Property Outline Notes

CLASS OVERVIEW

  • Office Hours: 341P, Tuesdays at 2:30-3:30 pm, Wednesdays 12-1 pm
  • Tutors: George Buckley, Jane Foreman, Maya Lyght, Juston Smook, Gillean Vandiver
Practice Problems
  • #1: Trespass, Nuisance, Adverse Possession (1000 words; issue spotter)
  • #2: Concurrent ownership, partition, covenants, CC&Rs
  • #3: Due process, deeds, notice, zoning
Final Exam Structure
  • 3k word limit (600 words per question)
  • Essays:
    • If direct question: Start with conclusion (CRA)
    • If issue spotting: Start with issues (IRAC)
    • Don’t cite cases
    • Every sentence matters
    • Usually 5 essay questions
    • Avoid saying you need more info
    • IRAC main issues; address all parts of questions
Subjects to Focus On
  • Finders Laws, Adverse Possession
  • Ensure outlines are organized by slides/property interests (bundle of sticks)
  • Include buzz words (e.g., fee simple owner)
Order of Rule Statement
  • Bundle of Sticks
  • Definition
  • Elements/Factors
  • Clear & Convincing Evidence
  • Remedies? (CRAC or IRAC)

GENERAL PRINCIPLES

  • Definition of Property: Various forms (real & personal), identified by the state.
    • Bundle of Sticks: Rights to use & protect property:
    • Right to possess
    • Right to exclude
    • Right to alienate
    • Right to use
    • Right to enjoy fruits/profits
    • Right to destroy
Relations Among Neighbors
  • Key areas:
    • Trespass
    • Adverse Possession
    • Nuisance
    • Support Rights
    • Easements & Covenants
Ownership Types
  • Concurrent Tenancies
  • Marital Property
  • Present Estates & Future Interests
  • Landlord-Tenant Relationships
Legal Framework
  • Real Estate Transactions
  • Deeds & Recording System
  • Mortgages
  • Fair Housing Laws
Constitutional Protections
  • Equal Protection
  • Due Process
  • Takings Law
  • Recognition of affirmative defenses and justifications.
Burdens of Proof Types
  • (1) Preponderance of the Evidence (civil actions, 50%)
  • (2) Clear & Convincing (e.g., quiet title; 75%)
  • (3) Beyond a Reasonable Doubt (criminal; 90%)

TRESPASS

  • General Rule: Trespass is an unprivileged intentional intrusion on property possessed by another. Elements include:
    1. Intent: Voluntary act; doesn’t require intent to trespass, only intent to enter.
    2. Intrusion: Physical entry or interference on property.
      • Can include individuals, agents, or objects (trespass to chattels).
    3. Unprivileged: Exceptions include consent, necessity, or public policy reasons.
Remedies for Trespass
  1. Ejectment/Injunction
  2. Damages (nominal, compensatory, punitive)
Key Cases for Trespass
  • State v. Shack (1971) and Uston v. Resorts International Hotel (1982) illustrate implicit rights related to public accommodations versus private ownership.

NUISANCE

  • Definition: Substantial, unreasonable interference with the use/enjoyment of another’s property.
    • Balancing tests used to determine entitlements between parties.
Remedies Available
  1. Property Rules: Injunctions to stop nuisances.
  2. Liability Rules: Damages for harm from nuisance.
Distinction from Trespass
  • Nuisance involves indirect & intangible interference, while trespass involves direct physical entry.

POSSESSION

  • Broad Principle: Right to possess & alienate property.
  • Possession requires:
    • Physical control & intent to control.
Gifts and Rule of Capture
  • Gifts: Transfer of property without payment involving intent, delivery, and acceptance.
  • Rule of Capture: First to capture unowned assets becomes the owner; exceptions exist.

SERVITUDES

  • Definition: Rights limiting the use & control of land by others.
  • Types include:
    • Easements: Non-possessory interest allowing holders limited usage.
    • Covenants: Written agreements restricting or requiring land use.
    • Profits: Rights to remove resources from land.
Modifications & Termination
  • Can occur through several mechanisms including agreement & abandonment.

FAIRS HOUSING LAWS

  • Scope of FHA: Prohibits discrimination based on 7 classes: race, color, religion, national origin, sex, disability, family status.
    • Remedies include injunctive relief, damages, and punitive damages.
Key Cases
  1. Kelo v. City of New London (2005) addressed economic development as public use for takings.
  2. Bonner v. Brighton (2014) examined zoning and equitable considerations.

ZONING

  • Purpose: Controls how land is used & developed to serve community interests.
  • Zoning laws can be challenged on grounds such as discrimination or lack of public benefit.

TAKINGS LAW

  • Physical Takings: Require compensation for public use (e.g., Kelo decision).
  • Regulatory Takings: Involve significant impact on private property rights requiring balancing tests to assess fairness.