B. The estate automatically terminates and reverts to the grantor [CORRECT]
C. The owner must pay a fee to maintain the estate
D. The estate converts to a life estate
, Correct Answer: B
Rationale: A fee simple determinable is a defeasible estate that automatically terminates upon the
occurrence of a specified event or condition, with the possibility of reverter returning to the grantor.
The language "so long as" creates a determinable estate where breach of the condition causes
automatic forfeiture without requiring legal action by the grantor.
Q9: Three investors purchase a commercial property in Brooklyn. The deed specifies they hold as
"tenants in common, each with a one-third undivided interest." If one investor dies, what happens to
their interest?
A. It automatically passes to the surviving investors
B. It passes to the deceased investor's heirs or devisees [CORRECT]
C. It is divided equally among all three original investors' families
D. It escheats to New York State
Correct Answer: B
Rationale: Tenancy in common lacks the right of survivorship; each tenant holds a distinct, transferable,
and inheritable undivided interest. Upon death, a tenant in common's interest passes according to their
will or by intestate succession to their heirs, not automatically to co-tenants, distinguishing it from joint
tenancy with right of survivorship.
Q10: A property in Manhattan is zoned C6-4 under the NYC Zoning Resolution. What is the primary
permitted use?
A. Single-family residential
B. Commercial and manufacturing uses with high-density mixed-use development [CORRECT]
C. Agricultural
D. Low-density community facility only
Correct Answer: B
Rationale: C6 districts in NYC are central commercial districts designed for high-density mixed-use
development including office buildings, hotels, and residential towers. C6-4 permits a floor area ratio
(FAR) of up to 10.0 with height and setback regulations, making it suitable for major commercial and
residential towers in Manhattan's core business districts.
Q11: A homeowner in Westchester County places a restrictive covenant in the deed prohibiting
commercial use of the property. Twenty years later, a new owner wants to open a business. Is the
covenant enforceable?
