NCEES PS Exam Questions and Answers Fully Solved Latest Version 2025
The general presumption is that the rights you acquire in an estate 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. - Answers Bundle of Rights
Real property - Answers Real property is fixed and immovable
Personal Property - Answers Personal property is consumable
Fee Simple Absolute - Answers an estate in land that provides the owner with a complete set of legal
rights, limited only by the powers of government
Fee - Answers an estate that can inherited or divested by will or other document
Simple - Answers not fee tail (a fee tail estate must be inherited by a specific person)
Absolute - Answers no limitations on time, estate can continue forever
Defeasible fee simple estate - Answers a future event must be met for the estate to continue. There are
conditions on the estate
Life Estates - Answers Ownership, possession and control for someone's lifetime
Estate per Autrie Vie - Answers Measured life is other than that of the holder:
"to Jones for the life of Brown and then to Smith in fee simple"
Easements - Answers an interest that one may have in the lands of another
Affirmative Easements - Answers Allows the dominant estate (the one the easement benefits) to do
some physical act over the servient estate (where the easement is located).
Negative Easements - Answers the dominant estate can prevent the servient estate from doing
something e.g. scenic views
Appurtenant Easements - Answers "run with the land" and are not terminated by the sale of either the
servient or dominant tenement
Easements in Gross - Answers attaches to a person
Easements by estoppel - Answers If a person's actions led someone to believe they had an easement
they would be estopped from denting the use
Similar to adverse possession. The use is
1. Adverse use without permission
, 2. Open and notorious
3. Continuous
4. For a specific purpose
5. Lasts for the statutory period - Answers Prescriptive Easements
Covenant - Answers is an agreement between entities to restrict use. Usually within the same
subdivision or complex
Torrens Title System - Answers Areas that use: Chicago, Mass and Minn.
The owner of the title is registered through the land court.Title cannot be acquired through prescription.
1. Actual possession
2. Open Possession
2a. Notorious Possession
4. Claim of title
5. Continuous Possession
6. Hostile Possession
7. Exclusive Possession - Answers Elements of Adverse Rights
Color of Title - Answers That which appears to be good title but which is not title in fact.
Feoffment - Answers requires delivery of possession.
Livery Seisin - Answers in front of a witness some symbolic item of the land is delivered
Deed - Answers is a conveyance of realty whereby title to real property is transferred from one party to
another. It is the instrument by which title is conveyed.
Bargain and Sale Deed - Answers Historically was a deed where a conveyance is made free of any
covenants. Now there is such a thing as a Bargain and Sale Deed with Covenants. There is not a personal
guaranty of ownership, there
is a good faith bargain and sale.
Quit Claim Deed - Answers Release any interest the grantor may have at the time of conveyance. No
personal guaranty or implication that the title is "good."
The general presumption is that the rights you acquire in an estate 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. - Answers Bundle of Rights
Real property - Answers Real property is fixed and immovable
Personal Property - Answers Personal property is consumable
Fee Simple Absolute - Answers an estate in land that provides the owner with a complete set of legal
rights, limited only by the powers of government
Fee - Answers an estate that can inherited or divested by will or other document
Simple - Answers not fee tail (a fee tail estate must be inherited by a specific person)
Absolute - Answers no limitations on time, estate can continue forever
Defeasible fee simple estate - Answers a future event must be met for the estate to continue. There are
conditions on the estate
Life Estates - Answers Ownership, possession and control for someone's lifetime
Estate per Autrie Vie - Answers Measured life is other than that of the holder:
"to Jones for the life of Brown and then to Smith in fee simple"
Easements - Answers an interest that one may have in the lands of another
Affirmative Easements - Answers Allows the dominant estate (the one the easement benefits) to do
some physical act over the servient estate (where the easement is located).
Negative Easements - Answers the dominant estate can prevent the servient estate from doing
something e.g. scenic views
Appurtenant Easements - Answers "run with the land" and are not terminated by the sale of either the
servient or dominant tenement
Easements in Gross - Answers attaches to a person
Easements by estoppel - Answers If a person's actions led someone to believe they had an easement
they would be estopped from denting the use
Similar to adverse possession. The use is
1. Adverse use without permission
, 2. Open and notorious
3. Continuous
4. For a specific purpose
5. Lasts for the statutory period - Answers Prescriptive Easements
Covenant - Answers is an agreement between entities to restrict use. Usually within the same
subdivision or complex
Torrens Title System - Answers Areas that use: Chicago, Mass and Minn.
The owner of the title is registered through the land court.Title cannot be acquired through prescription.
1. Actual possession
2. Open Possession
2a. Notorious Possession
4. Claim of title
5. Continuous Possession
6. Hostile Possession
7. Exclusive Possession - Answers Elements of Adverse Rights
Color of Title - Answers That which appears to be good title but which is not title in fact.
Feoffment - Answers requires delivery of possession.
Livery Seisin - Answers in front of a witness some symbolic item of the land is delivered
Deed - Answers is a conveyance of realty whereby title to real property is transferred from one party to
another. It is the instrument by which title is conveyed.
Bargain and Sale Deed - Answers Historically was a deed where a conveyance is made free of any
covenants. Now there is such a thing as a Bargain and Sale Deed with Covenants. There is not a personal
guaranty of ownership, there
is a good faith bargain and sale.
Quit Claim Deed - Answers Release any interest the grantor may have at the time of conveyance. No
personal guaranty or implication that the title is "good."
