Property
Fall 2013
Professor Marcilynn A. Burke

Coursepage Outline

General Class Information

Links to Useful Websites

Course Outline

Syllabus

Meeting Place TUII - 211
Meeting Times

Mondays and Tuesdays, 6:00 - 7:20 p.m.; Wednesdays, 7:30 - 8:50 p.m.

Office Hours

Mondays: 4:15 - 5:15 p.m.; Wednesdays: 4:15 - 6:00 p.m; or by appointment (e-mail me and my assistant to schedule)

EXAM Office Hours: Thurs., Dec. 5, 4-6 p.m.; Tues., Dec. 10, 6-8 p.m.; Wed., Dec. 11, 6-8 p.m.; Fri., Dec. 13, 6-8 p.m.; Mon., Dec. 16, 6-8 p.m. You may also contact me to try to schedule an appointment. I am also willing to meet talk with you by phone. Also, if you email a set of questions, please remember to prioritize them in case I'm not able to answer all of them.

Exam

December 17, 2013, 6:00 - 10:00 p.m

If you require special accomodations, please see Student Services.

Here is a sample exam. Here is a sample answer sheet for the multiple choice. Here are sample exam instructions. NOTE: These instructions are subject to change. Be sure to read the actual instructions when you receive you copy of the exam on exam day.

Required Text

Jesse Dukeminier & James E. Krier, Property (7th ed., Aspen Law & Business, 2010) [hereinafter "Casebook"]

Perspectives on Property Law (Robert C. Ellickson, et al. eds., 3d ed., Aspen Law & Business, 2002) [hereinafter "Perspectives"]

Linda H. Edwards, Estates in Land and Future Interests: A Step-by-Step Guide (4th ed. 2013) [hereinafter "Estates in Land"]

Grading Your final grade will be based upon the final exam and class participation. Class participation will be counted in accordance with the Law Center's policy. The class will be divided into 3 panels for class participation purposes. On the day that your panel is "on", you will potentially be called upon. Each panel will be on every 3d class.
Coverage Anticipate that the coverage will be approximately 15-25 pages per class. Assignments will be detailed below as the semester progresses.
Attendance Requirements In accordance with the Law Center's requirement, you must attend at least 80% of the classes. Attendance will bet taken via a roll sheet passed around at the beginning of class. It is your responsibility to be on time and sign the roll sheet when it comes by your seat. Please see the General Class Requirements for additional information regarding absences.
General Class Requirements Please see the linked document for General Class Requirements regarding attendance, participation, use of computers, exam policies, grading, and other important items.
Academic Enrichment Assistant

 

Links to Useful Documents

General Class Requirements

Panels/Call List

Links to Useful Web sites

City of Houston Planning and Development Department

Houston Code of Ordinances

Municipal Codes On-line

Texas Commission on Environmental Quality (TCEQ)

Texas General Land Office (GLO)

Texas Historical Commission (THC)

Texas State Statutes

Announcements


Course Outline

I.

INTRODUCTION

Property: What is it, how can I get some, and why do I care?

II.

TRANSFERS OF LAND

The American Dream According to Fannie Mae

III.

ESTATES AND FUTURE INTERESTS

My house is an estate? And who can (or can't) inherit it?

IV.

THE "ESTATE FOR YEARS": LANDLORD-TENANT

What every law student should have known before getting his/her apartment.

V.

LAND USE CONTROLS/NON-POSSESSORY ESTATES

When someone else can tell you what you can do with your property.

VI.

EMINENT DOMAIN AND TAKINGS

This land is my land or is this land your land?

Syllabus

Date (2013) Topic and Slides Assignment
Aug. 26

ACQUISITION BY DISCOVERY/CONQUEST

Discovery & Capture

Required:
Casebook: 3-18

Optional:
Ohio History Central: Piankashaw Indians web site

Washington Post article on Dept. of Interior's Mishandling of Trust Fund for Native Americans

Article on 2007 Settlement Regarding Trust Fund


Aug. 27

ACQUISITION BY CAPTURE

Discovery & Capture

Required:
Casebook: 18-29

Optional:
Washington Post article on Fox at Supreme Cour

Aug. 28

Acquisition by Capture Cont'd

Capture

Required:
Casebook:. 30-39; Perspectives:  180-88 (Rose).

