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Sales ComparisonMEDIUM16.4% of exam

The subject is a single-family home with its own private driveway. Comparable 3 sold subject to a recorded easement that lets the neighboring owner use its driveway to reach a rear garage. Paired sales in the neighborhood show homes burdened by such shared-driveway easements sell for about $8,000 less than similar homes without them. Which adjustment applies to Comparable 3?

Correct Answer

C) An upward adjustment of $8,000 for property rights conveyed

The comparable's buyer received fewer rights than the subject owner holds, because the neighbor's easement limits the use of the driveway. When the rights conveyed differ, the comparable's price is adjusted for that difference, here upward by the measured $8,000 because the comparable is inferior. A downward adjustment runs the wrong way, and conditions of sale concern the parties' motives, not the rights transferred.

Answer Options
A
No adjustment, because the easement leaves the comparable a fee simple sale
B
A downward adjustment of $8,000 for property rights conveyed
C
An upward adjustment of $8,000 for property rights conveyed
D
An upward adjustment of $8,000 for conditions of sale

Why This Is the Correct Answer

Option C is correct because the comparable sold with a neighbor's right to use its driveway, a lesser bundle of rights than the subject has. The market shows such homes sell for about $8,000 less, so the comparable's price is raised by $8,000 under property rights conveyed to match the subject.

Why the Other Options Are Wrong

Option A: No adjustment, because the easement leaves the comparable a fee simple sale

Option A makes no adjustment on the ground that the sale was still a fee simple sale. The fee was conveyed subject to the neighbor's easement, which limits use and lowered the price by about $8,000, so the rights differ from the subject's.

Option B: A downward adjustment of $8,000 for property rights conveyed

Option B names the right element but subtracts $8,000. The comparable is the inferior property, burdened by the easement, so its price must be raised, not lowered, to reflect the subject.

Option D: An upward adjustment of $8,000 for conditions of sale

Option D places the $8,000 under conditions of sale. Conditions of sale address motivations and market exposure, such as duress or related parties; the easement is a limit on the rights transferred.

Less rights bought, price up

If the comparable's buyer got fewer rights than the subject owner has, the comparable is inferior, so its price is adjusted upward.

How to use: Use this when a comparable sold subject to an easement, covenant or deed restriction the subject lacks.

Exam Tip

Decide direction from the comparable's point of view: inferior comparable, plus adjustment; superior comparable, minus adjustment.

Common Mistakes to Avoid

  • -Adjusting in the wrong direction for an encumbrance
  • -Ignoring a private easement because the sale was fee simple
  • -Recording the encumbrance as a conditions-of-sale issue

Concept Deep Dive

Analysis

The question tests the property rights conveyed element when a private encumbrance burdens the comparable but not the subject. The candidate must decide the direction (the comparable is inferior, so adjust up) and the element (rights transferred, not buyer or seller motivation).

Background Knowledge

Property rights conveyed is the first transactional element. Easements, deed restrictions and similar private limits reduce the bundle of rights a buyer receives, while the subject may hold the full, unburdened bundle. The adjustment reflects the market's measured reaction to the difference.

Real-World Application

A title report for a comparable reveals a recorded access easement for the neighbor's garage. The appraiser finds paired sales on similar lots, measures the discount, and adjusts the comparable upward on the property rights line with an explanation.

property rights conveyedeasementencumbrancefee simpleadjustment direction
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