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Property
Justifications for allocation of property
Acquisition through first possession
Wild Animals (Pierson v. Post); Oil and Gas (Elliff v. Texxon Drilling Co.) Supplement: Abstracts of Bethany Berger, It's Not About the Fox: The Untold Story of Pierson v. Post, 55 Duke L. J. 1089 (2006) & Andrea McDowell, Legal Fictions in Pierson v. Post, Mich. L. Rev. (2007); Hardin, The Tragedy of the Commons; Acheson, The Lobstermen of Maine
Acquisition by Labor and Investment
Singer 32-45, 1087-1089, 1093-1095, 1128-1129 (International News Service v. Associated Press, Trademark, Copyright, and Patent Law)
Acquisition by Governmental Fiat & Arguments from Distributive Justice
Indian land (Johnson v. M'Intosh), government grants, freed slaves Supplement: Roe, Backlash, Franiere & Wines, Africa Quandary; Cunningham & Piore, My Fair Monkey
Limiting the Right to Exclude
Limits on Property Owners' Rights to Exclude
103-116, 118-120, 124-130: State v. Shack, Desnick v. ABC, Spirit Murdering the Messenger, The Intelligent Bayesian; Civil Rights Acts
Constitutional Limits on Rights to Exclude?
Lloyd Corp v. Tanner, Beach access Supplement: Articles on Beach Access
Loss by Continuous Theft I: Adverse Possession
Brown v. Gobble, Nome 2000 v. Fagerstrom Supplement: Adverse Possession Supplement--Laville & Freemantle articles
Loss by Continuous Theft II.: Prescriptive Easements & Encroachment
Community Feed Store v. Northeastern Culvert Corp.
Nuisance and Other Judicial Limits on Land Use in the Absence of Agreement
Surface Water and Support
Armstrong v. Francis Corp., Friendswood Development v. Smith-Southwest Industries
Nuisance I
Page County Appliance Center v. Honeywell
Nuisance II, Coase II and Law and Economics Analysis
Fontainebleu Hotel Corp. v. Forty-Five Twenty Five Supplement: Jolls, Sunstein & Thaler, A Behavioral Approach to Law and Economics
Nuisance III: Light & Air Revisited
Servitudes: Regulation of Land Use by Private Agreement
Easements I (affirmative servitudes)
Finn v. Williams (Easement by Necessity), Green v. Lupo (In Gross or Appurtenant)
Easements II
Scope and Apportionment (Cox v. Glenbrook), Easements in Gross (Henley v. Continental Cablevision)
Covenants I (negative servitudes)
Creation by direct agreement, (Davidson Bros. v. Katz, Whitinsville Plaza v. Kotseas); Supplement: Covenant Table (This may help to keep the different requirements straight as you are reading the materials)
Covenants II: Implied Reciprocal Covenants and Homeowners Associations
Evans v. Pollock, Review of Restrictions (O'Buck v. Cottonwood Village, Neuman v. Grandview) Supplement: Homeowner Associations Rule the Roost
Covenants III. Racially restrictive covenants and devises
Shelly v. Kramer, Evans v. Abney
Temporal Limitations on Property Rights
Estates system and future interests
The Estates System: Wood v. Board County Commissioners of Fremont County, Edwards v. Bradley, Cy Pres and Rule Against Creation of New Estates
Rule Against Perpetuities
Rule Against Perpetuities (Central Delaware county authority v. Greyhound Corp., Texaco Refining & Marketing v. Samowitz)
Prohibition on Waste, Racial Restrictions, and Restraints on Marriage
Prohibition of Waste (Moore v. Phillips), Racial Restrictions, Restraints on marriage (Lewis v. Searles) Supplement: Questions on Rule Against Perpetuities Optional Supplement: Estate of Moore (Fairly straightforward recent case putting together restraint on marriage, rule against perpetuities, and construction of wills)
Common Ownership & Marital Rights in Property
Common Ownership (Olivas v. Olivas, Carr v. Deking, Tehnet v. Boswell, Kresha v. Kresha), Sawada v. Endo, Marital Breakup (O'Brien v. O'Brien)
Landlord Tenant: Regulating the Market for Shelter
Landlord's remedies, Self-Help v. Judicial Process (Vasquez v. Glassboro)
Supplement: Landlord Tenant Statute. Find the provisions concerning what constitutes a tenancy, and when a landlord may seek to terminate a tenancy, and what must a landlord do to terminate a tenancy.
Duty to mitigate, Constructive Eviction, Summary Process
Summary process, right to receive rent, duty to mitigate (Somer v. Kridel)
Right to Quiet Enjoyment/Constructive Eviction (Blackett v. Olanoff)
Find the provisions from the landlord tenant statute concerning summary process, good cause eviction, and duty to mitigate. How does the summary process statute change the regular timelines for judicial process? When may it be invoked? When may a landlord seek to evict a tenant? Does the law ever require "good cause" eviction?
Implied Warranty of Habitability, Tort liability of landlord
Javins v. First National Realty
Supplement: Steven Gunn, Eviction Defense for Poor Tenants: Costly Compassion or Justice Served?
Transferring Property Rights: Real Estate Transactions
Structure of the Real Estate Transaction, Fraudulent Non-Disclosure
Terms of the Deed; Chain of Title; Fraudulent & Forged Deeds
Sabo v. Horvath, Zurstrassen v. Stonier, McCoy v. Love
Mortgages.
Supplement on Mortgages
Zoning: Governmental Regulation of Land Use
Power to Zone and Exemptions from Zoning Law
Prior Non-Conforming Use (Town of Belleville v. Parrillo's, Inc.), Variances (Westwood Commons), and Vested Rights (Stone v. City of Wilton). Supplement: Westwood Commons
Challenges to exclusionary zoning & the Fair Housing Act
FHA, Huntington Branch, NAACP v. Huntington, Village of Belle Terre v. Borras; Note on Moore v. City of East Cleveland.
Supplement: Announcement of Zoning Enforcement in the West End
Takings: Governmental Power over Property, Constitutional Protection Against Governmental Power
Defining the Taking I: What purposes?
Defining the Taking II: Regulatory Takings and the Ad Hoc Test
Miller v. Schoene, Penn Central v. NYC
Defining the Taking III: Physical Invasions
Physical Invasions (Pruneyard Shopping Center v. Robins, Loretto v. CATV)
Defining the Taking IV. Regulatory deprivation
Deprivation of Economically Viable Use (Lucas v. South Carolina Coastal Council; Palazollo; Tahoe Sierra)