Sept. 2

No Class

Labor Day Banner

Labor Day Beach SceneThe History of Labor Day from the U.S. Department of Labor
Sept. 3

Aquisition by Capture Cont'd: A Theory of Property Rights and THE COMMONS

Demsetz and Hardin

Required:
Casebook: 39-50, 195-96 (inheritance terms) ; Perspectives: 119-29 (Hardin); Estates in Land: 1-6

Sept. 4

The Commons Cont'd and Property as Personhood

Personhood

Required:
Perspectives: 129-35; 1-19 (Acheson, Goffman, Radin)
Sept. 9

The Problem of Social Cost: The Coase Theorem & Its Limitations

Coase

Required:
Perspectives: 200-21 (Coase and Ellickson)

Optional:
Ronald H. Coase, The Problem of Social Cost, 3 J.L. & Econ. 1 (1960) (the entire article - 23 pages)

John Cassidy, Ronald Coase and the Misue of Economics, The New Yorker, Sept. 3, 2013 (written upon the death of Coase)

Sept. 10

ACQUSITION BY CREATION

Creation

Required:
Casebook: 56-65, Virtual Works, Inc. v. Volkswagen of America, Inc., 238 F.3d 264 (4th Cir. 2001)

Optional:
Trademark Infringement in Domain Names

Sept. 11

Acquisition by Creation Cont'd (and Personhood)

Creation Cont'd

Required:
Casebook: 65-70

Perspectives: 336-43 (Radin, Inalienability)

Sept. 16

Acquisition by Creation Cont'd

Acquisition by Creation

Required:
Casebook: 70-88

Perspectives: 159-69 (Heller & Eisenberg)

Optional:
Michael A. Heller, The Boundaries of Private Property, 108 Yale L.J. 1163, 1167 (1999)

Sept. 17

ACQUISITION BY ADVERSE POSSESSION

Adverse Possession

Required:
Casebook: 116-31

Perspectives: 190-99 (Merrill)

Sept. 18

Acqusition by Adverse Possession Cont'd

AP Cont'd & The Land Transaction

Required:
Casebook: 134-50

Sept. 23

THE LAND TRANSACTION: Introduction to Buying and Selling Real Estate, Duty to Disclose Defects

Land Transaction

Required:
Casebook: 519-20

Texas Residential Contract of Sale

Casebook: 541-42, 547-57

Sept. 24

Revised
Sept. 24

The Land Transaction Cont'd: Duty to Disclose Defects Cont'd and Implied Warranty of Quality

Defects

Required:
Casebook: 557-73 (skip note on Merger on 563-64), 583-84 (notes 3, 4, & 5 only)

Sept. 25

Revised
Sept. 24

The Land Transaction Cont'd: The Deed

Deed

Required:
General Warranty Deed

Special Warranty Deed

Quitclaim Deed

Casebook: 585-93, 605-15

 

Sept. 30

The Land Transaction Cont'd: Financing Real Estate Transactions

Mortages

Required:
Casebook: Revisit 149 Problems 2 & 3, 616-27, 630-36,
Oct. 1

The Land Transaction Cont'd: Financing Real Estate Transactions Cont'd & TITLE ASSURANCE: The Recording System

Recording System

Required:
Casebook: 639-43, 651-58, 661-67
Oct. 2

Title Assurance Cont'd: The Recording System Cont'd

Recording Acts

Required:
Casebook: 667-80
Oct. 7

Title Assurance Cont'd: The Recording System Cont'd

Recording Acts

Required:
Casebook: 667-80 (revisited)
Oct. 8

Title Assurance Cont'd: The Recording System Cont'd

Recording System

Required:
Casebook: 680-88
Oct. 9

Title Assurance Cont'd: The Recording System Cont'd;

