SyllabusProperty, Fall 2015

Professor Maureen Straub Kordesh

Casebook: John Sprankling and Raymond Coletta, Property: A Contemporary Approach (2d ed. Thomson Reuters 2012). ISBN-13: 9780314275547

Office: CBA 1128Phone: (312) 987-1433Fax: (312) 427-9974Email: 7kordesh@jmls.edu; mskordes@hotmail.com Office hours: Mondays from 5:30-6:00, Tuesdays and Thursdays 1:30-3:30, and Wednesdays from 1-3 p.m. I prefer that you use my office hours. If, for some reason you cannot (work schedule, intellectual emergency, etc.), please email me and I’ll be happy to make an appointment with you. Outside my office hours, I don’t see students without an appointment.

Class will meet in Room 300 on Mondays and Wednesdays from 3:30-5:20 p.m.

Mid-term examination: The multiple-choice portion will take place in class on Wednesday, October 7 from 3:30-5:20 p.m. The essay portion will be posted on Saturday, October 10 at 6:00:00 p.m. and due in hard copy by 3:30:00 p.m. in the Office of Academic Services on Monday, October 12. You will observe anonymous protocols for both portions of this exam. The essay portion will comprise 2/3 of the exam grade, and the multiple-choice portion will comprise 1/3 of the exam grade. The mid-term grade will comprise 20% of your semester grade.

Final Exam: The essay portion will be posted on Monday, November 23 at 4:00:00 p.m. You will bring a hard copy of the exam to the scheduled final exam on Tuesday, December 1 and hand it to the proctor before you sit for the multiple-choice portion of the exam. The multiple-choice portion of the exam will take place from 6-9 p.m. on Tuesday, December 1. The essay portion will be worth 2/3 of the exam grade and the multiple-choice portion will be worth 1/3 of the exam grade. The final exam is worth 80% of your grade.

Assessments: There will be seven assessments during the semester. They are not graded but all except the practice mid-term and final are required to be completed as outlined below and in additional materials provided for the course. If you do not complete them to my satisfaction and the satisfaction of your teaching assistant, I reserve the right to refuse to allow you to take the final exam.

GENERAL INFORMATION

I. THE GOALS OF LEGAL EDUCATIONA. Law School Graduates Should have:

1. A basic understanding of the fundamental concepts of American law (black-letter law);

2. The ability to find the black-letter law;3. An understanding of the relationship of law to the ethical,

social, political, economic, historical, and cultural environment in which it operates in order to develop a critical approach to the legal system;

4. Critical thinking and problem-solving skills; and, 5. Professional and ethical disposition.

II. LEARNING OBJECTIVES OF THIS PROPERTY COURSE: A. By the end of the course, you should:

1. Demonstrate a firm grasp of the general principles of acquisition, ownership, possession, transfer, and regulation of personal and real property;

2. Know the black-letter rules of adverse possession, lost property, mislaid property, abandoned property, and gifts; estates in land and future interests; concurrent estates; landlord-tenant law; conveyances of real property; easements, covenants, and servitudes; zoning law; and constitutional principles applicable to land use law.

3. Demonstrate well-developed case analysis & argument skills, including breaking cases down into components and extracting rules and holdings from cases;

4. Demonstrate well-developed critical thinking and problem solving skills, including distinguishing between relevant and irrelevant facts, and recognizing arguments and reasoning;

5. Demonstrate well-developed problem-solving skills by being able to apply black-letter rules to new fact patterns;

6. Become a self-aware learner; and7. Begin to see yourself as an ethical and professional legal

practitioner.

III. PROCESS TO REACH COURSE GOALS There will be little lecturing in this class. Class will consist mostly of active learning by discussions of cases and materials and by analysis of hypotheticals and problems.A. Prepare for class each day:

1. Read all assignments & brief all cases before class.a. Reading extra materials is an individual decision but I

do NOT encourage it.2. Answer questions and hypotheticals in handouts and in Case

Book notes.

a. If we do not finish an entire reading assignment during a class, re-read the materials before the next class.

