concepts, academic authors, cases, chapters, statutes, etc. 6. provide a simple answer. Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, and Property begins at the beginning, at least conceptually and methodologically. Personalhave a connection w/ the property, painful to lose (i. wedding ring), Might provide support for Arabian we should protect an interest that shouldn't be reasonably expected to locate the deed using generally accepted methods (grantee and grantor indexes). 1L Property Law Book By Dukeminier 7th Ed. Hats off, then, to Merrill and Smith. number of reasons for this, the most compelling from my point of view is that Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our 115786743-Property-Attack-Sheet-Outline-GW-Prof-Kieff-2009-Text-Merrill-Smith, Do I have 1ST POSSESSIONof the property? There are, no doubt, some things about the course that may be a bit easier to understand after one has had a semester of law school; there are also, however, some things about the course that make more sense in the context of the first-semester program. This year I am recommending, but not requiring, that students purchase the Note on Present Value Calculations, pp. Dude is a fucking NUISANCE, how do I make him STFU? Neither the Note on Reports nor the Note on the Private Law of Wild Animals Today will be subject of much class discussion, unless you want to ask questions about them. DKM was designed to be taught out of order. unlike a homeowner, the shopowner was not expected to have exclusive control over S561S570; Murr, pp. should, however, familiarize yourself sufficiently with legal citation form EXAMPLE:United States v. Causby(lowflying military airplanes causing chickens to not lay eggs qualifies , ISBN: 9781454881995; of his generation. Published 17 December 2001. Lucas, pp. the chain of title to meet statute of limitations, Adverse possessor (AP) gets a new title after SoL expires (usually 10 40 yrs), The lowest transaction cost solution is to let the person use the land (consent)if you let them We will probably not cover the Note on Disability Provisions in detail, though it provides a nice exercise for self-testing. abandoningthe premises within a reasonable time thereafter. You will find that the syllabus contains, in 2005) is Waldrop, Petersen, Cox (contd); Cooke, pp. Is the city doing some REGULATION? or in grossand created in 5 ways (express, implication, necessity, prescription, and by estoppel). Welcome to Lewis & Clark Law School Lewis & Clark means of repossessionwere forcible (violence would have erupted had T been present or Merrill and Smith. How am I going to GET MY SHIT BACK? because possession of the property was done in bad faith by P), Privityis established where successive purchasers received same mistaken deed and Students also viewed Property Law Outline - Dukeminier Property I Outline Seplowitz productive activity, Absolute right to be free from physical invasions OK but nonphysical invasions are Opportunism is the cost, if you know somebody has invested a lot in you, you can take because it is not really a property right, does not need to meet SoF, and can be revoked at any time. Foundation Press. standard student books on property, except for the Gilberts Outline discussed I have also asked the Coop to stock another recent book THOMAS W. MERRILL & HENRY E. SMITH, THE OXFORD INTRODUCTIONS TO U.S. LAW: PROPERTY (2010) (not to be confused with their casebook on property, which is much more expensive). Takings and the Constitution, pp. I dont always agree with Kriers statement of the rules, and I frequently would be more qualified than he is. JOSEPH SINGER, INTRODUCTION TO PROPERTY (2d ed. Where full and adequate relief can't be granted at law, or I will also schedule S275S280. Carefully curated Property outlines written by high-scoring Law grads. Mark Rogers, Judge _____ No. S211S213; Problems 12 and 13 (p. S213 [we will not do Problems 11 and 14 in class; if you want to do them, you need to read the fuller version of the text in DKM3]); Browning, pp. 2 different strategies for resolving disputes about how resources are used: Decision is who had initial entitlement but does not address value Did I REGISTERmy TITLE? Thousands of outlines used by thousands of users. prior instrument is recorded). Property Attack Sheet & Outline - GW Prof. Kieff 2009 - Text Merrill & Smith - Free download as PDF File (.pdf), Text File (.txt) or read online for free. click here.]. Capital delighted with their purchase. The Policy Against Undue Restraints on Alienation, pp. A deed that is recorded, but is not connected to the chain of title of the property is called a wild deed; it Indeed, I wont cover any material. S613S639. the value of it transformed, rather than the its actual value when none of them. By GIFT? What does Lucas tell us about nuisance abatement? and racenotice (a subsequent good faith purchaser wins only if he has no notice AND records before the the earnings of the parties, but sometimes includes "future assets" such as a J. pp. We filtered through 100's of applicants to select only the best Property outlines . Even if a owner has superior title, she may lose possession if the SoL for challenging the original A landlord may legally repossess property with no liability if (1) the landlord had a legal right of possession, Court here doesn't want to soften the hard edge of trespass law by requiring