The hook
Real property law is the system of rights in land. Estates (fee simple, life estate, lease), forms of co-ownership (tenancy in common, joint tenancy), conveyances, recording acts. Surveyors don't practice law, but they must understand the framework to interpret deeds and resolve boundaries.
Memorize these
Concepts that show up on the exam
Fee simple absolute
The fullest form of ownership. Inheritable, no time limit, no condition. The default when a deed is silent on type of estate.
Life estate
Ownership for the life of a named person. After their death, the property passes to the remainderman (specified in the conveyance).
Tenancy in common
Two or more people own undivided shares (which can be unequal). Each share is inheritable independently.
Joint tenancy
Two or more people own equal undivided shares with right of survivorship — when one dies, their share goes to the others (NOT to heirs).
Tenancy by the entirety
Special form of joint tenancy for married couples. Spouse cannot unilaterally sell. State-specific.
Conveyance
Transfer of an interest in real property. Most commonly a deed; can also be a will, lease, easement grant, mortgage.
Recording act
State law that determines who has priority among competing claims when an instrument is recorded. Three types: race, notice, race-notice. State-specific.
Title
The bundle of legal rights to a property. "Marketable title" = title that a reasonable buyer would accept. Defended by title insurance.
Don't fall for these
What trips people up
Practicing law without a license
Surveyors INTERPRET deeds and apply boundary law. They don't draft conveyances or give legal advice. The line is fuzzy; when in doubt, refer to an attorney.
Confusing recording with possession
An UNRECORDED deed is still valid between the parties. RECORDING gives constructive notice to the world (and depending on state, priority). Both matter; they're different things.
Test yourself
How well did it stick?
A quick 5-question check on Real Property Law. See where you stand and what to review.