Skip to main content

Real Property Law Exam Guide

Real Property Law Exam Structure

  • Six hours long (four 90-minute modules) for one sub-specialty (commercial or residential).
  • Additional three hours (two 90-minute modules) if certifying in both residential and commercial.
  • Scheduling varies for optional second subspecialty, contact the Specialization Department for details: dmullen@ncbar.gov.
  • Exam Sessions will begin around 8 AM and finish prior to 5 PM.

General Real Property Law

Morning Module 1

  • Includes 50 multiple choice questions worth 2 points each. Objective questions regarding core knowledge of real estate law and recent case and statutory legal developments.

Morning Module 2

  • Includes actual title abstract with recorded documents – focus on review and analysis of title documents and preparing a preliminary title report on NCBA form.
  • Includes 20 short answer questions worth 5, 10 or 12 points each.
  • Please note point values and allocate your time accordingly.

60-minute lunch break

Residential Real Property Law

Afternoon Module 3

  • Includes 11 multiple choice question worth 5 points each followed by 9 short answer questions worth 7, 8, or 9 points each. A total of 124 points are available in Module 3. Please note point values of questions and allocate your time accordingly.
  • The multiple-choice questions are objective questions regarding residential real property law.
  • The 9 short answer questions are allocated “points” and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principles of law involved, and correct application of those principles. Full or partial credit for answers may be given. Review and comment on residential real estate documents, such as purchase contract, deed of trust, listing agreement, lease, access easement, and/or neighborhood restrictive covenants.

Afternoon Module 4

  • Includes 11 multiple choice question worth 5 points each followed by 9 short answer questions worth 7, 8, or 9 points each. A total of 126 points are available in Module 4. Please note point values of questions and allocate your time accordingly.
  • The multiple-choice questions are objective questions regarding residential real property law.
  • The 9 short answer questions are allocated “points” and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principles of law involved, and correct application of those principles. Full or partial credit for answers may be given. Review and comment on residential real estate documents, such as purchase contract, deed of trust, listing agreement, lease, access easement, and/or neighborhood restrictive covenants.

OR

Commercial Real Property Law

Afternoon Module 3

  • Review and comment on commercial real estate documents, which may include purchase contract, lease, loan commitment, SNDA, Deed of Trust, Declaration of Restrictive Covenants and/or loan guaranty.
  • Includes 1 essay question worth 50 points, 1 worth 25 points, and 5 shorter essay questions worth 10 points each for a total of 125 points.
  • Please note point values and allocate your time accordingly.
  • All questions are allocated “points” and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principles of law involved, and correct application of those principles. Full or partial credit for answers may be given.

Afternoon Module 4

  • Review and comment on commercial real estate documents, which may include purchase contract, lease, loan commitment, SNDA, Deed of Trust, Declaration of Restrictive Covenants and/or loan guaranty.
  • Includes 7 short essay question worth 10, 15, 20, or 30 points each for a total of 125 points.
  • Please note point values and allocate your time accordingly.
  • All questions are allocated “points” and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principles of law involved, and correct application of those principles. Full or partial credit for answers may be given.

In order to become a Residential or Commercial (or both) specialist, the applicant must pass BOTH the title abstract and the multiple-choice sections of the General Real Property Law morning exam. IN ADDITION TO passing the Residential and/or Commercial examination section(s) in order to be certified in that area.

The Real Property Specialty Committee wants applicants to be aware of the exam’s objectives:

  • To identify whether an applicant knows and can effectively apply important NC real estate law concepts; and
  • To determine that an applicant has successfully incorporated subject matter knowledge into the applicant’s practice.

Therefore, to the extent the applicant’s regular practice in the particular area involves the types of analysis above, the exam should require no additional preparation beyond the practice requirements and the CLE requirements for applicants for certification, other than to refresh the applicant’s knowledge of statutory developments. The below recommended resources may help to prepare for the exam. These resources may also help with review and updating skills in related areas, such as purchase contracts or financing documents.

  • NC Legislation affecting real property law for current and past 3 years.
  • NC Bar Association Real Property Section continuing legal education presentations for current and past 3 years, especially the bi-annual fall alternating advanced and fundamentals courses, the bi-annual February alternating commercial and “hot topics” courses and the Real Property Section Annual Meeting.
  • North Carolina Real Estate with Forms, published by Thomson Reuters
  • Webster’s Real Estate Law in North Carolina, published by Michie

The North Carolina State Bar Handbook defines the subject matter in Real Property Law in the following way:

Real Property Law-Residential Transactions – The practice of law dealing with the acquisition, ownership, leasing, financing, use, transfer and disposition, of residential real property by individuals;

(A)   title examinations, property transfers, financing, leases, and determination of property rights;

(B)   the acquisition, ownership, leasing, financing, use, transfer, and disposition of residential real property by individuals;

Real Property Law-Business, Commercial, and Industrial Transactions – The practice of law dealing with the acquisition, ownership, leasing, management, financing, development, use, transfer, and disposition of business, commercial, and industrial real property.

(A)   title examinations, property transfers, financing, leases, and determination of property rights;

(B)   the acquisition, ownership, leasing, management, financing, development, use transfer, and disposition of residential, business, commercial, and industrial real property.

Subject Matter

The examination may cover the applicant’s knowledge and application of the law in the following topics regularly encountered in representation of clients, examination of titles and drafting of documents, as they relate to North Carolina real property law, among others:

  • Completion and/or analysis of applicable forms, including title opinions, deeds, leases, deeds of trust, mechanics’ lien affidavits.
  • Ownership interest, including concurrent and future interests.
  • Will, trust, intestate, guardianship (minors and incompetents), powers of attorney and fiduciary law.
  • Law of business organization.
  • Family law.
  • Condominium, planned community, restrictions, plats and owners’ associations.
  • Foreclosures, partitions and other special proceedings.
  • RESPA.
  • Trust Accounting.
  • Ethics.