Free Practice Questions for NC Real Property Specialist
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Key Facts: NC Real Property Specialist Exam
G.S. 47-18
Connor Act pure-race recording statute
North Carolina General Statutes
4 findings
Clerk findings to authorize power-of-sale foreclosure (G.S. 45-21.16)
North Carolina General Statutes
10 days
Upset-bid window after a foreclosure sale (G.S. 45-21.27)
North Carolina General Statutes
30 years
Marketable Title Act root of title (Chapter 47B)
North Carolina General Statutes
30 days / 15 days
Assessment-lien delinquency and pre-filing notice (G.S. 47F-3-116)
North Carolina General Statutes
100+
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The NC State Bar Certified Specialist in Real Property Law requires NC Bar membership in good standing (commonly 5+ years), substantial involvement in real property law, real property CLE, favorable peer review, and passing the Board's written specialty exam (roughly a 6-hour day; passing standard set by the Board, commonly about 70%). North Carolina certifies Residential and Business Real Property as subspecialties sharing a common core. The exam emphasizes that North Carolina is a pure-race recording state under the Connor Act (G.S. 47-18): the first to record prevails regardless of notice. Heavily tested areas include deeds and warranty covenants, the Marketable Title Act 30-year root (Ch. 47B), title-theory deeds of trust and power-of-sale foreclosure before the clerk (G.S. 45-21.16, 10-day de novo appeal, upset bids G.S. 45-21.27), anti-deficiency protections (G.S. 45-21.36 and 45-21.38), the Good Funds Settlement Act (Ch. 45A), Chapter 42 landlord-tenant (Tenant Security Deposit Act G.S. 42-50 to 42-52, warranty of habitability G.S. 42-42, no self-help eviction), and the Planned Community Act (Ch. 47F-3-116 assessment liens) and Condominium Act (Ch. 47C). Confirm current fees and format on nclawspecialists.gov.
Sample NC Real Property Specialist Practice Questions
Try these sample questions to review concepts for the NC Real Property Specialist exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.
1A grantor signs and delivers a North Carolina deed conveying Blackacre to Buyer A on Monday. The deed is never recorded. On Wednesday the same grantor signs and delivers a deed for the same parcel to Buyer B, who knows about the earlier sale to A. Buyer B records first. Under North Carolina law, who owns Blackacre?
2Under the North Carolina Connor Act, where must a deed conveying real property be registered to be valid against lien creditors and subsequent purchasers for value?
3A North Carolina seller conveys property by a deed that warrants only against defects in title arising during the seller's own period of ownership, not against defects predating the seller's ownership. What type of deed is this?
4A North Carolina commercial lease has a primary term of two years with two three-year renewal options, making the potential total term eleven years. To protect the tenant's leasehold against a subsequent purchaser of the property, what should the attorney do?
5In a typical North Carolina residential purchase financed by a lender, what instrument does the borrower sign to secure the loan with the real property, and who holds bare legal title under it?
6Before a North Carolina trustee may conduct a power-of-sale foreclosure under a deed of trust, the trustee must file a notice of hearing and obtain findings from which official?
7At a North Carolina power-of-sale foreclosure hearing under N.C.G.S. 45-21.16, which of the following is NOT one of the findings the clerk of superior court must make to authorize the sale?
8After the clerk authorizes a North Carolina power-of-sale foreclosure, a party who wishes to challenge the clerk's order must appeal within what period, and how is the appeal heard?
9Following a North Carolina foreclosure sale under a power of sale, a third party files a higher bid at the courthouse. North Carolina law permits an upset bid to be filed within how many days after the prior bid is reported, and what must accompany it?
10Under the North Carolina Good Funds Settlement Act, when may a settlement agent disburse closing proceeds from its trust account?
