Greg R. Vetter
This course covers the doctrine, underpinnings, and policy of property law.
Please read carefully the Generally Applicable Syllabus Information. This document sets forth course policy for attendance, preparation and participation, use of computers, examination and grading, and other items. A complete understanding of this document is necessary to take full meaning from the Class Schedule and Other Information set forth immediately below.
Name: | Property |
Course # / Section #: | 5408 / 11869 |
Place: | TUII 240 |
Time: | Monday, Wednesday, and Thursday, 10:30 a.m. to 11:45
a.m. (75 minutes per class) |
UHLC Listing: | http://www.law.uh.edu/schedule/class_information.asp?cid=14417 |
Required Text: | Open Source Property - A Free Casebook [hereinafter "Casebook"] (www.opensourceproperty.org) |
Required Supplements: | Certain documents may be assigned from time to time from sources other than the Casebook. These documents will be provided via links in the class assignment table below or in a separate page of class links. Paper copies of these documents will typically not be provided in class, so students should plan to print them or review them electronically. |
Other Resources Estates and Future Interests: | In past years when teaching property I have used the book given below for the Estates and Future Interests part of the course. For Spring 2017 property we will learn the material from the casebook's treatment, but anyone having difficulty with (the notoriously difficult) area of Estates and Future Interests should consider acquiring this book. Linda H. Edwards, Estates in Land and Future Interests (4th ed., Aspen Law & Business, 2013) |
Other Resources for Estates and Future Interests: | I am not strongly familiar with this site, but it was recommended to me, and a cursory review indicates that it might be helpful to some students: www.propertylessons.com |
Other Resources: | www.cali.org https://www.cali.org/category/1l-first-year-lesson-topics/property-law |
Prerequisites | None. |
Grading: | The course grade will be primarily based on an open-materials
final exam. "Primarily" means that at least 95% of the course grade will be based on the final exam. Probably 100% of the course grade will be based on the final exam, but I want to have given notice of the possibility of a small percentage of the grade coming from other sources, most likely one or more small exercises. I also give notice that, alternatively, if I assign such exercises I may do so in an ungraded manner, but requiring their completion. Notwithstanding the above, my assessment of your in-class participation performance will not be a component of your grade. |
Brief Description of Coverage: | This class will meet in three sessions each week. The coverage goal is approximately twenty to twenty-five pages per session on average. Assignments will be detailed in the table below as the semester progresses. |
{reserved} | {reserved} |
Absences Limit: | Assuming three class meetings a week, eight or less absences constitutes
attendance meeting the eighty percent requirement. More than eight absences
means that the eighty percent requirement is not met. Attendance will be taken via a roll sheet passed throughout the class each session. |
"Pick your seat" seating chart date: | The second class session during the first week of class: - Thursday, January 19, 2017. |
Remote Presence: | Students will have eight times during the semester where they can attend class remotely via the Zoom internet video conferencing software. I will mark you as "Remote" on the roll sheet for these days. Remote days do not count as an absence. To do this, there are several requirements: (i) your computer must have a working video camera and quality audio capability, joining by audio-only will be treated as an absence (you may need an external mic or headset for sufficient audio quality); (ii) you must identify yourself with your class roll name in the Zoom videoconferencing software; (iii) you must present your face and upper body area professionally in the video stream; (iv) you must be able to fulfill your responsibilities if called on to discuss a case or course materials; and (v) you must manage the mute "button" when remote to keep a professional demeanor. Lawyers increasingly work through internet video conferencing. No student is required to use this capability, but one reason to offer it is that it affords a chance to experience it before using it in a real job setting. The other reason I offer this is that it reduces absence-taking for reasons related to illness, life events, or travel difficulty in Houston. Finally, when remote, hearing students speak in the class room may not be optimal. |
