Friday, August 12, 2016

Revisions in Real Property for February 2017

It's still quite early to be gearing up for the February 2017 exam.  But there are some changes to keep in mind for those who intend on beginning their preparation soon. The changes that will take place for the first time in February are in the subject of Real Property and the NCBE has provided some guidance on its website:

Effective with the February 2017 administration, there will be changes to the Real Property scope of coverage for the MBE and the MEE. The Real Property topics will be slightly reordered and revised.
New topics will include conflicts of law ; property owners’ associations and common interest ownership communities ; drafting, review, and negotiation of closing documents ; and persons authorized to execute real estate documents.
Minor modifications will include providing specific examples of rules affecting future interests; including security deposits in termination of tenancies; providing more detailed zoning topics; and including as separate topics transfers of restrictive covenants, transfers of easements, profits, and licenses, and acceleration of loans before foreclosure.
Note that the following Real Property topics will no longer include (1) application of Article 9 of the Uniform Commercial Code to fixtures or (2) abatement of devises.
For the revised scope in this subject, see the most recent subject-matter outline @


  1. What does this mean for those of us who will not use a bar review for the next administration of the bar exam? What materials might cover these topics?

  2. It's tough to even know if the major bar review companies will update or will instead update the books for July. It may be a matter of taking the info provided by the NCBE, and trying to glean how they might test these topics. I'll be working with my students on fully understanding the concepts that might be tested in these new questions.