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Spring 2023
5408 Property - FAGUNDES- 11096

Professor(s): Dave Fagundes (FACULTY)

Credits: 4

Course Areas: 1st Year - Section C 

Time: W-9:00a-10:30a  T,TH- 10:30a-12:00p  Location: 102B 

Course Outline: This course covers the doctrines, underpinnings and policy of property law. We will examine what makes property rights distinctive; how property rights are created, transferred, and destroyed; and what the powers and duties of property owners are. This course will serve as a foundation for a variety of upper-division courses, including intellectual property, real estate transactions, environmental law, land use, and trusts and estates.

Course Syllabus: Syllabus

Course Notes: (Face-to-Face)   The UH registration system instruction mode for this course is listed in parenthesis. After student registration opens, there may be instruction mode changes to this course up through two weeks before the first day of classes for the term, but notice of such changes will be sent to then-registered students. For this instruction mode, instructors and students are expected to normally be physically present in the classroom. If the course has a final examination, it will be in a classroom requiring your physical presence. Other assessment, such as a mid-term exam, may also be in a classroom. Whether this instructor will offer “remote presence” (starting a zoom meeting from the podium computer to enable student remote access on an occasional basis) for part or all of the semester is not known, but students should not rely on an expectation that remote presence will be available.

Prerequisites:  

First Day Assignments: FIRST WEEK READING

I. Ownership and trespass
Date: 1/17
Topic: Owners’ rights and trespass: Jacque v. Steenberg Homes
Reading: 45-58 & notes a-f

II. The variations of acquisition: first, subsequent, and adverse
Date:1/18
Topic: First possession: Pierson v. Post; Capture hypotheticals
Reading: 7-14 & notes a-e

Date:1/19
Topic: Sipriano v. Great Spring Waters; Note on fugitive resources Acquisition by find: Armory v. Delamirie; Find hypotheticals #1-4
Reading:163-66 & notes a-g; TWEN

First Week

Final Exam Schedule: 05/02 9am-1pm      

This course will have:
Exam:
Paper:


Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA: No (no more than 1/3 of the class sessions have the instructor separated from all students via technology)

Pass-Fail Student Election: Unavailable (Required Course)

Course Materials

Book(s) Required

Course Materials: The text for this course is Sprankling & Coletta, Property: A Contemporary Approach (5th ed. 2021).

This fifth edition of the book will be available new for sale in the campus bookstore. Copies may be available used on secondary markets as well. The text’s publisher, West Academic, also has a less expensive eBook available here: TBD.Sprankling & Coletta’s text is excellent, but it is expensive. To that end, if you can find a cheap copy of the fourth edition of the text online, I want you to be able to use that.