3. Think about the legal concepts being studied as well as about the process of learning itself.

B. Participate in class discussion.1. Participation is important as an active learning tool

a. Class participation is essential to develop the analytical skills needed in practice and in the assessments, mid-term, and final exam.

2. Your unique life experience gives you a perspective we can all learn from.

3. EVERYONE expected to participate EVERY DAY!C. Form Study GroupD. Outline course.

Organization is essential to success in the practice of law and in law school. Outlining is a tried and true way to organize the massive amounts of materials we cover in each course. Your outline of the course will be your most important study tool for the assessments, midterm, and final exam. Finally, outlining is also the best way to organize your answers to law school essay examinations. You will not do as well in this (or any other) class unless you outline the materials covered in the course.

Start your course outline within the first few weeks of class. Follow Syllabus + handouts + any other materials to construct your own outline. Discuss your outline with your TA throughout the semester.E. Prepare answers to the various formative assessments, self-evaluate

your answers and discuss your answers with your TA. Developing the skills to succeed in law school requires practice and the use of formative outcome assessment tools.

F. Take practice exams. You will have access to a practice mid-term exam and a practice final exam. Make sure you take it seriously.

G. Prepare for the final exam. Make a plan and a strategy to answer the final exam.

IV. CLASS ATTENDANCE, TIMELINESS, & PROFESSIONALISMA. Attend all classes unless dead or dying.

1. Attending classes is part of what it takes to become a professional.

2. I will take attendance.3. Many questions, including exam questions, are directly from

cases, hypos and problems discussed in class.B. Attendance

1. Class meets Monday and Wednesday afternoons, as indicated above.

2. Until I learn your names, I will take attendance orally. Then I will do so before class begins without calling your names. Be here before class starts at 3:30 p.m. whenever possible.

3. If you cannot attend class on any given day, please advise me at least 10 minutes prior to class. Send someone with a note to me in class, call me at 312.987.1433, or e-mail me at 7kordesh@jmls.edu.

4. If you have THREE (3) unexcused absences, you will be penalized. The regular school attendance policy also applies. Penalties range from a letter grade drop in the course to not being allowed to take the final exam.

C. Timeliness 1. As professionals, you are expected to be in your seat and

ready to learn before class begins promptly at 3:30 p.m.2. If you are going to be late to class on any given day, please

advise me at least 10 minutes prior to class so you will not be marked absent. Give someone a note to give me in class, call me, or e-mail me at 7kordesh@jmls.edu.

3. If you are late and you have not advised me, except in exigent circumstances I will mark you absent and it will count as an unexcused absence.

4. If you have any questions regarding absences, please contact me.

D. Professional Demeanor 1. The classroom is a place of learning. 2. You may bring a drink or a small, quiet, non-smelly snack (no

foot-long subs, no chips, no noisy bags, no fish and onions, for example).

3. Leaving your seat to smoke, go to the bathroom, or make or receive phone calls is discourteous and disruptive. Please try to deal with those tasks before class.

E. Technology Classroom Etiquette The classroom environment must be conducive to learning for all students.

Technological devices can be distracting to your classmates and me and thus undermine that goal. Accordingly, during class, in addition to usual courtesies, kindly:

1. refrain from using your laptop to check e-mails, look up sports scores, stock market quotes or otherwise use your laptop for anything other than to take class notes;

2. refrain from text-messaging; using cell phones, pagers, or any other communication device;

3. refrain from displaying wallpaper, screen savers, or other material on your laptop computer screen that can reasonably be expected to offend or distract your classmates.

If I determine that your laptop or other electronic device is disruptive to your classmates, you will be penalized. The penalties range from having to move seats to being dropped from the class and/or having a formal disciplinary complaint filed against you.

1. LAPTOP-FREE ZONE

Many students regularly complain that the use of laptops around them is very distracting during class discussion. A number of colleagues here and at other schools are completely banning the use of laptops in class. I agree that laptops can be very distracting to those using them as well as those around them. However, I also know that because different people learn differently, there are some students who do better with laptops than without.

