Professor Henry H. Perritt, Jr.

hperritt@kentlaw.edu

(312) 906-5128

Office: Room 713

Monday, Wednesday, Thursday 0935-1050

Spring 2014

Room C50

                                                                                             

                                                                                             

PROPERTY

Course no. 261-03

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, Seventh Edition (2010), ISBN13: 9780735588998

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

SYLLABUS

Date

Subject

Assignment numbers refer to pages in Dukeminier casebook

21 Jan.

LANDLORD-TENANT

Basics

Chicago Fair Housing Ordinance

421-438

Chicago L-19 standard apartment lease

Another Chicago model lease

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

Compare your lease terms with those of the two models, linked to supra

Note on relationship between contract and property law

 

23 Jan.

Delivery of possession, assignment or sub-lease

Hypos for class

Diagram for class (ppt)

 

438-459

You should draw a diagram of the legal relationships in Kendall v. Pestana, Inc (CB at 450), indicating sequence of transactions, contractual obligations, and property-based obligations.

 

27 Jan.

Defaulting tenants

Hypo

 

459-482

Common law

Hohfeldian terms

Optional: Distraint in IL

 

28 Jan Class cancelled, per order of the University  

30 Jan.

Landlord duties

Hypo 1

LL-T war stories (episode 4)

Diagrams

 

482-503

3 Feb.

Common interest communities

Hypos for class

Examples of property as the framework for governing social relations

Excerpt from IL condo statute

Lease termination language

896-924

Summary of tests for judicial review of association decisions

 

4 Feb.

SYSTEM OF ESTATES

Fee simple & fee tail

charts

Power Point

.html

183-201

[Do all the problems]

Better analysis of Problem 1 on page 196

Diagram of Problem 1 on page 196

6 Feb.

Life estate

basic hypo

deed of trust: html Word

202-222

10 Feb.

Defeasible estates

Hypos

.ppt diagrams for use in class

Le Bark Bois language

Le Bark Bois trust:

Word

.html

Another deed of trust (Word)

222-251

11 Feb.

Future interests

Facebook hypos

253-280

concentrate on problems; deemphasize discussion of Third Restatement at pp272-273

13 Feb.

Rule Against Perpetuities - 1

285-311

 

17 Feb.

charts reviewed in class

Rule Against Perpetuities - 2

Note on "contingent reversion"

additional diagrams for class

problem diagrams discussed in class

Additional hypos

Supplementary hypos

#1

#2

Finish problems

the following articles are completely optional; they present suggested "formulas" for address ing RAP problems (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)

 

18 Feb.

Acquisition by capture

Photo of 2000 block of Pensacola Street, Chicago, 16 Jan. 2009

Pages 14 and 15, through the end of note 4;

Page 17, beginning with note 6, through the end of page 29; and

Pages 39-55.

Chicago "dibs"

Boston parking spaces

Questions for discussion in class

Optional:

Excellent 30-page 2001 paper by Richard Epstein about parking spaces; page 16 ff explicitly addresses the Chicago "dibs" system.

 

20 Feb

Acquisition by creation

Music performances

Recording of performances

Backman

Carter

Ma

Matuszewski

Mehr

Ness

http://www.youtube.com/watch?v=0To9pF4IlFI
http://www.youtube.com/watch?v=XVaL_lUaKgQ

Sharp (sound recording)

Smith

56-70, 88-96

Music Markets and Mythologies (read abstract and introduction and skim remainder)

New Business Models for Music (read abstract and introduction and skim remainder)

Questions/hypotheticals for class

Note on Hohfeld's framework

24 Feb.

(Mr. Ruza, teaching)

MUSIC AS PROPERTY

Copyright law

Questions for discussion

(superseding Questions for discussion)

Cake analogy

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

Patents and Copyrights Clause, U.S. Const.

Copyright - expected skill levels

 

Copyright simple examples

Powerpoint

Powerpoint show

Windows media file

Music copyright hypos

[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

Copyright for directors of stage plays?

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

 

 

25 Feb No class  

27 Feb.

Adverse possession

Hypos for class

116-141

Adverse possession in the foreclosure crisis

3 Mar.

Adverse possession - 2

Paczak cabin - 2

Cellphone and personalty hypos

 

142-163

Case on adverse possession of music

4 Mar.

Acquisition by gift

Hypos

Table

17 U.S.C. sec. 202

17 U.S.C. sec. 204

Deed of gift #1

Deed #2

Songs of Civil Procedure (.mp3 files)

Backed Up by Sovereignty

Submajur

Lex Locus Delicti

Sad Tale

Smoking Gun

CDs are available from Professor Perritt

Copyright 2008 Henry H. Perritt, Jr. "Modofac" is a registered trademark.

Permission is given to Chicago-Kent students to download, perform, and distribute the musical works and sound recordings to their classmates and friends. All other rights reserved

 

 

164-181

Optional:

Loan or gift?

Deeds of gift under MD law

 

6 Mar.

Concurrent interests

diagrams for discussion in class

 

319-337

 

 

 

10 Mar .

Relations among concurrent owners

hypos #1 and #2

hypo#3

hypo#4

hypo#5

337-359

Optional: joint owners of copyright

District court case

Trial brief

Note on joint copyright

11 Mar.

Marital interests - 1

hypos for class

359-371

 

 

 

13 Mar.

Marital interests - 2

Hypos for class

Table for comparison (Word) (html)

371-396

focus on problems in casebook

IL marital property def'n

IL equitable distribution

CA community property def'n

CA statutory excerpts on community property

 

15 Mar. to

23 Mar.

SPRING BREAK  
24 Mar.

