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Property Outline
Updated Property Outline Notes
Property
This is a comprehensive outline, including all major topics in Property. It includes detailed case summaries as well as summaries of the applicable law and Restatement Sections....
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Property Outline
Acquisition of Property By First Possession 7
Johnson v. M’Intosh (Acquisition by Conquest) 8
Adverse Possession for Real Property 15
Tacking between two Adverse Possessors 16
Innocent Improvers and Adverse Possession 17
Disabilities and Adverse Possession 17
Disability and Adverse Possession Hypo 18
Adverse Possession for Personal Property 18
O’Keeffe v. Snyder – Supreme Court of NJ 18
Impression Products v. Lexmark Patent Exhaustion Doctrine 23
International News Service v. AP (1918) 25
Feist Publications v. Rural Telephone Service Co (1991)- Modicum of Creativity 26
What Ownership Entails: The Rights to Exclude, Alienate, Abandon, and Destroy 28
The Right to Exclude and its Limits 28
Jacque v. Steenberg Homes (Wis. 1997) Exclusion permitted 29
State v. Shack (NJ 1971) Exclusion not permitted 29
Matthews v. Bay Head Improvement Association (NJ, 1984) Exclusion not permitted 30
Hawkins v. Mahoney (MT. 1999) (Abandonment) 31
Pocono Springs Civic Association v. MacKenzie (PA, 1995) 32
Eyerman v. Mercantile Trust (Missouri, 1975) 33
In re Estate of Kievernagel (CA, 2008) 34
Types of Defeasible Fee Simple 41
Mahrenholz v. County Board of Trustees (1981) 42
Rule Furthering Marketability by Destroying Contingent Future Interests 43
The Rule Against Perpetuities 43
Future Interests in Transferors; Executory Interests Following Defeasible Fees; and Options 46
Garner v. Gerrish (1984) – Lease for life? 49
Summary Proceedings – Purpose and Problems 51
Landlord’s Duty to Mitigate if Tenant Abandons or Surrenders 51
Prohibition on Unlawful Discrimination by Landlords 55
Federal Fair Housing Act of 1968 56
Common Law Concurrent Interests 58
Severance of Joint Tenancies 60
Riddle v. Harmon (CA, 1980) 60
Harms v. Sprague (IL, 1984) 61
Delfino v. Vealencis (CT, 1980) 64
Termination of Marriage by Divorce 65
In re Marriage of Graham (1978) 65
Termination of Marriage by Death 66
Introduction to Buying and Selling Real Estate 67
The Contract of Sale and the Deed 68
Statute of Frauds in Real Property Contracts 68
Estoppel Exception to Writing Requirement 68
Marketable Title – So Buyer isn’t Buying a Lawsuit 70
Lohmeyer v. Bower (KS, 1951) 71
Stambovsky v. Ackley (NY, 1991) 73
Johnson v. Davis (FL, 1985) 73
Remedies for Breach of Sales Contract 74
Financing Real Estate Transactions and the Financial Crisis 77
Evolving (Devolving?) Mortgage System 79
The Mortgage Crisis and the Great Recession 79
Another Major Cause of the Crisis: Securitization 79
Commonwealth v. Fremont Investment and Loan (MA, 2008) 80
US Bank v. Ibanez (MA, 2010) 81
Judicial Land Use Controls: The Law of Nuisance 82
Morgan v. High Penn Oil Co (NC, 1953) 84
Boomer v. Atlantic Cement Co (NY, 1970) 85
Spur Industries v. Del Webb (AZ, 1972) 86
Nuisance Law and Environmental Concerns 87
Private Land Use Controls – The Law of Servitude (work through easement problems pg. 484) 88
Affirmative Appurtenant Easements 91
Willard v. First Church (CA, 1972) 91
Exceptions to the SoF Requirement for Affirmative Easements – P.IL.N.E.I! 91
Easements Implied From Prior Use (Quasi-Easement) 93
Van Sandt v. Royster (KS, 1938) 93
Easements by Strict Necessity 95
Covenants Running with the Land – Hard to Enforce Because of Privity Requirement 96
Real Covenants & Equitable Servitudes 97
Burden Running and Benefit Running Hypos 99
Restatement Approach – No Court has Adopted 99
Equitable Servitudes Created 100
Real Covenant Analysis– Touch and Concern & Privity 100
Neponsit v. Emigrant (NY, 1938) 100
Legislative Land Use Controls: The Law of Zoning 102
Village of Euclid v. Amber Realty Co (1926) – ON ITS FACE 105
Nectow v. City of Cambridge – AS APPLIED 106
Household Composition Zoning 106
Village of Belle Terre v. Boraas (1974) 106
Eminent Domain, Categorical Rules and Just Compensation 108
Loretto v. Teleprompter Manhattan (1982) 111
Lucas v. South Carolina Coastal Council (U.S. 1992) 112
Public Use and Judicial Takings 113
Kelo v. City of New London (U.S. 2005) 113
Hadacheck v. Sebastian (1915) 115
Eminent Domain, Just Compensation, and Ad Hoc Balancing 116
Pennsylvania Coal v. Mahon (1922) – Taking 116
Average Reciprocity of Advantage 117
How is Hadacheck (nuisance regulation taking) distinguishable from Mahon (nuisance = taking)? 117
Penn Central v. City of NY (1978) – NOT a taking 117
Conceptual Severance – If you...
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Property Outline
This is a comprehensive outline, including all major topics in Property. It includes detailed case summaries as well as summaries of the applicable law and Restatement Sections....
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