2017 MBE Real Property Changes

Beginning February 2017, there will be changes to the MBE Real Property questions. The NCBE recently announced that the 2017 MBE Real Property “topics will be slightly reordered and revised,” and will include some “minor modifications”.

The new “slightly reordered and revised” topics will include:

1. Conflicts of law (I.D.4.);
2. Property owners’ associations and common interest ownership communities (II.A.6.);
3. Drafting, review, and negotiation of closing documents (V.B.3.); and
4. Persons authorized to execute real estate documents (V.B.4.).

The new “minor modifications” will include:

1. Providing specific examples of rules affecting future interests (I.A.2.e.);
2. Including security deposits in termination of tenancies (I.C.4.);
3. Providing more detailed zoning topics (II.D.1.–3.); and
4. Including as separate topics transfers of restrictive covenants (II.A.4.), and
5. Transfers of easements, profits, and licenses (II.B.4.); and
6. Acceleration of loans before foreclosure (IV.E.2.).

The MBE will “no longer include” the following Real Property topics:

1. Application of Article 9 of the Uniform Commercial Code to fixtures (previously included in II.C.), or
2. Abatement of devises (previously V.C.5.).

You can view the 2017 revised and modified MBE (and MEE) Real Property topics here.

Additional Note for the 2017 MBE:

The 2017 MBE also encompasses new scoring changes.


Sources:
1. NCBE Website
2. 2017 MBE/MEE Real Property Subject Matter Outline (PDF)

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3. MBE Civil Procedure Sample Questions
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