NCEES PS Exam Questions and Answers
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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. - Answer✔Bundle of Rights
Real property - Answer✔Real property is fixed and immovable
Personal Property - Answer✔Personal property is consumable
Fee Simple Absolute - Answer✔an estate in land that provides the owner with a complete set of
legal rights, limited only by the powers of government
Fee - Answer✔an estate that can inherited or divested by will or other document
Simple - Answer✔not fee tail (a fee tail estate must be inherited by a specific person)
Absolute - Answer✔no limitations on time, estate can continue forever
Defeasible fee simple estate - Answer✔a future event must be met for the estate to continue.
There are conditions on the estate
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Life Estates - Answer✔Ownership, possession and control for someone's lifetime
Estate per Autrie Vie - Answer✔Measured life is other than that of the holder:
"to Jones for the life of Brown and then to Smith in fee simple"
Easements - Answer✔an interest that one may have in the lands of another
Affirmative Easements - Answer✔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 - Answer✔the dominant estate can prevent the servient estate from doing
something e.g. scenic views
Appurtenant Easements - Answer✔"run with the land" and are not terminated by the sale of
either the servient or dominant tenement
Easements in Gross - Answer✔attaches to a person
Easements by estoppel - Answer✔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 - Answer✔Prescriptive Easements
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