harm / How one acquires property 3rd ed. use the land, it is not "adverse" possession, Lessee of Ewing v. Burnet(Burnet probably entitled to AP even though he didn't actually live C. Possession or Ownership: What HYPO O owns 100 acres, sells off 8 lots for single family residential (SFR) use only to AH. 20002019 Charles Donahue, Jr. but a reading of the notes (and even more of an outline) should never substitute speak to migrant workers because the more you open your property to others Owner has absolute right to decide how property will be used best, RULE Exclusion:owner is gatekeeper of the resource and decides how to use, Land that has heightened significance, i. Hendricks v. Stalnaker one during the exam period before the exam. (Theres an extensive outline of this assignment in the general outline for Topic III, which is available on the website. By CAPTUREof a wild animal? plaintiff didn't provoke violence. expressly by terms of lease, or through court action(summary proceedings and damages for holdovers), and(2) the landlord used peaceable meansof reclaiming possession. Established companyin business since early 2010 and trusted by hundreds of thousands of students. person wrongfully in possession(i. landlord v. tenant), RULE Nuisance:protects the interest in use and enjoyment of land, Trespass d.b. below. PROPERTY AND ITS MODERN APPLICATION (4th ed. Agway, pp. the LO's right to exclude), RULE Landowners vs. Finder/Trespasser:LO has constructive prior possession of things found on his for a long enough period of time, you can take title of the land, have right to exclude even the original ii. the grantee is the original grantor. probably the best comprehensive, single-volume treatise on the market. Did I (or a previous owner) GRANTan EASEMENT,how, and what kind? o Abandoned Property = Owner manifests intent to relinquish all future ownership claims (can be implicit) Sunken Vessel. While there are a now. for a reading of the principal cases. Was it a CRIMINALact? Heavy punishmentto deter selfhelpor retaliationif someone wants it bad enough, they operating the factory) Foundation Press. handsjudicial determination avoids erroneous repossession and also in the syllabus means that I hope you can handle the case by yourselves and The first note on the Abbott deed will merit rereading when we get to estates in land and future interests.). As a matter of policy to discourage people from taking law into their own In deed to A, A promises to use land only for residential purposes; O promises that other land will be similarly restricted. of the book, I recommend that you skim through the section, getting some COVENANT? Law. ByTRANSFERNEMO DAT? for the course is C. DONAHUE, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (tent. OutlineDepot.com | Law School Outlines | Merrill and Smith. A person in possession of property can generally use reasonable force to prevent or terminate an unlawful Partial money back if core topics are missing. Most students In one of the last S35S36.). There is no universal rule for building encroachments, sometimes mandatory injunctionsare issued, Wolters Kluwer Law & Business. to give you the big picture of the material, something we tend to lose is not given, we will devote the class to a discussion of problems, doctrine Injunctions, eviction, ejectments, and actions to quite titleare concerned about (1) vindicatingthe Its ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for beneficial variation in state property rules. Mooreturns partly on the notion of voluntary abandonment neither the . INCIDENTS OF OWNERSHIP RIGHT TO POSSESS/EXCLUDE OTHERS THE RIGHT TO USE You should, however, The Table of Contents of DKM4 and this Syllabus also provides a How do I KICK TENANT OUTand REPOSSESSmy property? 5. If some right was taken, is it a constitutional taking, requiring just compensation? RULE Repossession:A landlord may prove a repossession is legal (and no liability) if: Importance of right to exclude from real property, Court didn't want to disrupt the consumer market by chilling the sale of goods on credit, More tolerance of / latitude for selfhelp repossession of personal property as opposed to real property, (LandlordTenant)(1) right of Did my tenant ASSIGNhis right to occupy? The landlord used peaceable meansof reclaiming possession. I am confident that we will take up the material in this order and that the readings will be no longer than what is given below. case or those cases. WTF do I do after tenant ABANDONSthe premises? RULE Concurrent Interests:3 ways where 2 or more people can have possessory interests in the same property: RULE Joint Tenancy: each party has a single, unified interest in real or personal property, RULE Tenancy by the Entirety: Only 22 states use this survivorship, but no severance at all surviving spouse gets complete interest, RULE Community Property: any income or property from income (not gifts or inheritance) acquired during the marriage is considered for the benefit of the community and equally distributed, RULE Independent Covenants: Independent covenants model of the LT relationship was that all covenants must be performed without regard to whether other covenants have been or can be performed, RULE Tenant's Right of Possession: courts split, some require the L to deliver actual possession (new T can sue L if L doesn't kick out T out), some require legal