Remote Presence Zoom Link: | https://uhlc.zoom.us/j/951813953 |
Final Exam Date/Time: | Tuesday, May 8, 2017; 9:00 a.m. to 1:00 p.m. (4 hours) |
Final Exam Information: | click here
for the Final Exam page. |
First day/week's assignment: | Read this course web page, the linked Generally Applicable Syllabus Information, the Final Exam page, and the assignments for the first day/week of class detailed in the table below. |
{reserved} | {reserved} |
Recording of Class Sessions | I will audio tape the class sessions using a portable recorder and post links to the audio tracks on the class web site for the sole and limited educational purpose of allowing students to stream the recorded sessions to review or to enable students who missed a class to hear the class presentation. Any audio tracks created will be deleted and destroyed after the final exam for the class. Since I call on students, there is a chance that your contributions to class discussion, whether voluntary or while on call, may be included in the audio recording. Your continued registration in this class indicates your acquiescence to any such incidental recording for the purposes described above. Additionally, if the course is in a room that allows the Law Center to video record the class sessions using its Mediasite technology, that capability will be turned on. |
Mediasite video recording of classes: | http://uh.mediasite.com/mediasite/Catalog/catalogs/law-property-vetter (requires cougarnet login) (unfortunately, the first class session, 1/18/2017, was not recorded by MediaSite; use the audio recording link below for that day) |
Days When the Class Will Not Meet | Mon., Jan. 16, 2017 (MLK Holiday) |
Class Teaching Assistant | Tera J. Stone |
Review Session | The review session will be held during a regular class time slot: 4/26/2017, at 10:30 a.m. in the regular classroom. The review session is during the regular class session time; but, regardless, attendance will not be taken. It will be recorded in the various ways regular class sessions are recorded. Questions received by email before 5 p.m. on the day before the session will be addressed first during the review session. Thereafter, the review session will go on as long as there are questions, through lunch, but ending before 12:50 p.m. One email question per student, please. |
These are posted on my home page at:
The links below are for reference and may be used for some class assignments.
The table immediately below provides the detailed assignments for this course. It may also provide links to materials for each class and other items related to the course. In order to allow flexibility in the course, assignments beyond those posted for the next week are subject to change; therefore, students who wish to read ahead are urged to contact the professor before doing so. The rate of progress through the modules depends on the class dynamics.
Class presentation slides are provided as links below in association with each module title. I will generally have the slides available before the class period in which they are used. If students want hardcopy of the slides for use during class, please download and print the linked slides file.
After each class session, the class date will have an active hyperlink to the Quickstream audio for that class.
The Casebook makes some use of "problems" - which sometimes are fact patterns adopted from actual cases. The problems' purpose is to illustrate twists in doctrine and provide additional context. When a problem is included in the assigned reading, there is no reason to write out an answer to the problem. Rather, it is sufficient to think about the problem and if desired make a few notes. Problems in the assigned reading may be the focus of class discussion, but will not always be touched upon in class.
Case names are listed in the table below as assignments. Sometimes there are several paragraphs of introduction before the case when the case is the lead case in a new subheading in the book. These introductory paragraphs are part of the assignment and should be read along with the case. Notes after the case are also part of the assignment and should be read unless indicated otherwise or those pages are not assigned.
The call group assignment list will be posted here for downloading as a .pdf file, with a password required to open the file. That password will be given out in class.
In the table each Casebook assignment is given a page range to go with the assignment title. Unless the "Comment/Note" column indicates otherwise, read the entire assignment, encompassed on the indicated pages, including any notes or associated problems.
The current document for "white board items" and policy perspectives is here.
