MEE Subject Guide
Real Property on the MEE: What to Know and How to Practice
Real Property on the MEE covers a wide range of doctrines from estates and future interests to recording acts and easements. This guide covers the key testing areas and how to approach Property essays.
What the MEE Tests in Real Property
Estates in land and future interests are the foundation of MEE Property questions. You need to classify present estates (fee simple absolute, fee simple determinable, fee simple subject to condition subsequent, life estate) and their corresponding future interests (possibility of reverter, right of entry, remainder, executory interest). The Rule Against Perpetuities occasionally appears as well.
Landlord-tenant law is the second major testing area. MEE questions test the duties of landlords (implied warranty of habitability, duty to deliver possession) and tenants (duty to pay rent, duty not to commit waste), as well as the rules governing assignment and sublease. Know the difference between a lease assignment and a sublease and the privity rules that determine who can sue whom.
Recording acts and easements round out the typical Property essay. Recording act questions require you to identify the type of statute (notice, race-notice, or race) and determine who prevails in a priority dispute. Easement questions test creation methods (express grant, implication, necessity, prescription), scope, and termination. Covenants running with the land and equitable servitudes, which require analysis of the touch-and-concern and privity elements, also appear.
How to Approach a Real Property Essay
Property essays reward precise classification. When the question involves an estate, start by identifying the exact type of estate and its corresponding future interest using the language of the grant. The words of the conveyance matter: "so long as" signals a fee simple determinable; "but if" or "on condition that" signals a fee simple subject to condition subsequent. State the classification and explain why the language creates that particular estate.
For recording act questions, establish the type of recording statute, then trace each subsequent purchaser's status (bona fide purchaser for value without notice, or not). For easement questions, identify the creation method first, then address scope or termination as the facts require. In all Property essays, the facts tend to be dense with names, dates, and conveyances. Read carefully and track the chain of title before writing.
Frequently Asked Questions
Is Real Property tested frequently on the MEE?
Real Property is tested regularly on the MEE. It appears on most administrations and can be one of the more challenging subjects because of the number of distinct doctrines it covers, from estates to recording acts to easements.
What topics in Real Property are most commonly tested on the MEE?
The most commonly tested topics are estates in land and future interests, landlord-tenant law (duties, remedies, assignment and sublease), recording acts (notice, race-notice, race), and easements (creation, scope, termination). Covenants running with the land and equitable servitudes also appear.
How should I study Real Property for the bar exam?
Start with estates and future interests, since they appear most often and require precise classification. Know the fee simple, life estate, and defeasible fee categories. Then study landlord-tenant duties and recording act types. For easements, memorize the creation methods (express, implied, prescription, necessity) and practice applying them to fact patterns.