My compromise is to ban laptops in certain parts of the classroom. The front two rows of the classroom will be laptop free. If there is a large demand for the laptop-free zone, I will expand it. If there is no demand for a laptop-free zone, I will eliminate it.

V. THE COURSE GRADEA. Assessments—There will be seven (7), or maybe 8, ungraded assessments

during the semester. All except the practice mid-term and practice final are required in order for you to be permitted to sit for the final exam. The minimum required components consist of completing the assignment, and completing a written self-evaluation for each assignment. I also expect you to meet with your TA to discuss the self-evaluation. We will discuss the assessment process in greater detail in class.

B. Midterm--There will be a midterm exam in class on Wednesday, October 7 and on Saturday-Monday, October 10-12.

1. It will consist of multiple-choice questions (probably 20) and one essay.

2. There will be a brief review session from 4:30-5:30 p.m. on Wednesday, September 30 to go over the format for the essay answers.

3. The multiple-choice portion will take place in class on Wednesday, October 7 from 3:30-5:20 p.m.

4. The essay portion will be posted on Saturday, October 10 at 6:00:00 p.m. and will be due by 3:30:00 p.m. on Monday, October 12 in hard copy to the Office of Academic Services. We will observe anonymous grading protocols for this exam. I will have more details about this procedure as we near the exam date.

4. The mid-term will be worth 20% of the course grade.

C. Final Exam--The final exam is scheduled for Tuesday, December 1 at 6:00 p.m. The in-class exam will consist of:

1. Thirty-forty multiple-choice questions.

2. The essay portion will be worth 2/3 of the exam grade and the multiple-choice portion will be worth 1/3 of the exam grade.

3. The final exam is worth 80% of your course grade.

D. EXAM MATERIALS: Examinations are open-book and open-notes. No part of the exam is open-Internet whether in-class or take-home, nor may you consult your notes on your computer during the in-class portion of any exam. You must print them and bring them with you. You may bring any printed matter you want into the exam. I recommend a regular dictionary and will make a few copies available during the exams, since many of you probably rely on electronic sources. You may not consult any source that will talk to you or answer questions that you put to it (like a classmate, or another lawyer, an interactive program, Google, or “Ask.com”). Please do not abuse the privilege of my open-book policy. We will discuss more specific exam rules closer to the exams.

a. No Surprises1. The cases, hypotheticals, and problems we discuss in class

and in the assessments are the same types of question you'll find in the assessments, midterm, and final.

2. I will distribute a practice midterm and final, as well as sample questions and answers some time before the exam. The practice exams will be similar to the actual exams.

3. The exams will cover all material covered in the course, which may include material we have not discussed extensively, but was assigned.

b. Participation “bumps”1. I reserve the right to increase as student’s grade for

exceptional participation. Exceptional participation includes:a. Conscientious and timely participation in assessments

i. Turning in assessments on timeii. Conscientious self-evaluations; and

iii. Regular meetings with TAb. Thoughtful (not necessarily frequent) contribution to

class discussion 2. I also reserve the right to lower a student’s grade for chronic tardiness or lack of preparation.

D. SEATING ASSIGNMENTSYou may seat anywhere you want BUT please sit in the same seat

every day until I learn your names.

E. SMALL GROUPS AND TEACHING ASSISTANTSYou will each be assigned to a group of classmates and each group will be

assigned a Teaching Assistant, who will help you develop your analytical learning skills during the semester.

F. OFFICE HOURSa. Open office hours: Mondays from 5:30-6:00, Tuesdays and

Thursdays from 1:30-3:30 p.m., and Wednesdays from 1-3 p.m. I will

apprise you in advance if I have to change them in a given week.

b. Other times by appointment. I do not meet with students outside of office hours without an appointment.

G. COURSE MATERIALSClass Handouts, and other materials can be downloaded from the Moodle course page.

H. DISABILITIESIf you require special services because of a disability, please notify our Disabilities Coordinator, Melinda Moore, at mmoore02@jmls.edu. Any requests for exam accommodations must be directed to Ms. Moore, and must be made at least four weeks prior to the exam to allow adequate time to document and process the request.

