1. Concurrent interestso Joint tenancyo Tenancy in commono Tenancy by the entirety

Need to know how to create forms of ownershipNeed to know rights that come with forms of ownership right to alienate during life or to pass property along at deathNeed to know how these ownership types come to an end Partition in kind and partition by saleResponsibilities co-owners have to each other during tenancyConcurring costs, necessary repairs and improvementsConcept of ouster When is co-tenant responsible for paying rentWhen can co-tenant ouster and take property by adverse possession.

2. Landlord tenant lawTerm of years, periodic tenancy, term at willMust also recognize holdoverObligations that landlords have to tenantsCovenant of quiet enjoymentConstructive evictionImplied warranty of habitability Tradeoff of tenant protection to cost of housing, some protections drive up cost of housingDiscrimination in rental markets Must be familiar with Civil Rights Act of 1866Fair Housing Act focused on what categories the fair hosing act covers What kind of behaviors FHA prohibitsExceptions to FHA 4 units and landlord on cite landlord can discriminate FHA involvement of real estate agents and advertisements Distinguish between assignments and subleases Understand the classification of sublease and assignments and who landlord can sue to collect past rent.

3. Public land use controlsUses Jost test Section 826 of Restatement Figure out whether activity is nuisance by weighing gravity of harm against actor’s conductUnder both gravity of harm and actor’s conduct the restatement gives a bunch of factors. Cannot answer nuisance question well without using these factorsWith respect to nuisance we also talked about remedies damages and injunctions what might compel a court to choose whichInjunction does not necessarily mean activity will end as plaintiff can sell injunctionRole that coming to the nuisance has

Vast majority of time on nuisance was spent talking about private nuisance Emphasis should be placed there

4. ZoningPermissible exercise of police power so long as zoning is a rational relation to health, safety and general welfarePower belongs to states but it is delegated to municipalities.Non-Conforming uses know approach in both cases PA distributors and Sullivan case P 306 for competing approachVariances and the type of analysis the board conducts when granting analysisWhen landowner cannot get variance they can get code amendedSpot ZoningKind of land use zoning addresses – Started with old Euclidian zoning such as use, height etc then moved to aesthetic zoningThen discussed zoning with discriminatory effect Family makeup, economic decisions etc. In assessing this zoning you must keep in mind that zoning is supposed to support health, safety, and welfare. FHA is relevant cannot zone in violation

5. Takings Eminent Domain – gov’t ends up with title to land. Central question of these cases is whether the land is taken for public use Kelo and Hathcock (Know both approaches of public use taken in these cases) Regulatory takings 2 categorical rules Loretto permanent physical invasionLucas taking if regulation removes all economic valueScalia leaves open exception that regulation can take all value but still not be a taking for example by eliminating nuisance. Background principles of state law if the regulation eliminates a nuisance at common law (High Penn Oil) then there will not be a taking regardless if there is 100% loss in value. Penn Central Balancing test (make arguments each sides would make, extent in diminution of value, reasonable investment backed expectations and extent and character of gov’t action Key under Penn central is the key to make the arguments no definitive conclusion of whether a taking has occurred denominator problem; gov’t definition will be different than landowners.Is regulation benefit conferring or harm preventing (Gov’t uses harm preventing) Lucas Prevent erosion due to Hurricanes harm preventing while Lucas says benefit-conferring SC wants nice beachesInvestment backed expectations What could landowner reasonably do with property when it was acquired

6. Private land use agreementsExpress Easements Implied easements from preexisting useImplied by absolute necessity

By prescription By EstoppelNeed to know how each of these easements is created and how each can come to an end. Scope of easements and permissible ways in which the use of easements can change over time.Need to know the permissible categories of negative easements How real covenants and equitable servitudes are created. Need to understand what Waldeck and Text meant with benefit running and burden runningNeed to identify party benefitted and party burdened in a particular agreementKind of damages available for covenant and servicesWhen will a court imply equitable servitude? Sandborn – scheme of development and noticeCovenants are written promises that must be construed by courts Covenants must be lawful private owners cannot violate state or federal law