Professor Henry H. Perritt, Jr.

hperritt@kentlaw.edu

(312) 906-5128

Office: Room 713

Monday, Wednesday 1250-1440

Spring 2015

Room 510

                                                                                             

                                                                                             

PROPERTY

Course no. 261-01

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, Eighth Edition (2014), ISBN 978-1-4548-3760-2

  • 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

Delivery of possession, assignment or sub-lease

Hypos for class

Diagram for class (ppt)

 

443-482

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

Can you draw a diagram of the legal relationships in Kendall v. Pestana, Inc (CB at 473), indicating sequence of transactions, contractual obligations, and property-based obligations.

Note on relationship between contract and property law

 

26 Jan.

Defaulting tenants

Hypo

Landlord duties

Hypo 1

LL-T war stories (episode 4)

Diagrams

 

 

 

 

482-530

 

 

28 Jan.

Common interest communities

Hypos for class

Examples of property as the framework for governing social relations

Excerpt from IL condo statute

Lease termination language

937-966

Common law

Hohfeldian terms

Optional: Distraint in IL

 

2 Feb.

SYSTEM OF ESTATES

Fee simple & fee tail

charts

Power Point

Life estate

basic hypo

deed of trust:Word

 

 

207-244

4 Feb.

Defeasible estates

Hypos

.ppt diagrams for use in class

Le Bark Bois language

Le Bark Bois trust:

Word

Another deed of trust (Word)

 

244-274

 

9 Feb.

Future interests

Facebook hypos

 

275-303

[Do all the problems]

Better analysis of Problem 1 on page 196

Diagram of Problem 1 on page 196

11 Feb.

Rule Against Perpetuities - 1

307-341

concentrate on problems beginning on page 312

focus on common-law rule; merely browse wait-and-see and other reform approaches

16 Feb.

problem diagrams discussed in class

Rule Against Perpetuities - 2

Note on "contingent reversion"

additional diagrams for class

Additional hypos

Supplementary hypos

#1

#2

 

Continue with RAP 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.

Slack

 

 

23 Feb.

Acquisition by capture

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

What constitutes property?

 

Pages 3-23 (omit notes on p23); pages 26-30

pages 40-50; concentrate on concept of externalities

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.

 

 

 

25 Feb.

Acquisition by creation

Music performances

Joey Papoutsis's copyright controversy

 

56-57 (omit International News Service); 63 (begin with note 4)-76

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

 

 

2 March

MUSIC AS PROPERTY

Copyright law

Questions for discussion

 

Cake analogy

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

Patents and Copyrights Clause, U.S. Const.

Copyright - expected skill levels

Property in one's persona

 

 

 

 

 

 

 

Copyright simple examples

Powerpoint

Powerpoint show

Windows media file

[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

83-91

College football players

9th Cir. decision

O'Bannon remedy

 

 

 

4 March

 

Adverse possession

Hypos for class

 

144-169

Adverse possession in the foreclosure crisis

 

 

9 March

Adverse possession - 2

Paczak cabin - 2

Cellphone and personalty hypos

170-189

Case on adverse possession of music

11 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

 

 

189-206

Optional:

Loan or gift?

Deeds of gift under MD law

 

16-22 Mar. Spring break  

23 Mar.

Concurrent interests

diagrams for discussion in class

Relations among concurrent owners

hypos #1 and #2

hypo#3

hypo#4

hypo#5

343-382

Optional: joint owners of copyright

District court case

Trial brief

Note on joint copyright

 

 

 

25 Mar.

Marital interests

hypos for class

Hypos for class

Table for comparison (Word) (html)

383-418

focus on problems in casebook

IL marital property def'n

IL equitable distribution

CA community property def'n

CA statutory excerpts on community property

 

 

 

30 Mar.

TRANSFERS OF LAND

Basics

"Contract 1"

"Contract 2"

Hypo

Hypos for class:

Word

.pdf

 

541-558, 570-600

Pay special attention to the form contract on pp 520-544; several hypotheticals will relate to its provisions

IL electronic signature act

 

   

1 Apr..

Deeds

warranty hypo Word

warranty hypo .pdf

614-634, 638-645 (omit Sweeney case and following questions)

optional: IL conveyancing statute

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

Note on Covenant of Seisin

 

 

 

 

6 Apr.

 

 

Mortgages

Diagram

Foreclosure hypos:

Word

 

Illinois foreclosure statute

645-651, 659-686

 

 

8 Apr.

 

 

Title assurance

Basic hypo

Recording acts

Hypo for class (Word)

IL notice statute

 

NC registration statute

Minn. race-notice stat.

Whiteboard chart from class

693-725, 741-749, 752-753

Suit challenging MERS-complaint

 

 

 

13 Apr.

LAND USE REGULATION

Nuisance

Intro. to servitudes

hypos for class

 

777-806

809-811, 820 note before Holbrook

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

15 Apr.

(Mr. Geske, teaching)

Express easements; easements by estoppel and prescription; implied easements; scope of easements; termination

Hypos for class (Word) (html)

diagrams for class

reinforcement charts

detail pic

diagrams for class

hypos for class

 

811-814, 820-833; 839-847; 865-870; 874-875; 886; 887-889

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

 

20 Apr.

Real covenants

hypos for class

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

809-811; 892-921

  Is it a covenant or an equitable servitude?

22 Apr.

ZONING

Background and basics

Managing externalities (.xls)

Hypos for class

 

967-986; 1018-1020

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

 

 

27 Apr.

EMINENT DOMAIN & REGULATORY TAKINGS

Takings flow chart

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

Hypos

Gator in my kitchen

Flow chart

Chart illustrating over- and under-breadth

Hypos

Takings - balancing hypos (html) (Word)

 

Third categorical rule

Regulatory takings hypos (.pdf) (Word)

 

1107-1123; 1131-1145; 1179-1198

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)

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

Horned owl in Home Depot

 

29 Apr.

Slack and comprehensive hypos

 

 

1 May (last class) (constructive Monday)

REVIEW presentation

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 Wednesday, 6 May 2015, 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

Paul Geske , 3L, is the Teaching Assistant for the course. His email address is pgeske@kentlaw.iit.edu. He will be available on Mondays, from 11:30-12:30, at a table on the second floor of the Spak, 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.