Sunday, August 28, 2016

Conflicts of Law: Real Property

Changes are coming to the MBE in February of 2017.  One such change is stated by the NCBE in its MBE subject-matter outline as "conflicts of law related to disputes involving real property."  This is rather vague and perhaps as we get closer to the exam we'll know more about the specifics that need to be known for these questions but there are a few points that I'd think should be known even as we wait to learn more.

The general rule governing conflicts of law in the subject of real property is that such property is subject to the laws of the place where the property is situated (sometimes called the "law of the situs").  The law of the place where the property is situated governs the disposition of real property and this will be true whether the disposition is by descent, deed, or any other method.

In addition, contracts related to real property are often governed by the law of the place where the property is situated. It's important to note, though, that if the real property is merely incidental to the contract and if the contract is of a personal nature, then the traditional conflicts of law rules regarding contracts will apply rather than the specific rules regarding real property.

More or on this change as well as the other changes to the content of the test in the months to come......


  1. Sean,

    It also appears that the NCBEX is changing the number of questions that are scored. It
    Is now showing 175 scored questions and 25 unscored pretest questions. I found that interesting.