Professor Henry H. Perritt, Jr.

hperritt@kentlaw.edu

(312) 906-5128

Office: Room 713

Monday, Tuesday, Thursday 0935-1050

Spring 2007

Room 270

                                                                                             

                                                                                             

PROPERTY

COURSE INFORMATION

COURSE CONTENT

Property is a four-credit one semester course in the law of ownership and control of tangible and intangible things.

REQUIRED COURSE MATERIALS

·        Jesse Dukeminier et al, Property (6th ed. 2006)

·        American Law Institute, Concise Restatement of Property ( )

  • Supplementary materials available on the Website. www.kentlaw.edu/perritt/courses/property.

SYLLABUS

Date

Subject

Assignment (numbers refer to pages in Dukeminier casebook)

22 Jan.

Acquisisition by capture

1, 14 n.4, 17-45

Boston parking spaces

Questions for discussion in class

23 Jan.

Acquisition by creation

Music:

"Law of Property"

"Property Scale"

Lyrics:

There was a whale from long ago,
He said to me, "Sister, you must know,
Make me bleed - it's only talk.
You must consult the great John Locke."
If you improve it, it's yours to keep.
The right to property is more than skin deep.
Whoa, whoa. That's the law of property.

 

 

51, 55-69, 86-93

Music Myths (Word version)

Questions/hypotheticals for class

Note on Hohfeld's framework

Diagram for discussion in class (Word version for downloading and annotation)

25 Jan.

MUSIC AS PROPERTY

Copyright law

Flow chart for use in class (.html) (.ppt)

Patents and Copyrights Clause, U.S. Const.

[important terms or provisions in longer, more complex sections have been highlighted in red] 17 U.S.C.

Section 101, definitions; role of fixation

Section 102, defining copyright

Section 103, copyright in derivative works

Section 106, defining "trespass" on copyright; the right to exclude

Section 107, fair use privilege

Section 109, first-sale doctrine; right to exclude rentals

Section 114, (limited) rights in sound recordings

Section 201, joint ownership; transfer of copyright

1995 United States Court of Appeals case involving copyright in the entertainment industry

Music copyright hypos

Copyright for directors of stage plays?

(optional) Martignon case, holding anti-bootlegging statute unconstitutional

 

 

29 Jan. Adverse possession 112-136
30 Jan. No class

 

1 Feb.

Adverse possession - 2

charts .ppt .html

136-156

Case on adverse possession of music

 

5 Feb.

Acquisition by gift

157-172

6 Feb.

SYSTEM OF ESTATES

Fee simple & fee tail

173-189

8 Feb. Life estate

189-206

12 Feb.

Defeasible estates

.ppt diagrams for use in class

206-224

 

13 Feb.

Future interests

Additional hypothetical conveyances for class

225-244

 

15 Feb.

Rule Against Perpetuities - 1

244-262

 

19 Feb.

Rule Against Perpetuities - 2

diagrams used in class

262-274

(courtesy of Steve Anderson)

Robert Hopperton, Teaching the Rule Against Perpetuities in first year
property, 31 U. Tol. L. Rev. 55

John Makdisi, How to do a Perpetuities Problem, 36 Clev. St. L. Rev 95
(1987) (500K .pdf file)

 

 

 

20 Feb.

Concurrent interests

diagrams for discussion in class

275-291

22 Feb.

Relations among concurrent owners

291-310

 

 

 

26 Feb.

Marital interests - 1

hypos for class

310-335

 

27 Feb.

Marital interests - 2

335-359

 

1 Mar.

LANDLORD-TENANT

Basics

Chicago Fair Housing Ordinance

361-384

come to class with one or more of your own, or one of your friends', "war stories" about LL-T controversies; do the same for the following classes focused on LL-T law

 

5 Mar.

Delivery of possession

384-403

 

6 Mar.

Defaulting tenants

 

403-421

8 Mar. Landlord duties 421-444

10-18 Mar.

SPRING BREAK

19 Mar.

TRANSFERS OF LAND

Basics

451-472

Pay special attention to the form contract on pp 454-462; several hypotheticals will relate to its provisions

 

 

20 Mar.

Contract of sale

472-494

 

22 Mar.

Warranty

494-513

MWRD v Burciaga litigation (complaint; summary of court's decision; deed) - will be discussed in class

 

26 Mar.

Deeds

diagram of hypo

513-532
27 Mar.

Delivery of deeds

Mortgages

532-541

541-558

29 Mar.

Title assurance

diagrams for use in class

 

559-580

from Kurt Iselt's title search--will be the basis for hypos (.html) (Word)

Title search: going all the way back

 

2 Apr.

Recording acts

IL notice statute

 580-600

 

3 Apr. Recording acts -2 600-624

5 Apr.

Copyright registration

Chart (.html) (Word)

Find the U.S. Copyright Office website and conduct a copyright registration search on at least two names of authors or titles of a literary or musical work or sound recording. Be prepared to discuss your results

17 U.S.C.
§ 201. Ownership of copyright (.html) (Word)
§ 408. Copyright registration in general (.html) (Word)
§ 412. Registration as prerequisite to certain remedies for infringement (.html) (Word)

La Resolana v. Clay Realtors Angel Fire (.html) (Word)