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Class Introduction (read this web page and its linked documents relating to administration of the course) |
n/a |
include the Final Exam web page in your reading for the first day of the course |
All |
||
Ownership - Blackstone |
2-3 |
All |
|||
Right to Exclude - Jacque v. Steenberg
(Wisc 1997) |
3-8 |
R |
|||
Marsh v. Alabama
(1946) |
8-14 |
R |
|||
State v. Shack
(NJ 1971) |
14-19 |
R |
|||
Other right to exclude materials |
19-21 |
L |
|||
Other rights of ownership |
21-22 |
||||
Eyerman v. Mercantile Trust Co. (Mo. Ct. App. 1975) |
23-29 |
||||
Hohfeld |
30-37 |
||||
Merrill & Smith |
37-40 |
||||
Smith |
40-46 |
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Cohen |
47-51 |
L |
|||
Hinman v. Pacific Air Transport (9th Cir. 1936) |
51-56 |
||||
Property in Persons and Related Issues - The Amistad (1841) |
56-63 |
L |
|||
Additional Topics in Property in Persons |
63-66 |
||||
Radin, Market Inalienability |
66-67 |
||||
Intangible Property - Kremen v. Cohen (9th 2003) |
67-79 |
||||
Intellectual Property |
92-95 |
R |
|||
Copyright - Three Boys Music
Corp. v. Bolton, 212 F.3d 477 (9th Cir. 2000) |
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Initial Allocation of Chattels - Pierson v. Post (N.Y. Sup. Ct. 1805) |
96-105 |
R |
|||
Ghen v. Rich (D. Mass. 1881) |
106-112 |
||||
Notes 1, 2, 3, 6 |
120-125 |
||||
Initial Allocation of Land - Blackstone and note afterwards |
125-126 |
||||
Hobbs |
126-127 |
||||
Blackstone |
127 |
||||
Locke |
128-130 |
||||
Johnson
v. M'Intosh (US 1823) |
131-138 |
L |
|||
Note 1 |
144 |
||||
Note 4 |
148-149 |
||||
Fugitive Resources - Keeble v. Hickeringill (1707) |
150-154 |
||||
Other fugitive resources - Tyler v. Wilkinson (D. R.I. 1827) |
155-160 |
||||
Coffin v. Left Hand Ditch Co. (Colo. 1882) |
161-165 |
L |
|||
Greer, The Ownership of Petroleum and Natural Gas In Place |
165-171 |
||||
Notes 3 to 5 (Hardin, Demsetz) |
171-174 |
stop before "C. Allocation of Intangibles" |
|||
Notes 1 to 3 |
184-188 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Real and Personal Property based torts and crimes |
190-197 |
L |
|||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Armory
v. Delamirie (King’s Bench, 1722) |
198-203 |
||||
McAvoy v. Medina
(Mass. 1866) |
203-207 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introductory materials |
208-211 |
R |
|||
Tieu v. Morgan
(Ore. App. 2011) |
211-222 |
||||
"Hostility" and Intent - Cahill v. Morrow
(R.I. 2011) |
223-230 |
R |
|||
Dombkowski v. Ferland (Me. 2006) |
230-233 |
||||
Finer points of adverse possession law |
233-236 |
stop before "D. Adverse Possession of Chattels" |
|||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Allen v. Hyatt Regency-Nashville Hotel (Tenn. 1984) |
253-265 |
L |
|||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
283 |
||||
Wetherbee v. Green (Mich. 1871) |
284-290 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
303-310 |
||||
Basic Estates and Future Interests |
311-314 |
L |
|||
Construing Ambiguous Grants - In the Estate of Dalton Edward Craigen
(Ct. App. Tex. 2010) |
315-320 |
||||
Waste - Jackson v. Brownson
(N.Y. Sup. Ct. 1810) |
320-327 |
R |
|||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
328-329 |
||||
Step One |
329-338 |
||||
Step Two |
338-355 |
R |
|||
Future Interests Summary and Review (excluding problem 7, pg. 359-360) |
355-360 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
361-362 |
||||
Ford v. Allen (Ct. Civ. App. Tex. 1975) |
362-368 |
R |
|||
Wills v. Pierce (Ga. 1951) |
369-371 |
||||
Smedley v. City of Waldron (8th Cir. 1984) |
371-373 |
||||
RAP tutorial with 33 questions (skip question 30) |
n/a |
L |
|||
Study slides 92 to 101 |
n/a |
Statutory RAP summary |
|||
Another short RAP treatment |
n/a |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
374-375 |
||||
Rothko v. Reis (In re Estate of Rothko) (N.Y. 1977) |