TRANSFERS OF LAND

Basics

"Contract 1"

"Contract 2"

Hypo

517-530, 541-547

Pay special attention to the form contract on pp 520-528; several hypotheticals will relate to its provisions

IL electronic signature act

 

   

25 Mar.

Contract of sale & warranties

Hypos for class:

Word

.pdf

547-570

Note on peppercorns as consideration

Note on pronunciation of "Parol Evidence Rule"

27 Mar.

Deeds

warranty hypo Word

warranty hypo .pdf

585-616 (omit Sweeney case and following questions)

optional: IL conveyancing statute

IL livery of seisin statute (.html) (Word)

Note on Covenant of Seisin

 

 

 

 

     

31 Mar.

 

 

Mortgages

Diagram

Foreclosure hypos:

Word

Illinois foreclosure statute

 

616-627, 639-644

Foreclosure cases during economic crisis

US Bank Natl Assn v. Ibanez (Word) (.pdf)

Optional:

Boyko (OH)

Nosek (MA)

GE Capital (NY)

LaSalle Bank (NY)

 

1 Apr.

 

 

Title assurance

Basic hypo

645-667

 

 

 

 

3 Apr .

Recording acts

Hypo for class (Word)

IL notice statute

 

NC registration statute

Minn. race-notice stat.

Whiteboard chart from class

 

 

667-702; omit Board of Education v. Hughes and Daniels v. Anderson, Lewis v. Superior Court and questions pertaining to them

Suit challenging MERS-complaint

7April

Title Insurance

Hypo

Diagram (ppt)

ALTA form policy - exclusions highlighted

Copyright registration

Chart (.html) (Word)

hypo for class (Word)

Sample agreement excerpts:

YTAMF videographer

YTAMF license

SDC provision

Photographer working materials

Goals and drafts

Controversy over bootlegging Wicked

714-727

 

 

 

 

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)
§ 204 Formal requirements for transfer

§ 205 Recording of transfer

 

§ 408. Copyright registration in general (.html) (Word)
§ 411 Registration as pre-requisite to suit

§ 412. Registration as prerequisite to certain remedies for infringement (.html) (Word)

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

Optional: Overview of Copyright basics

8 Apr.

LAND USE REGULATION

Basics

hypos for class

Chicago heliport wars

http://www.stopthehalstedheliport.com/
http://www.chetours.com/

HHP testimony before Chicago Plan Commission

729-759

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

 

10 Apr.

SERVITUDES

Easements

Hypos for class (Word) (html)

 

763-779

14 Apr.

Implied easements

diagrams for class

reinforcement charts

detail pic

Rosemont Avenue diagram

779-799

 

15 Apr.

Assignability, scope and termination of easements

diagrams for class

hypos for class

(note: we'll use some subset and combination of the hypos indicated on the diagrams and in the html document)

812-845

authority for conclusions on 11 April

(optional) To review easements, complete this table; if you have completed it correctly, no two types will be the same

17 Apr.

Real covenants

hypos for class

diagrams for hypos (ppt)

 

 

847-876

 

21 Apr. Equitable servitudes Comparison of easements, covenants, equitable servitudes (Word file)  

22 Apr.

ZONING

Background and basics

Managing externalities (.xls)

IL zoning statutes

Counties (.html) (Word)

Municipalities (.html) (Word)

Zoning ordinance (.html) (Word)

Notes on Euclid & DP analysis

Flow of power diagram

Zoning venn diagram

Hypos for class

 

925-944, 955-956

Is it a covenant or an equitable servitude?

 

24 Apr.

First Amendment and similar limitations

Flow chart

Chart illustrating over- and under-breadth

Hypos

 

989-1000, 1011-1029

 

28 Apr.

EMINENT DOMAIN & REGULATORY TAKINGS

Takings flow chart

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

Hypos

Gator in my kitchen

 

1061-1080

Framing question (.html) (Word)

Seizure of "under water" properties

Optional:

Article on expriopriation under European human rights law

 IL eminent domain valuation cases:

Southwestern Illinois Dev't Auth. v. Al-Muhajirum, 809 N.E.2d 730 (Ill. Ct. App. 2004)

Board of Trustees of University of Illinois v. Shapiro, 799 N.E.2d 383 (Ill. Ct. App. 2003)

29 Apr.

Physical occupations & balancing

Takings - balancing hypos (html) (Word)

 

1081-1096, 1101 n.2-1113

Note: Property is not a fundamental right for due-process analysis

Horned owl in Home Depot

 

Makeup

Third categorical rule

Regulatory takings hypos (.pdf) (Word)

 

1131-1152

 

1 May

REVIEW presentation

 

 

2 May (last class) (constructive Monday)

REVIEW questions and discussion

 Course evaluation questionnaires will be distributed at the end of class

 

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.

 

FINAL EXAMINATION

The final examination in this course will be given on Friday, 16May 2013, at 8:30 A.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, whether in electronic or paper form, 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

Matt Ruza , 2L, is the Teaching Assistant for the course. His email address is mruza@kentlaw.iit.edu. He will be available at a particular time each week, 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.

Facebook Group

I have created a closed group on Facebook called "CK Property Class Spring 2012." Please join it. It will provide a space where we can share questions and observations with each other.