PROPERTY LAW
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The goal of this course is to introduce law students and practicing lawyers to the concepts of Anglo-American property law, concentrating primarily on real property—rights over land and things attached to land. The course will be taught primarily through Socratic discussion. Students should read the assigned material well in advance and be prepared to discuss the cases and concepts.
Throughout this course, we will be using the Socratic method. This means that your contribution to classroom discussion is an essential part of the learning process for all students. Regular attendance and active class participation are mandatory. In addition, students will submit short written responses, briefs, etc. with respect to the cases to be discussed and other course materials, which will be graded and constitute part of the students’ class participation grade.
There will not be a textbook. Rather, a reading list will be published the second week of September. Readings will consist of cases, articles, and some Internet Sources. The professor may give students additional cases to read from time to time as the subject warrants.
Students’ course grades will consist of a Final Exam (50%); a short Midterm Exam (20%); Four (4) Case Briefs, worth 5% each; and class participation (10%). Class attendance is required and if a student misses more than three class sessions without a substantiated medical excuse, the student will not receive credit for the course.
Tentative Schedule of Classes
|
General Topic |
Class 1 |
Discovery, Conquest, the Role of Equity, Rule of Capture, Basic Concepts in Property Law |
Class 2 |
Present Interests—Fee Simple and Life Estates, Conveyances and Recording |
Class 3 |
Defeasible Interest, Future Interests |
Class 4 |
Rule Against Perpetuities (RAP) and Other Doctrines Limiting Conditions on Grants |
Class 5 |
Concurrent Interests in Property, Adverse Possession, and Acquisition of Other Resources |
Class 6 |
Forms of Property Ownership, Rights and Limitations on Ownership |
Break Week |
Break Week |
Class 7 |
Trespass & Nuisance |
Class 8 |
Takings |
Class 9 |
Nonpossessory Interests—Easements, Covenants and Equitable Servitudes |
Class 10 |
Nonpossessory Interests—Homeowners’ Associations and Land Use Reforms |
Class 11 |
Landlord-Tenant Law |
Class 12 |
Review |
Exam |
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