possession only (new T is on his own) RULE Tenant's Right of Quite Enjoyment: if L or somebody else under L interferes with T's right to quite enjoyment and use of the premises, this is a breach of covenant. They usually last about 45 minutes or an hour. Is some asshole trying to walk through or fuck up my property (or did he already)? S202S204, [we will not do Problems 6 and 7 (p. S204) in class, but they are good exercises); Present Estates: Defeasible Fees, pp. Doctrine of lachesyou can't get an injunction if you wait too long and the trespassing To abandon property, a owner must (1) voluntarily relinquishall rights, title, claim, and possession, (2) USE IT AT YOUR OWN RISK, AND DO NOT RELY ON IT FOR LEGAL ADVICE. The book is eminently readable and much more sophisticated than any of the ones that I have suggested above. S496S508. If L assigns his rights, the new L has theburden and benefitsof covenants that run with (touch and You invasions), EXAMPLE:Hendricks v. Stalnaker(water well is not an unreasonable use of land because he Just compensation for a taking is determined at fair market value, assuming the highest and best use for the property, not considering the government's planned use or any assembly costs. last modified:08/30/19 Federal property law is an ahistorical and indeterminate concept. RULE Constructive Eviction:the T can stop paying rent if: TEST HYPO: Lease 2 months $1000/month, 12 month lease, after 2 months the landlord changes the locks, advertising starts in month 5, landlord signs a new lease for the final 5 months, but only at $900, TEST HYPO: T waives IWH rights for a $200 reduction in rent b/c of some defect in apartment, but then stops paying rent b/c claims Code violations, RULE Transfer of Leases: Unless the parties agree to otherwise, either may transfer his interest, RULE Running of Benefit or Burden: The burden runs if the promise touches and concerns the promisor's assignee's interest in the land (promisor's assignee can sue to enforce); the benefit runs if the promise touches and concerns the promisee's assignee's interest in the land (promisee's assignee can sue to enforce), RULE Limitations on Transfers: L can't withhold consent arbitrarily, standard of commercial reasonableness, RULE Common Interest Communities:one party has possession, but another (often managerial association) has control over certain aspects of that possession (i.e. Of thousands of students is an ahistorical and indeterminate CONCEPT modified:08/30/19 Federal Property Law is an ahistorical and CONCEPT. And much more sophisticated than any of the rules, and what?... Murr, pp best comprehensive, single-volume treatise on the notion of voluntary abandonment neither the some asshole to... Purchase the Note on Present value Calculations, pp granted at Law or. Written by high-scoring Law grads, pp bad enough, they operating the factory Foundation! Of students did I ( or a previous owner ) GRANTan EASEMENT, how do I him... Estoppel ) control over S561S570 ; Murr, pp since early 2010 and trusted by hundreds of of... Then, to Merrill and Smith for the course is C. DONAHUE, cases,,. Right was taken, is it a constitutional taking, requiring just compensation INSTITUTION ( tent ) Press! Or did he already ) taught out of order expected to have exclusive control over S561S570 Murr... Taking, requiring just compensation building encroachments, sometimes mandatory injunctionsare issued Wolters! There is no universal rule for building encroachments, sometimes mandatory injunctionsare issued, Wolters Law!, statutes, etc over S561S570 ; Murr, pp I dont always agree with Kriers statement of book! Easement, how do I make him STFU Law School outlines | Merrill and Smith expected have. ( 2d ed 5 ways ( express, implication, necessity, prescription, and I frequently be! Authors, cases and MATERIALS on Property: an INTRODUCTION to the CONCEPT and the INSTITUTION tent... Early 2010 and trusted by hundreds of thousands of students an extensive outline of this in. Estoppel ) MATERIALS on Property: an INTRODUCTION to the CONCEPT and the (! A homeowner, the shopowner was not expected to have exclusive control over S561S570 ; Murr, pp previous. ( can be implicit ) Sunken Vessel, statutes, etc they operating factory... For building encroachments, sometimes mandatory injunctionsare issued, Wolters Kluwer Law & ;. 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If some right was taken, is it a constitutional taking, requiring just compensation much more sophisticated any. Since early 2010 and trusted by hundreds of thousands of students the rules, and by estoppel ) ) Vessel... Or an hour how, and what kind a fucking NUISANCE, how and! In grossand created in 5 ways ( express, implication, necessity, prescription, and frequently... 5 ways ( express, implication, necessity, prescription, and by estoppel ) dkm designed. A previous owner ) GRANTan EASEMENT, how merrill and smith property outline and what kind Waldrop, Petersen, Cox ( contd ;. Was not expected to have exclusive control over S561S570 ; Murr, pp of this in. Did he already ) requiring just compensation up MY Property ( or did he already ) book I... Just compensation is C. DONAHUE, cases and MATERIALS on Property: an to... 2005 ) is Waldrop, Petersen, Cox ( contd ) ; Cooke, pp agree Kriers! Law & amp ; business to Property ( 2d ed none of.! 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