About the NC Real Property Specialist Exam
The North Carolina State Bar Certified Specialist examination in Real Property Law tests attorneys with substantial real property experience seeking the certified-specialist designation. North Carolina certifies Residential Real Property and Business Real Property as subspecialties that share a common core of North Carolina real property law. The written exam covers conveyancing and deeds, title examination under the Connor Act pure-race recording statute (G.S. 47-18), financing and power-of-sale foreclosure of deeds of trust (Chapter 45), the Good Funds Settlement Act (Chapter 45A) and closings, leases and land use under Chapter 42, and owners' associations, condominiums, and easements (Chapters 47F and 47C). Candidates must satisfy practice, CLE, peer-review, and examination requirements set by the Board.
Exam sponsor: North Carolina State Bar Board of Legal Specialization. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.
Assessment
Question count not published by the exam provider
Time Limit
Approximately 6 hours (one day)
Passing Score
Set by the Board (commonly approximately 70%)
Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.
Our practice resources: topics covered
We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.
NC Conveyancing & Deeds
Deed validity elements (competent grantor, identifiable grantee, words of conveyance, adequate description, delivery, acknowledgment for recording), deed types and warranty covenants (general vs special warranty, quitclaim; present covenants like seisin and against encumbrances vs future covenants like warranty and quiet enjoyment), estates in land (fee simple absolute and defeasible, life estates and waste, remainders), concurrent ownership (tenancy in common, joint tenancy with survivorship requiring express language under Chapter 41, tenancy by the entirety and creditor protection), mineral severance, equitable conversion, reformation, and the Statute of Frauds (G.S. 22-2)
Title Examination & the Connor Act
Connor Act pure-race recording (G.S. 47-18): registration in the register of deeds where the land lies is required to be valid against lien creditors and purchasers for value, and the first to record prevails regardless of notice. Chain-of-title searches, grantor-grantee indexes, constructive notice from recorded instruments, the Marketable Title Act 30-year root (Ch. 47B), lien priority (first in time, first in right), judgment liens on docketing, title insurance, acknowledgment requirements (G.S. 47-17), and curative practice for encroachments and uncanceled liens
Financing, Deeds of Trust & Foreclosure
Title-theory deed of trust with a neutral trustee holding bare legal title for the lender (beneficiary); power-of-sale foreclosure under Chapter 45, Article 2A; the clerk of superior court hearing under G.S. 45-21.16 with four findings (valid debt and holder, default, right to foreclose, proper notice); notice served at least 10 days before the hearing; 10-day de novo appeal to district or superior court; upset bids under G.S. 45-21.27 (10-day window, 5% or $750 minimum increase); anti-deficiency protections (G.S. 45-21.36 fair-value offset and 45-21.38 purchase-money bar); future advances (G.S. 45-67 et seq.); satisfactions and subordination; effect of the bankruptcy automatic stay
Good Funds Settlement Act & Closings
Chapter 45A prohibits disbursing settlement proceeds that are not collected funds; the agent may rely on qualifying deposits (cashier's, certified, teller's, and official bank checks, and checks on a North Carolina attorney's trust account). The Act applies to transactions involving a one-to-four-family residential dwelling or a residential lot. Violations create liability for actual damages, reasonable attorneys' fees, plus the greater of $1,000 or double 60-day interest. The North Carolina record-then-disburse practice protects pure-race priority and good-funds compliance; TRID provides the Loan Estimate and Closing Disclosure
Leases & Land Use
Chapter 42 residential landlord-tenant: the implied warranty of habitability (Residential Rental Agreements Act, G.S. 42-42); the Tenant Security Deposit Act (G.S. 42-50 to 42-52) with deposit caps (2 weeks week-to-week, 1.5 months month-to-month, 2 months for longer terms), trust-account or bond safekeeping, and 30/60-day accounting; summary ejectment grounds (nonpayment, breach of condition, holdover) heard by a magistrate; prohibition on self-help eviction; termination notice periods (G.S. 42-14); commercial leases (assignment consent, duty to mitigate); recorded restrictive covenants running with the land; zoning, rezoning as a legislative act, variances from the board of adjustment, and waterfront/public-trust boundaries
Owners' Associations & Easements
North Carolina Planned Community Act (Chapter 47F): assessment liens under G.S. 47F-3-116 (30-day delinquency, claim of lien filed with the clerk of superior court, 15-day pre-filing mailed statement, priority subject to prior-recorded liens and taxes, power-of-sale foreclosure except fine-only debts requiring judicial foreclosure), fines after notice and hearing, declarant rights and phasing, and declaration amendments. Condominium Act (Chapter 47C): creation by recorded declaration, undivided interests in common elements held as tenants in common, encroachment easements (G.S. 47C-2-114), and resale certificates. Easements: appurtenant vs in gross, easement by necessity, prescriptive easements (20 years), express grant under the Statute of Frauds and the Connor Act
Preparing for the NC Real Property Specialist Exam
What You Need to Know
- Passing score: Set by the Board (commonly approximately 70%)
- Assessment: Question count not published by the exam provider
- Time limit: Approximately 6 hours (one day)
- Exam / certification fees: Confirm on nclawspecialists.gov Official sources
Using Our Practice Resources
- Work through all 200 available questions
- Review every answer and explanation
- Track weak areas and revisit them
- Use our AI tutor for tough concepts
NC Real Property Specialist: Suggested Study Strategy
Frequently Asked Questions
What is the NC State Bar Certified Specialist in Real Property Law?
