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The North Carolina State Bar Specialization

Real Property Law – Exam Review

Real Property Law Specialization Examination

• 6 – 9 hours long (two 3-hour sessions if certifying in residential or commercial, three 3-hour sessions if certifying in both residential and commercial)

• 9 a.m. to 12 p.m. and 2 p.m. to 5 p.m.

Morning Session – General Real Property Law

• includes 50 objective questions regarding core knowledge of real estate law and recent case and statutory legal developments – multiple choice, fill-in-the blank and/or true/false (Allow approximately 2.5 minutes per question)

• includes actual title abstract with recorded documents – focus on preparing a preliminary title report on NCBA form (Allow approximately 1 hour total)

Two-hour lunch break

Afternoon session – Residential Real Property Law

• 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

Afternoon session* – Commercial Real Property Law

• Review and comment on commercial real estate documents, such as purchase contract, lease, loan commitment, SNDA, REA and/or loan guaranty.

*For applicants taking both the residential and commercial sections, the residential section will be given during the afternoon, the commercial section will be given the following day.

All questions are allocated "points" and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved and correct application of those principles. Full or partial credit for answers may be given.

The Real Property Specialty Committee wants applicants to be aware of the exam’s objective: 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, 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 recent case law and statutory developments.

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;

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

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 residential, business, commercial, and industrial real property.

(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;

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