Practical Real Estate
Law 7e Daniel F.
Hinkel (Instructor's
Manual All Chapters,
100% Original
Verified, A+ Grade)
,CHAPTER 1
Introduction to the Law of Real Property
This chapter is an introduction to the law of real property. The concept of ownership of real property
and the legal characteristics of ownership are discussed. The chapter finishes with a discussion of
the methods of acquiring ownership to real property and a full explanation of the modern-day estates
in real property. The chapter is important because it introduces the student to several basic real
property concepts and key terms, which will be further defined and refined in the chapters that
follow.
CHAPTER OUTLINE
I. Real Property Law
A. Laws That Govern Real Property Transactions
B. Real Property versus Personal Property
1. Tangible Personal Property
2. Intangible Personal Property
C. Fixtures
Case: Ex Parte Brown
D. Physical Elements of Real Property
1. Airspace
2. Mineral Rights
3. Water Rights
E. Ownership of Real Property
II. History of American Real Property Law
A. Modern-Day Estates in Real Property
1. Fee Simple or Fee Simple Absolute
2. Fee Simple Determinable
3. Fee Simple on Condition Subsequent
4. Life Estate
5. Future Interests
6. Estate for Years
7. Estate at Will
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,III. Methods of Acquiring Ownership to Real Property
A. Inheritance and Devise
B. Gift
C. Contract and Sale
D. Adverse Possession
IV. Transfer of Ownership (Conveyances)
V. Role of Paralegals in Real Estate Legal Practice
A. Research Materials for Real Property Law
VI. Ethics: Introduction
VII. Summary
VIII. Key Terms
IX. Review Questions
X. Case Problems
XI. Practical Assignments
TEACHING IDEAS
1. This chapter introduces the student to the basic concepts of real property law. The student is
also introduced for the first time to many new real estate and legal terms. Outlining and listing
the new terms and concepts on a whiteboard or with a PowerPoint presentation can be
beneficial in assisting the students in learning the new material.
2. This chapter contains an expanded discussion of personal property. You may want to use
classroom time to discuss the distinctions between real and personal property. The legal
distinction is for the most part historical and is based upon the type of action an owner could
take to recover property. This chapter also contains an expanded discussion of the history of the
real property estates. Some students may be interested in a brief discussion of the history of real
property law.
3. Fixtures, that are a hybrid between personal and real property law, can be a fascinating subject
for students. A review of the fixture judicial opinion in the chapter can provide a worthwhile
classroom exercise. You may want to supplement the discussion with an opinion from your
own state.
4. The topic of adverse possession usually proves interesting for students. Many of them have
heard of the concept of “squatter’s rights.” A discussion of adverse possession cases from your
own state can be informative.
5. It is helpful to illustrate the various estates for the students. This will give the student a clear
idea of how the property ownership can shift from one owner to another upon the happening of
. 2
, a contingency such as death in a life estate or breach of a condition in a conditional fee estate.
Names of characters in this chapter’s hypotheticals and in questions regarding the various
estates are alphabetical: Andy, Barbara, etc. This facilitates an easy discussion of the material in
the text by diagramming on the board A to B, etc.
6. Obtain a copy of your state’s inheritance statute and compare it with the sample inheritance
statute included in the chapter.
7. The chapter contains information concerning the utilization of paralegals in the real estate
practice. In addition, it would be helpful to have a practicing paralegal attend this class and
speak briefly with the students about the paralegal’s professional duties and work experiences.
8. The Web has become a very important source of information for real estate lawyers and
paralegals. Major websites for legal information are set forth in this chapter.
ANSWERS TO REVIEW QUESTIONS
1. What is real property, and how does it differ from personal property?
Answer: Real property relates to land and those things that are more or less permanently attached to
the land, such as homes, office buildings, and trees. Personal property refers to all other things, such
as automobiles, furniture, stocks, and bonds.
2. What is the difference between riparian rights and appropriation?
Answer: The right to the beneficial use of water is governed by one of two areas of water law
known as riparian rights and appropriation. Riparian rights provide that all owners of riparian lands
must share equally in the use of the water for domestic purposes. Appropriation provides that the
right to use water is given to the landowner who uses the water first.
3. What test does the court use to determine if an item is a fixture?
Answer: A court will look at three things: (a) the manner in which the item is attached to the real
property—the more permanent the attachment, the more likely a court will find the item is a fixture;
(b) the character of the item and its adaptation to real property—if it is clear that the item has been
specifically constructed or fitted with a view to its location and use in a particular building, then the
item is more likely to be a fixture; and (c) the intention of the parties—if it is clear from the
circumstances surrounding the attachment of the item to the building that the parties intended for it
to be a fixture and part of real property, then the item is likely to be a fixture.
4. What are the chief legal rights accorded to an owner of real property?
Answer: (a) possession of the property, (b) use of the property, (c) power of disposition
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Law 7e Daniel F.
