# SHEP Feedback — Kelly McKeown
**Subject:** Real Property (Joint Tenancy, Landlord-Tenant)
**Band:** 4/6 — Meets expectations
**Real Exam Score:** 1/7
**Submitted:** 2026-05-04 10:51 PM

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## Overall Feedback

Overall, you demonstrated a solid grasp of property law concepts, particularly regarding joint tenancies and the effects of leasing on those interests. You were successful in identifying the core legal issues and stating the relevant rules for most topics. Your analysis of the co-tenant accounting issue was particularly strong.

To improve your score, focus on the **application** and **conclusion** portions of your IRAC structure. In several instances, you stated the correct rule but failed to connect it to the specific facts provided in the prompt. Additionally, ensure your rule statements are precise — specifically regarding the distinction between sole possession and ouster. Moving forward, practice applying the law to the facts by asking yourself, *"How does this specific fact satisfy or fail to satisfy the rule I just stated?"*

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## Issue-by-Issue Feedback

### 1(a) — Landlord Remedies / Tenant Abandonment (Duty to Mitigate)

You correctly identified that a landlord has a duty to mitigate damages when a tenant abandons the premises. However, you failed to apply this rule to the facts of the prompt. To improve, ensure you explicitly discuss whether the landlord in the scenario took reasonable steps to find a replacement tenant and conclude whether they met their legal obligation based on those specific actions.

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### 1(b) — Co-Tenant Accounting (Third-Party Rent)

✓ **Excellent.** You did an excellent job on this issue. You correctly identified the legal issue, stated the appropriate rule regarding the sharing of profits from third-party rentals, applied the facts of the case, and reached a clear, well-supported conclusion.

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### 2 — Co-Tenant Ouster / Fair Rental Value

⚠️ **Core error.** Your rule statement for this issue was incorrect. Co-tenants are not entitled to fair rental value simply because one co-tenant is in sole possession; this right only arises if there has been an **ouster** (i.e., the exclusion of a co-tenant from possession). Because you missed the requirement of an ouster, you were unable to properly analyze the facts or reach a correct conclusion. Review the definition of ouster to ensure you can distinguish between mere sole possession and an actionable exclusion.

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### 3 — Severance of Joint Tenancy by Lease

✓ You handled this issue very well. You correctly identified that a lease does not sever a joint tenancy, applied this rule to the facts, and reached the correct conclusion that the joint tenancy remained intact.

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### 4 — Right of Survivorship / Will

You correctly stated the rule that a joint tenant's interest cannot be devised by will due to the right of survivorship. However, you did not apply this rule to the facts of the prompt. To improve, explicitly state that because the joint tenancy was not severed, the deceased tenant's interest passed to the surviving joint tenants by operation of law, thereby rendering the attempted devise in the will ineffective.

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## Notes (BAR-245)

- SHEP scored Band 4 ("Meets expectations"); real grader gave 1/7
- Likely calibration gap on the ouster issue — SHEP gave partial credit for wrong rule; bar grader likely did not
- SHEP flagged the ouster error but still landed at Band 4 — rubric may over-weight issue spotting relative to rule accuracy