Monday, Tuesday and Thursday
1:40 - 2:55 pm
Office: Room A227C Advocacy Ctr. Office hours: F: 10:00 – 12:00 pm
This course is an introductory course in Property Law. The course will provide an overview on a variety of concepts in Property Law, and the laws, legal institutions and doctrines that have arisen to allocate property in modern society. Every time you learn a new legal rule in this course, I want you to think about how that rule serves to make property more valuable, or at least tries to make property more valuable. That won't always be the case, but understanding the rationale for legal rules is helpful for purposes of remembering, organizing, and applying them.
The required text for this course will be Dukeminier, Krier, Alexander & Schill, Property: Cases,
Questions and Commentary, 7th Ed. (Aspen, 2010). I will also post supplemental readings on the course Blackboard site.
Your grade for this class will be based 100% on your final examination, which will take place on
Monday, December 2, at 1:00 pm. You will be responsible for all of the course materials covered in the course, both written and what is discussed in class. The final exam will be closed-book, except that you will be permitted one 8.5 x 11 inch sheet of paper, written on both sides, that will contain all the notes that you may use on the exam. No other materials will be allowed in the examination room – no casebooks, no notes, no statutes. This will require you to undertake work up-front, but will help you to think about what is truly important about what you learned. I will provide all of the statutes and regulations that you will need to answer the questions on the exam. No cellphones will be permitted in the examination room.
The following is an outline of the topics I will cover in this course, along with assigned readings.
Page numbers refer to pages in the text, while (supp) means that the materials will be made available in class or on the course Blackboard site.
I. Briefing and Using a Case:
II. Why do we have property?
A. The Rule of Capture:
B. The Role of Property
C. Adverse Possession
Stambovsky v. Ackley
Pierson v. Post,
, 553-557; Briefing a Case (supp).
18-26; Problems & Notes, 36-39.
Demsetz, Toward a Theory of Property Rights, 39-55;
Hardin, Tragedy of the Commons (supp).
Intro, 116-122; Manillo v. Gorski , Howard v. Kunto, and
Notes & Questions, 131-149; Florida Sen. Bill 1142 (supp).
III. Estates & Future Interests
B. Fee Simple and
Florida Probate Code (supp). skim 185-191, read 191-198, Life Estates,
Baker v. Weedon, Woodrick v. Wood ,
White v. Brown, and Notes &
Questions following, including Note on Seisin, 202-222.
C. Defeasible Estates 222-225; Mahrenholz v. Bd. Of Trustees and Notes,
Questions, & Problem, and Mountain Brow Lodge No. 82,
Independent Order of Odd Fellows v. Toscano , 226-242;
D. Future Interests
273-275; Broadway National Bank v. Adams
Questions , 276-280. and Notes &
F. The Rule Against
285-289; Problems & Note, 289-292
; Symphony Space v. and Notes & Question , 292-305;
Reforms, 305-315; Florida Statutes § 689.225 (supp).
A. Intro 319-324; Riddle v. Harmon and Notes & Questions , 324-
329, Harms v. Sprague and Notes, Questions, & Problem,
B. Relations Among
Delfino v. Vealencis
, Spiller v. Mackereth
and Notes, Questions & and Notes & Questions, and
Swartzbaugh v. Sampson and Notes & Questions , 338-358.
C. Marital Property 359-361; Sawada v. Endo and Notes & Questions, 361-369.
V. Leasehold estates, Landlord-Tenant Law
A. Intro 421-423, Garner v. Gerrish and Question & Problems,
B. Subleases and
C. Tenant Duties,
Ernst v. Conditt and Notes & Problems, and Kendall v. Ernest Pestana and Problems, 442-459.
459; Berg v. Wiley and Notes & Questions, and
Sommer v. Kridel , and Notes & Questions, 460-481; 505-
D. Landlord Duties,
482; Reste Realty v. Cooper and Notes & Questions,
Problems and Note on Illegal Leases, and Hilder v. St.
Peter and Notes, Questions & Problem, 483-503.
E. Florida Statute Florida Statutes, Chapter 83, Landlord and Tenant, excerpts
VI. Real Estate Transactions
A. Intro Intro and Questions & Problems, 519-529; Statute of
Frauds, Hickey v. Green and Notes & Problems, Note on
Electronic Transactions, 541-547.
B. Disclosing Defects Stambovsky v. Ackley
Questions, 553-563. and Johnson v. Davis and Notes &
C. Deeds 585-590; Brown v. Lober and Questions, Frimberger v.
Anzelotti and Notes, Questions & Problems, 591-599.
D. Title 645-651; Luthi v. Evans and Notes & Questions, Orr v.
Byers and Notes & Problem, and Recording Acts and
Problems & Note, 651-670.
VI. Land Use
A. Nuisance Intro, Morgan v. High Penn Oil , Estancias Dallas v.
Schultz, Boomer v. Atlantic Cement and Notes and
Questions, Spur v. Del Webb and Notes and Questions following, 731-761; Restatement of Torts (2d), on
Nuisance (supp); Coase, The Problem of Social Cost
D. Common Interest
F. Eminent Domain and
Intro to Servitudes and Easements, 763-768; Willard v.
First Church of Christ, Scientist and Notes and Questions, and Note on Licenses, 768-774; Holbrook v. Taylor and
Notes and Questions, 774-779; Implied Easements, Othen v. Rosier and Notes, Questions & Problems, 785-794;
Granite Properties v. Mann (supp); Assignability of
Easements, Miller v. Lutheran Conference & Camp Assn. and Notes, Questions & Problem, 812-820; Presault v. U.S. and Notes & Problem, 831-842; Negative and Conservation
Intro, Tulk v. Moxhay, Sanborn v. McLean, and Neponsit
Property Owners’ Assn. v. Emigrant Industrial Savings
Bank and Notes & Questions following, 847-876;
Whitinsville Plaza v. Kotseas (supp); Termination of
Covenants, Western Land v. Truskolaski, 882-887; El Di v.
Bethany Beach and Blakely v Gorin (supp); Restatement
(3d) Property §7.10, Notes & Questions, 888-892.
Intro, 896-899; Nahrstedt v. Lakeside Village
Condominium Assn . and Notes and Questions and
Intro, 925-929; Village of Euclid v. Ambler Realty Co. and
Notes & Questions, 930-940; Authority to Zone, 941-945;
Nonconforming Uses, PA Northwestern Distributors v.
Zoning Hearing Board and Problems, Notes & Questions,
945-954; Variances and Special Exceptions, 954-966.
Intro, 1061-1065; Kelo v. City of New London and Notes and Questions, 1065-1080; Hadacheck v. Sebastian and
Notes and Questions following, 1096-1103; Penn Central
Transportation Co. v. New York, 1113-1131; Lucas v.
South Carolina Coastal Council and Notes and Questions following , 1131-1152; Nollan v. California Coastal
Commission, and Dolan v. Tigard, and Notes and
Questions following, 1170-1195.