I. STRESSStress is part of the law school experience, particularly during the first year. Students are presented with new (and sometimes obscure) fields of study, each with its own unique language. Additionally, law school is so labor intensive that it leaves little time for other important pursuits, like family, relationships, hobbies, etc. And, to top it all, how well you do in classes is often based on well you do in a single, several-hours-long, closed-book examination, though not in this course.If stress begins to interfere with your daily life, you should talk to a professional. John Marshall Law School has an agreement with the Chicago School of Professional Psychology. You may call 312-360-2668 or email jmlsHealthServices@gmail.com to make an appointment. The first appointment is free. There is a modest fee for subsequent appointments.

The study of property law is an enterprise that requires patience, critical thinking, and hard work. The doctrines are often difficult to understand or hard to apply. Outcomes seem to belie the rule ostensibly offered for them. The increasing importance of contract law in the area of property creates some uncertainty and change in the importance of certain property doctrines. What makes no sense in a property regime can be much simplified in a contract framework; however, the law of contract can also undesirably change the relationships created by a property regime. The three hallmarks of private property: exclusion, alienation, and use, can be in tension with one another. The goals of a private property system: investment, incentive, and predictability, can be in tension. The legal system’s goals can be at odds with a private property regime: clear rules can lead to unjust outcomes; fair outcomes may be hard to prove or enforce. The provenance of the property right may be murky, or internally in conflict. The fairest remedy may not be awarded because of its cost. And so on.

In this course, it is my hope that you will develop an understanding of some basic property doctrines, namely acquisition of property rights, estates in land and future interests, marital and community property; landlord and tenant law; basic real

estate conveyancing; servitudes, nuisance law, zoning, eminent domain, regulatory takings, and policy governing property rights. I expect you to learn future interest rules and the rigorous legal thinking that gives rise to them; that you will learn some of the practical application of the law and legal method of property; and that you will develop an appreciation for the dynamic role of property law in a technologically developing and commercial world. I personally really love the study of property law, and I hope that you will share at least a little of my genuine enthusiasm for the enterprise.

Week of August 17Monday, August 17Chapter 1: The Concept of PropertyWhy Recognize Property?

Five justifications for private propertyPierson v. Post 1-15

What makes it property?The Right to Transfer 25-28

Moore v. Regents of the Univ. of Calif. 36-47

Wednesday, August 19The Right to Exclude

Jacque v. Steenberg Homes, Inc. 47-57Jerry L. Anderson, Britain’s Right to Roam 65-67

Points for Discussion 67The Right to Use 68-69 Prah v. Maretti 73-81

Week of August 24Monday, August 24Chapter 2: Owning Real PropertyAdverse Possession: Elements 97-99

Gurwit v. Kannatzer 99-105Tioga Coal Co. v. Supermarkets Gen’l Corp. 120-124

Detailed explanation of assessment program.

Wednesday, August 26Adverse Possession: Mechanics 125

Howard v. Kunto 126-130Problems 131

Introduce TA’s and create TA-student groups. Start first assessment in class; email to your TA by 11:59:00 p.m. on Saturday, August 29. Self-assessment due no later than 12 hours before your meeting with your TA. You are always welcome to hand it in early!

Week of August 31

Meeting with TA to discuss assessment

Monday, August 31Chapter 3: Owning Personal Property 159

Finders 172Armory v. Delamerie 173-75Hannah v. Peel 175-82McAvoy v. Medina 183-85Haslem v. Lockwood 185-88Problems 194

Wednesday, September 2Inter Vivos Gifts 208-09

Gruen v. Gruen 209-19 Delivery Hypotheticals 217Albinger v. Harris 219-25

Gifts Causa Mortis 225Brind v. Internat’l Trust 226-30

Assessment posted on Tuesday, September 1 at 6:00:00 p.m. and due on Saturday, September 5 no later than 11:59:00 p.m. to your TA via email. Self-assessment due no later than 12 hours before your meeting with your TA. You are always welcome to hand either component in early!

