Practical Real Estate
Law 8e 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 real property ownership
and the legal characteristics of ownership are discussed. The chapter finishes with a discussion of the
methods for 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. History of American Real Property Law
C. Real Property versus Personal Property
1. Tangible Personal Property
2. Intangible Personal Property
D. Fixtures
Case: Ex Parte Brown
E. Physical Elements of Real Property
1. Airspace
2. Mineral Rights
3. Water Rights
F. Ownership of Real Property
II . Modern-Day Estates in Real Property
A. Fee Simple or Fee Simple Absolute
B. Fee Simple Determinable
C. Fee Simple on Condition Subsequent
D. Life Estate
E. Future Interests
F. Estate for Years
G. Estate at Will
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
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
,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 ma y 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 real
property estates. Some students may be interested in a brief discussion of the history of real
property law.
3. As a hybrid between personal and real property law, fixtures 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 students a clear idea
of how property ownership can shift from one owner to another upon the happening of 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 chapter introduces students to the many types of research resources for real property law.
You might want to show the students copies of some of your state's treatises and practice
material for real property lawyers.
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.
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
, 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 the 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
5. How does a fee simple determinable differ from a fee simple on condition subsequent?
Answer: A fee simple determinable is an ownership in real property limited to expire automatically
on the happening or nonhappening of an event stated in the deed or the will creating the estate. The
termination is automatic. Fee simple on condition is ownership that is also subject to an express
condition, the breach of which shall subject the ownership to termination. The termination is not
automatic, but it does require a judicial action to exercise the power of termination.
6. What is the concept of waste, and how is it applicable to a life estate?
Answer: Waste is the failure to exercise ordinary care and prudence for the preservation or
protection of a property, which results in permanent injury to the value of the property. The
importance of waste in a life estate is that if the life estate owner commits waste, the life estate will
terminate, even though the person who is the measuring life is still alive.
7. Name the various ways a person can become an owner of real property.
Answer: (a) inheritance, (b) devise, (c) gift, (d) contract and sale, (e) adverse possession
8. What is the difference between inheritance and receiving property by devise?
Answer: A person inherits property when the previous property owner dies without a will and the
person is the closest in kinship to the deceased. A person receives property by devise when the
previous property owner dies and has a will that provides that the person is to receive the property at
the death of the previous owner.
9. What are the elements of adverse possession?
Answer: Rules on adverse possession vary from state to state. Typically, the possessor must possess
the property for a period of time ranging from 7 to 20 years. Possession must be adverse, which
means without the consent or permission of the true owner. The possession must be public,
continuous, peaceful, exclusive, and uninterrupted.
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Law 8e 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 real property ownership
and the legal characteristics of ownership are discussed. The chapter finishes with a discussion of the
methods for 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. History of American Real Property Law
C. Real Property versus Personal Property
1. Tangible Personal Property
2. Intangible Personal Property
D. Fixtures
Case: Ex Parte Brown
E. Physical Elements of Real Property
1. Airspace
2. Mineral Rights
3. Water Rights
F. Ownership of Real Property
II . Modern-Day Estates in Real Property
A. Fee Simple or Fee Simple Absolute
B. Fee Simple Determinable
C. Fee Simple on Condition Subsequent
D. Life Estate
E. Future Interests
F. Estate for Years
G. Estate at Will
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
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
,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 ma y 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 real
property estates. Some students may be interested in a brief discussion of the history of real
property law.
3. As a hybrid between personal and real property law, fixtures 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 students a clear idea
of how property ownership can shift from one owner to another upon the happening of 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 chapter introduces students to the many types of research resources for real property law.
You might want to show the students copies of some of your state's treatises and practice
material for real property lawyers.
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.
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
, 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 the 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
5. How does a fee simple determinable differ from a fee simple on condition subsequent?
Answer: A fee simple determinable is an ownership in real property limited to expire automatically
on the happening or nonhappening of an event stated in the deed or the will creating the estate. The
termination is automatic. Fee simple on condition is ownership that is also subject to an express
condition, the breach of which shall subject the ownership to termination. The termination is not
automatic, but it does require a judicial action to exercise the power of termination.
6. What is the concept of waste, and how is it applicable to a life estate?
Answer: Waste is the failure to exercise ordinary care and prudence for the preservation or
protection of a property, which results in permanent injury to the value of the property. The
importance of waste in a life estate is that if the life estate owner commits waste, the life estate will
terminate, even though the person who is the measuring life is still alive.
7. Name the various ways a person can become an owner of real property.
Answer: (a) inheritance, (b) devise, (c) gift, (d) contract and sale, (e) adverse possession
8. What is the difference between inheritance and receiving property by devise?
Answer: A person inherits property when the previous property owner dies without a will and the
person is the closest in kinship to the deceased. A person receives property by devise when the
previous property owner dies and has a will that provides that the person is to receive the property at
the death of the previous owner.
9. What are the elements of adverse possession?
Answer: Rules on adverse possession vary from state to state. Typically, the possessor must possess
the property for a period of time ranging from 7 to 20 years. Possession must be adverse, which
means without the consent or permission of the true owner. The possession must be public,
continuous, peaceful, exclusive, and uninterrupted.
© 2021 Cengage Learning, Inc. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