Hinkel (Instructor's
Manual All Chapters,
100% Original
Verified, A+ Grade)
,CHAPTER 1
Introduction to the Law of Real Property
This chapter is an introduction to the law of real property. The concept of ownership of real property
and the legal characteristics of ownership are discussed. The chapter finishes with a discussion of
the methods of acquiring ownership to real property and a full explanation of the modern-day estates
in real property. The chapter is important because it introduces the student to several basic real
property concepts and key terms, which will be further defined and refined in the chapters that
follow.
CHAPTER OUTLINE
I. Real Property Law
A. Laws That Govern Real Property Transactions
B. Real Property versus Personal Property
1. Tangible Personal Property
2. Intangible Personal Property
C. Fixtures
Case: Ex Parte Brown
D. Physical Elements of Real Property
1. Airspace
2. Mineral Rights
3. Water Rights
E. Ownership of Real Property
II. History of American Real Property Law
A. Modern-Day Estates in Real Property
1. Fee Simple or Fee Simple Absolute
2. Fee Simple Determinable
3. Fee Simple on Condition Subsequent
4. Life Estate
5. Future Interests
6. Estate for Years
7. Estate at Will
. 1
,III. Methods of Acquiring Ownership to Real Property
A. Inheritance and Devise
B. Gift
C. Contract and Sale
D. Adverse Possession
IV. Transfer of Ownership (Conveyances)
V. Role of Paralegals in Real Estate Legal Practice
A. Research Materials for Real Property Law
VI. Ethics: Introduction
VII. Summary
VIII. Key Terms
IX. Review Questions
X. Case Problems
XI. Practical Assignments
TEACHING IDEAS
1. This chapter introduces the student to the basic concepts of real property law. The student is
also introduced for the first time to many new real estate and legal terms. Outlining and listing
the new terms and concepts on a whiteboard or with a PowerPoint presentation can be
beneficial in assisting the students in learning the new material.
2. This chapter contains an expanded discussion of personal property. You may want to use
classroom time to discuss the distinctions between real and personal property. The legal
distinction is for the most part historical and is based upon the type of action an owner could
take to recover property. This chapter also contains an expanded discussion of the history of the
real property estates. Some students may be interested in a brief discussion of the history of real
property law.
3. Fixtures, that are a hybrid between personal and real property law, can be a fascinating subject
for students. A review of the fixture judicial opinion in the chapter can provide a worthwhile
classroom exercise. You may want to supplement the discussion with an opinion from your
own state.
4. The topic of adverse possession usually proves interesting for students. Many of them have
heard of the concept of “squatter’s rights.” A discussion of adverse possession cases from your
own state can be informative.
5. It is helpful to illustrate the various estates for the students. This will give the student a clear
idea of how the property ownership can shift from one owner to another upon the happening of
. 2
, a contingency such as death in a life estate or breach of a condition in a conditional fee estate.
Names of characters in this chapter’s hypotheticals and in questions regarding the various
estates are alphabetical: Andy, Barbara, etc. This facilitates an easy discussion of the material in
the text by diagramming on the board A to B, etc.
6. Obtain a copy of your state’s inheritance statute and compare it with the sample inheritance
statute included in the chapter.
7. The chapter contains information concerning the utilization of paralegals in the real estate
practice. In addition, it would be helpful to have a practicing paralegal attend this class and
speak briefly with the students about the paralegal’s professional duties and work experiences.
8. The Web has become a very important source of information for real estate lawyers and
paralegals. Major websites for legal information are set forth in this chapter.
ANSWERS TO REVIEW QUESTIONS
1. What is real property, and how does it differ from personal property?
Answer: Real property relates to land and those things that are more or less permanently attached to
the land, such as homes, office buildings, and trees. Personal property refers to all other things, such
as automobiles, furniture, stocks, and bonds.
2. What is the difference between riparian rights and appropriation?
Answer: The right to the beneficial use of water is governed by one of two areas of water law
known as riparian rights and appropriation. Riparian rights provide that all owners of riparian lands
must share equally in the use of the water for domestic purposes. Appropriation provides that the
right to use water is given to the landowner who uses the water first.
3. What test does the court use to determine if an item is a fixture?
Answer: A court will look at three things: (a) the manner in which the item is attached to the real
property—the more permanent the attachment, the more likely a court will find the item is a fixture;
(b) the character of the item and its adaptation to real property—if it is clear that the item has been
specifically constructed or fitted with a view to its location and use in a particular building, then the
item is more likely to be a fixture; and (c) the intention of the parties—if it is clear from the
circumstances surrounding the attachment of the item to the building that the parties intended for it
to be a fixture and part of real property, then the item is likely to be a fixture.
4. What are the chief legal rights accorded to an owner of real property?
Answer: (a) possession of the property, (b) use of the property, (c) power of disposition
. 3