Week of September 7Meeting with TA to discuss assessment

Monday, September 7 NO CLASS; LABOR DAY

Wednesday, September 9Introduction to Intellectual Property Law 233Common Law 234

Cheney Brothers v. Doris Silk Corp. 235-37Copyright Law 239

Eldred v. Ashcroft 240-46

Assessment (Multiple Choice); posted on Tuesday, September 8 at 6:00:00 p.m. and due on Saturday, 12 no later than 11:59:00 p.m. to your TA via email. You may view the answers and explanations at your meeting with your TA, so long as you turn in the assessment on time. If you turn this assignment in late, and your TA chooses not to meet with you, you will not have access to the answers and explanations.

Week of September 14Meeting with TA to discuss multiple-choice assessment

Monday, September 14

Feist Pubs., Inc. v. Rural Tel. Svc. Co. 246-54Harper & Row, Pubs., Inc. v. Nation Enter. 254-62

Wednesday, September 16Chapter 5: Estates and Future Interests 305-08Introduction; Fee Simple 308-11Life Estate 315-17Remainders 349-54

Week of September 21Meet with TA about practice mid-termMonday, September 21

Problems 353Rules Furthering Marketability 357; 362-66

Wednesday, September 23Chapter 6: Concurrent Ownership and Marital PropertyConcurrent Ownership Generally 375-78

James v. Taylor 378-81Tehnet v. Boswell 382-86

Partition 386Ark Land Co. v. Harper 387-94

*****Practice Mid-term posted Tuesday, September 22 at 6:00:00 p.m. and due on Saturday, September 26 by 11:59:00 p.m. to your TA via email. Self-evaluation of essay portion due to TA no later than 12 hours before your meeting. You are always welcome to hand in either component early!

Week of September 28Monday, September 28Marital Property 398-402Tenancy by the Entirety

Sawada v. Endo 402-09Chapter 7: Leasing Real Property 437-40Discrimination

Neithamer v. Brenneman Prop. Svcs., Inc. 440-47

Wednesday, September 30Selecting the Estate 447-49Negotiating the Lease; Delivering Possession 454-55

Keydata Corp. v. U.S. 455-60Condition of the Premises 460Substandard Housing; In re Clark 461-62

**Mid-term exam review, essay portion, Wednesday, September 30 from 4:30-5:30 p.m.

Week of October 5Monday, October 5Constructive Eviction 463

JMB Properties Urban Co. v. Paolucci 468-73Constructive Eviction Hypotheticals 472

Implied Warranty of HabitabilityWade v. Jobe 473-78Teller v. McCoy 478-82Problems 481

Wednesday, October 7Mid-term examination, multiple-choice portion, conducted from 3:30-5:20 p.m. Wednesday, October 7.

Mid-term exam, essay portion, posted Saturday, October 10 at 6:00:00 p.m. and due in hard copy on Monday, October 12 no later than 3:30:00 p.m. (the beginning of class) to the Office of Academic Services. You will observe anonymous exam protocols for this exam.

Week of October 12Monday, October 12Turn in mid-term essay exam response Office of Academic Services no later than 3:30:00 p.m. on Monday, October 12Assignment and Sublease: Basics 482

Ernst v. Conditt 483-92Problems 491

Eviction 500, 509Hillview Assocs. v. Bloomquist 510-515

Wednesday, October 14Chapter 8: Selling Real PropertyIntroduction; Statute of Frauds 529-31

Hickey v. Green 532-38Duty to Disclose Conditions 550

Stambovsky v. Ackley 551-57

Assessment posted October 13 at 6:00:00 p.m. and due no later than 11:59:00 p.m. on Saturday, October 17 to your TA via email. Self-evaluation is due to your TA no later than 12 hours before your meeting. You are always welcome to hand in either component early!