9 Apr.

LAND USE REGULATION

Basics

637-666

Restatement (Second) of Torts sections on nuisance (.html) (Word)

10 Apr.

SERVITUDES

Easements

667-688

 

10 Apr. makeup class

1200-1330

Room 170

Implied easements

audio file (20 meg .wav)

688-709

12 Apr.

Assignability, scope and termination of easements

diagrams for class

709-721, 725-740

 

16 Apr.

Real covenants & equitable servitudes (Frank Bieszczat teaching)

Pictures of class

740-767, 786-792

 

17 Apr.

Common interest communities

798-821

 

19 Apr.

ZONING

Background and basics

IL zoning statutes

Counties (.html) (Word)

Municipalities (.html) (Word)

Zoning ordinance (.html) (Word)

 

821-841

 

23 Apr.

First Amendment and similar limitations

891-918

24 Apr.

Exclusionary zoning

flow chart (.ppt)

918-939

26 Apr.

EMINENT DOMAIN & REGULATORY TAKINGS

for discussion in class: IL eminent domain statutory excerpts (.html) (Word)

941-959

Framing question (.html) (Word)

 

30 Apr.

Physical occupations & balancing

 

959-973, 980-1004

 

1 May

Third categorical rule

Course evaluation questionnaires will be distributed at the end of class

 

1006-1030

 

 

3 May

REVIEW

 

 

 

 Before end of semester

 

Conduct a title search for an actual piece of real property in a land records office, and send a brief report of what you did and what you found to propdocs@kentlaw.edu. You may use any piece of property anywhere in the world, and search the records of whatever governmental entity maintains records for that property.

RECOMMENDED SECONDARY MATERIALS

Restatement (Third) of Property (West Group)

 

FINAL EXAMINATION

The final examination in this course will be given on Friday, 18 May 2006, at 1:15 P.M. and at no other time. It will last three hours.

In the final examination, you are responsible for all the materials discussed in class and in the assigned readings. Obviously, the examination cannot touch upon all that material, but anything we do in class, anything you see in your land-register- visit, and anything in the assigned readings may be tested. You may bring any materials, whether commercially prepared or not, to the final exam, but successful performance on the exam will not require original research. Prepare for the exam as though it were “closed-book.”

ATTENDANCE

Much of the material and most of the legal analysis in this course is not contained in the assigned readings. Consequently, class attendance is an indispensable part of the course. Failure to attend regularly will result in exclusion from the course and a grade of “E” Sporadic absences will result in a lowering of your grade, in the discretion of the instructor. The instructor reserves the discretion to determine what constitutes “regularly” and “sporadic.” The only safe course is to attend every class.

TARDINESS

I strongly discourage tardiness and reserve the power to lower your grade for tardiness.

TEACHING ASSISTANT

Frank Bieszczat , 2L, is the Teaching Assistant for the course. His email address is fbieszczat@kentlaw.edu. He will be available every ____ from ___ PM to ___ PM, in the 2d floor cafeteria area, for questions and will give supplementary presentations on certain material.

HATS

Do not wear hats in class.

WANDERING IN AND OUT OF CLASS

Once you are present in the classroom, please stay there, unless you have a genuine emergency. If an emergency requires you to leave the classroom, do not return.

CLASS PARTICIPATION

I teach “Socratically.” Every student is expected to be prepared in every class. Any student may be called on at any time. Volunteering is encouraged. There is no “right” answer; only cogent and persuasive arguments, backed up by legitimate legal authority.

VISITING A LAND REGISTRATION OFFICE

Visiting a land registration office and doing a title search is a mandatory requirement for credit in the course. You may do this at any time during the semester. After attending, you must send me an email, to propdocs@kentlaw.edu, briefly describing what you observed and explaining how it relates to one or more specific subjects in the syllabus.

FINAL GRADE

Your final grade will be determined by how well you do on the final exam, except that I reserve the power to decrease your final grade for unsatisfactory classroom participation, failure to complete any drafting exercises satisfactorily, failure to complete the land-registration-office visit, or excessive absenteeism or tardiness. I also reserve the power to increase your final grade for outstanding classroom participation. Evaluation of your final examination will emphasize reasons given, analysis and logic as well as the conclusions drawn. Organization, legibility, and clarity are very important.  A shorter answer that is well organized and evidences a clear understanding of basic concepts and their interrelationships is better than a long answer with disconnected fragments of information.

 

OFFICE HOURS & APPOINTMENTS

I welcome interaction with students. I will be happy to make an appointment to see any of you individually or in groups. I do not have specific office hours. If you want to meet, please set up an appointment by emailing me at hperritt@kentlaw.edu, calling me at (312) 906-5098, emailing or calling my assistant, Ms Patricia O’Neal at (312) 906-5128, poneal@kentlaw.edu, or by seeing me before or after class.

WEBSITE

http://www.kentlaw.edu/perritt/courses/property

The Website contains the syllabus and supplementary materials. Please check the Website regularly, particularly before you begin preparing for a particular class and again before coming to class. I will update it regularly.

E-MAIL

I may communicate with you by e-mail at any time throughout the semester. Check your e-mail regularly. If you would like to communicate with me via e-mail, please feel free to do so.