376-385 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
391-392 |
L |
|||
U.S. v. Craft (2002) |
392-394 |
||||
Tenants in Common - Martin v. Martin (Ky. Ct. App. 1994) |
394-397 |
||||
Notes |
397-407 |
||||
Partition - Delfino v. Vealencis
(Conn. 1980) |
407-419 |
L |
|||
Joint Tenancy |
420-425 |
||||
Harms v. Sprague
(IL, 1984) |
425-436 |
||||
Marital Interests - Tenancy by the Entirety - U.S. v. Craft (2002) |
436-449 |
R |
|||
Community Property |
449-452 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Types of Leases |
453-457 |
||||
Effel v. Rosberg (Tex. App. 2012) |
457-461 |
||||
Lease Hypotheticals |
461-462 |
||||
Holdovers - Tenancy at Sufferance |
462-464 |
||||
Professional Development (2L and 3L years, course selection, etc.) |
n/a |
R |
|||
Hannan v. Dusch
(VA 1930) |
464-468 |
Stop at "4. Tenant Selection" |
R |
||
Exiting a Lease |
481-487 |
||||
Problems |
487-488 |
L |
|||
Limiting the Right to Transfer - Julian v. Christopher (Md. 1990) |
489-496 |
Stop at "New York Real Property Law § 226-B" |
|||
Problems |
497-498 |
Start at "Problems" near the bottom of pg. 497 |
|||
Abandonment and the Duty to Mitigate - Sommer v. Kridel (NJ 1977) |
498-507 |
L |
|||
Eviction - Berg v. Wiley (Minn. 1978) |
508-518 |
Stop at "D. The Quest for Clean, Safe, and Affordable Premises" |
|||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction to Transfers |
556 |
||||
Gifts |
557-559 |
||||
In re Estate of Evans
(PA 1976) |
559-567 |
Stop at "Gruen v. Gruen" |
|||
Irrevocability of Gifts and Exceptions |
577-582 |
Stop at "2. Conditional gifts" |
R |
||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
873-874 |
||||
Creating Easements |
875-882 |
||||
Prescriptive Easements - Felgenhauer v. Soni (Cal. App. 2004) |
882-887 |
||||
Irrevocable Licenses - Richardson v. Franc (Cal. App. 2015) |
888-894 |
R |
|||
Transferring and Terminating Easements |
894-896 |
||||
Negative Easements/Conservation Easements |
896-897 |
R |
|||
Public Use Rights |
897-899 |
Stop at "Matthews v. Bay Head Imp. Ass’n" |
|||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
906-907 |
||||
Tulk v. Moxhay
(47 Eng. Rep. 1345 [1845]) |
907-914 |
||||
Creation of an Enforceable Restrictive Covenant |
914-916 |
L |
|||
Neponsit Prop. Owners’ Ass’n v. Emigrant Indus. Sav. Bank
15 N.E.2d 793 (N.Y. 1938) |
916-923 |
||||
Restatement (Third) of Property (Servitudes) |
924-925 |
||||
Shelley v. Kraemer 334 U.S. 1 (1948) |
925-930 |
||||
Modification and Termination of Covenants - El Di, Inc. v. Town of Bethany Beach 477 A.2d 1066 (Del. 1984) |
930-938 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Introduction - Rose, Crystals and Mud in Property Law |
711-717 |
L |
|||
Argent Mortgage Co. v. Wachovia Bank N.A. (Florida Dist. Ct. App. 2010) |
717-722 |
||||
Exercise with three types of recording statutes |
721-722 |
All |
|||
Hartig v. Stratman (Indiana 2000) |
722-726 |
||||
Board of Ed. of Minn. v. Hughes
136 N.W. 1095 (Minn. 1912) |
726-728 |
All |
|||
Nat’l Packing Corp. v. Belmont
(Ohio Ct. App. 1988) |
728-734 |
Recording discharge papers - an example |
|||
Note 1, first two paragraphs of the note |
736-737 |
||||
Problems |
742-743 |
||||
{ end of course coverage } |
END |
||||
Levitin, Securitization, Foreclosure, and the Uncertainty of Mortgage Title |
734-739 |
||||
Note on Recording Systems and Informal Title |
739-742 |
||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
AccessUH for course evaluation |
|||||
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
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Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
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Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Assignment | Start Page | Comment/Notes | {resv} |
Date |
Call Group |
---|---|---|---|---|---|
Review Session |
|||||
Last modified on April 26, 2017, by Greg R. Vetter