Week of October 19Meetings with TA to discuss mid-term examMonday, October 19

Delivery of the deed at closing 562-63Vasquez v. Vasquez 570-73

The Mortgage 573-74Wansley v. First Natl. Bank of Vicksburg 574-81

Title Assurance 594-95

Wednesday, October 21Title Covenants 595-98

Brown v. Lober 598-603The Recording System 604-05How to Search Title 605-06

NO ASSESSMENT THIS WEEK—YAY!

Week of October 26Group mid-term exam review: (optional but strongly recommended). Date and time TBAOnce the group exam review has taken place, I will be happy to see you individually to discuss your exam.Monday, October 26Recording Acts 615-16

Messersmith v. Smith 617-24Problems 624

Chain of Title Problems 626-29

Wednesday, October 28Chapter 9: Private Land Use Planning 651-52Easements 652-54 Easement by Implied Reservation/Implied Grant

Van Sandt v. Royster 658-64Easement by Necessity

Berge v. Vermont 665-71U.S. v. Causby and accompanying text 133-38

Points for discussion 138-40

Assessment (multiple choice) posted Tuesday, October 27 at 6:00:00 p.m. and due no later than Saturday, October 31 at 11:59:00 p.m. to your TA via email. You may view the answers and explanations at your meeting with your TA if you have turned in your assessment on time. If you turn this assignment in late, and your TA chooses not to meet with you, you will not have access to the answers and explanations.

Week of November 2Meeting with TA to discuss Assessment Monday, November 2Interpreting Easements

Marcus Cable Assocs. v. Krohn 685-692

Terminating Easements; Negative EasementsPresault v. U.S. 693-701

Real Covenants 701-05Equitable Servitudes

Tulk v. Moxhay 711-15Common Interest Communities 715-16

Wednesday, November 4Unreasonableness of CC&Rs 716-17

Nahrstedt v. Lakeside Village Condo Assoc. 717-27Fountain Valley Chateau BlancHomeowner’s Assoc. v. Dept. of Vet. Affairs 746-51

Nuisance 751-53Boomer v. Atlantic Cement Co. 753-59Nuisance problems 766

Practice Final posted on Tuesday, November 3 at 6:00:00 p.m. and due on Saturday, November 7 no later than 11:59:00 p.m. to your TA via email. Self-evaluation of the essay portion is due no later than 12 hours before your meeting. You may view the answers to the multiple-choice questions at your meeting with your TA. If you turn this assignment in late, and your TA chooses not to meet with you, you will not have access to the answers and explanations.

Week of November 9Meeting with TA to discuss practice final

Monday, November 9Chapter 10: Land Use Regulation 769-771Constitutionality 771-72

Village of Euclid v. Ambler Realty 772-80Euclid problems 779

Zoning Ordinances 780-81Nonconforming Uses 781-82

AVR, Inc. v. City of St. Louis Park 782-791Amortization Problems 789

Wednesday, November 11Zoning Amendments 791

Smith v. City of Little Rock 792-98Rezoning Problems 797

Variances; 798Detweiler v. Zoning Hrg. Bd of Lower Salford Twp. 799-804Variance Problems 804

Special Exceptions 805

Week of November 16

Monday, November 16Chapter 12: Eminent Domain 889Defining Public Use 890-91

Hawai’i Hous. Auth. v. Midkiff 891-98Chapter 13: TakingsFoundation Era 913-14

Penn Coal Co. v. Mahon 914-92

Wednesday, November 18The Penn Central Standard 925-26

Penn C. Transp. Co. v. City of N.Y. 926-40Categorical Takings 940-41

Categorical Takings Problems 949, 962

I will provide a recorded exam review that you may view when it is convenient. This review will stand in lieu of class on Monday, November 23. I will take questions until 24 hours before I post the essay portion of the final exam on Monday, November 23. If the question seems important enough to share with the class, I will.

Final exam, essay portion, posted on Monday, November 23 at 4:00:00 p.m. and due Tuesday, December 1 by 6:00:00 p.m. Final exam, multiple-choice portion, takes place on Tuesday, December 1 from 6-9 p.m.

CLASS ENDS