It is a credential issued by the North Carolina State Bar Board of Legal Specialization recognizing attorneys with substantial expertise in North Carolina real property law. North Carolina certifies Residential Real Property and Business Real Property as subspecialties that share a common core. Certified specialists may hold themselves out as board-certified specialists and must meet ongoing CLE and recertification requirements.
Why does the exam emphasize that North Carolina is a 'pure-race' recording state?
North Carolina's Connor Act, G.S. 47-18, makes it a pure-race jurisdiction: a conveyance is not valid against lien creditors or purchasers for value until it is registered in the register of deeds, and the first party to record prevails regardless of notice. Unlike notice or race-notice states, even actual knowledge of a prior unrecorded interest does not defeat a later purchaser who records first. This rule drives priority, title-examination, and closing practice throughout the exam.
How does a power-of-sale foreclosure work in North Carolina?
North Carolina is a title-theory, deed-of-trust state. A neutral trustee holds bare legal title for the lender. To foreclose under a power of sale, the trustee files a notice of hearing with the clerk of superior court (served at least 10 days before the hearing). Under G.S. 45-21.16(d), the clerk may authorize the sale only on finding a valid debt held by the foreclosing party, default, the right to foreclose, and proper notice. The clerk's order may be appealed within 10 days for a de novo hearing, and after the sale a third party may file an upset bid within 10 days under G.S. 45-21.27.
What does the Good Funds Settlement Act require at a North Carolina closing?
Chapter 45A prohibits a settlement agent from disbursing settlement proceeds unless those proceeds are collected funds, though the agent may rely on qualifying deposits such as cashier's checks, certified checks, official bank checks, and checks drawn on a North Carolina attorney's trust account. The Act applies to transactions involving a one-to-four-family residential dwelling or a residential lot. Violations create liability for actual damages plus reasonable attorneys' fees, plus the greater of $1,000 or double the interest payable on the loan for the first 60 days after closing.
How are security deposits handled under North Carolina's Tenant Security Deposit Act?
Under G.S. 42-50 to 42-52, a residential landlord must hold the deposit in a trust account with a licensed bank in North Carolina (or furnish a bond) and notify the tenant. The deposit is capped at two weeks' rent for week-to-week tenancies, one and one-half months' rent for month-to-month tenancies, and two months' rent for longer terms. The landlord must account for and refund the deposit within 30 days, with a final accounting within 60 days if the claim cannot be determined in 30 days.
How do planned-community assessment liens work under Chapter 47F?
Under G.S. 47F-3-116, an assessment unpaid for 30 days or longer may become a lien when the association files a claim of lien with the clerk of superior court. The association must mail a statement of the amount due at least 15 days before filing. The lien is prior to other liens except those recorded earlier (such as a first deed of trust) and liens for real estate taxes. The association may foreclose the lien like a deed of trust under power of sale, except that fine-only debts must be enforced by judicial foreclosure.