Recording System Cont'd

Required:
Casebook: 689-93 (through paragraph on "Inquiry Notice"), 697-702

Perspectives: 304-19

 

Oct. 14

 

POSSESSORY ESTATES

Possessory Estates

Required:
Estates: 7-19

Casebook: 202-09, 210-217 (through note 3)

Optional:

Review Casebook: 195-96 (inheritance terms)

Oct. 15

*Double Session of Property*

Possessory Estates Cont'd: The Life Estate Cont'd and Defeasible Estates

Defeasible Estates

Required:
Casebook: 217-222

Estates: 21-36

Casebook: 222-31

Oct. 16

No Property

Double Session of Procedure
Oct. 21

Possessory Estates Cont'd: Defeasible Estates Cont'd and FUTURE INTERESTS

Future Estates

Required:
Casebook: 231-34, 243-50

Estates: 39-59

Optional:
Casebook: 234-36 (modern example of Mahrenholz problem)

Oct. 22

Future Interests Cont'd

Future Estates Cont'd

Required:
Estates: 59-83

Oct. 23

Future Interests Cont'd and INTRODUCTION TO THE RULE AGAINST PERPETUITIES

Rule Against Perpetuities

Required:
Estates: 85-96, 135-48

Oct. 28 RAP Cont'd

Required:
Estates: 149-64

Casebook: 289-90 (complete the problems; write out your answers), 292-305

Oct. 29 REMIX Continuation of Oct. 28
Oct. 30

COMMON LAW CONCURRENT INTERESTS

Concurrent Interests

Required:
Casebook: 319-47

Nov. 4

Concurrent Interests Cont'd & LANDLORD-TENANT LAW

Concurrent Interests Cont'd & LT

Required:
Casebook: 347-58, 421-26

Estates: 97-102

Nov. 5

Landlord-Tenant Cont'd

Revised 11/05/13 at 5:32 pm (problems on assignment and sublease moved to tomorrow)

Landlord-Tenant Cont'd

Required:
Casebook: 427-42

Estates: 103-07

Nov. 6

Landlord-Tenant Cont'd

Landlord-Tenant Cont'd

Required:
Casebook: 447-57, 459-69
Nov. 11

Landlord-Tenant Cont'd

Landlord-Tenant Cont'd

Required:
Casebook: 469-92 (skip note on The Illegal Lease on p. 492)
Nov. 12

Landlord-Tenant Cont'd & JUDICIAL LAND USE CONTROLS: Nuisance

Landlord-Tenant Cont'd & Nuisance

Required:
Casebook: 493-503, 731-42 (skip Note 2 on 735-36)
Nov. 13

Nuisance Con'td & PRIVATE LAND USE CONTROLS: Easements

Nuisance Cont'd

Required:
Casebook: 743-768
Nov. 18

Easements Cont'd

Easements Cont'd

Required:
Casebook: 768-86
Nov. 19

Easements Cont'd

Easements Cont'd

Required:
Casebook: 786-92, 800-09, 812-20
Nov. 20

Easements Cont'd

Easement Cont'd

Required:
Casebook: 820-25, 831-47
Nov. 25

COVENANTS

Covenants

Required:
Casebook: 847-59, 864-71, 876-79, 880-81 (Notes 4 and 5 only)
Nov. 26

Covenants Con'td & EMINENT DOMAIN AND TAKINGS

Covenants Cont'd & Eminent Domain

Required:
Casebook: 882-88 (through the Restatement), 895 (just the Restatement), 900-10, 1065-72

Nov. 27

 

Turkey Thanksgiving Holiday Break Horn of Plenty
Dec. 2 Takings Cont'd Required:
Casebook: 1113-28, 1131-1148
Dec. 3 No class today. This Tuesday is reserved for makeup classes.
Dec. 4
Review Session

Students to come prepared with questions or to e-mail them ahead of time to be answered during the session.