Professor Henry H. Perritt, Jr.

hperritt@kentlaw.edu

(312) 906-5128

Office: Room 713

Monday, Wednesday

1340-1455

Thursday 1145-1300

Spring 2016

Room 210

                                                                                             

                                                                                             

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, 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

20 Jan.

LANDLORD-TENANT

Basics

Chicago Fair Housing Ordinance

441-461

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

Optional: license or lease?

 

21 Jan.

Delivery of possession, assignment or sub-lease

Hypos for class

Diagram for class (ppt)

 

461-482

You should 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.

 

25 Jan.

Review and reinforce assignment v. sublease concepts

Defaulting tenants

Hypo

 

482-504

Common law

Hohfeldian terms

Note on Hohfeld's framework

Optional: Distraint in IL

Optional: Note on privity of estate

 

27 Jan.

Landlord duties

Hypo

Diagrams

 

504-526

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

937-964

Summary of tests for judicial review of association decisions

Skills objectives

 

1 Feb.

SYSTEM OF ESTATES

Fee simple & fee tail

charts

Power Point

.html

207-226

[Do all the problems]

Better analysis of Problem 1 on page 196

Diagram of Problem 1 on page 196

3 Feb.

Life estate

basic hypo

deed of trust: html Word

226-244 (including Leasehold Estates)

4 Feb.

Defeasible estates

Hypos

.ppt diagrams for use in class

Le Bark Bois language

Le Bark Bois trust:

Word

244-273

8 Feb.

Future interests

Facebook hypos

275-303

concentrate on problems; deemphasize discussion of Third Restatement at pp294-295

10 Feb.

Rule Against Perpetuities - 1

303-304, 307-328

 

11 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)

 

Optional: Review video, courtesy of Zia Bhatti

https://www.youtube.com/watch?v=iqr9E-YrrKQ

15 Feb.

Acquisition by capture

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

3-30, 36-40

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.

 

17 Feb

Acquisition by creation

Music performances

Video of RAP Against Perpetuities

 

 

56-71, 83-91

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

18 Feb.

 

MUSIC AS PROPERTY

Copyright law

Feist quote on originality

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

Deadly Prank from You Took Away My Flag

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

 

 

22 Feb.

Adverse possession

Hypos for class

127, 144-163

Adverse possession in the foreclosure crisis

24 Feb.

Adverse possession - 2

Paczak cabin - 2

Cellphone and personalty hypos

 

163-189

Case on adverse possession of music

25 Feb.

Acquisition by gift

Hypos

Table

17 U.S.C. sec. 202

17 U.S.C. sec. 204

 

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.

Irrevocable ermission 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

 

29 Feb.

Concurrent interests

diagrams for discussion in class

Further hypos

 

343-361

 

 

 

2 Mar .

Relations among concurrent owners

hypos #1 and #2

hypo#3

hypo#4

hypo#5

361-382

Optional: joint owners of copyright

District court case

Trial brief

Note on joint copyright

3 Mar.

Marital interests - 1

hypos for class

383-407

 

 

 

7 Mar.

Marital interests - 2

Hypos for class

Table for comparison (Word) (html)

407-422

focus on problems in casebook

IL marital property def'n

IL equitable distribution

CA community property def'n

CA statutory excerpts on community property

 

9 Mar.

TRANSFERS OF LAND

Basics

"Contract 1"

"Contract 2"

Hypo

541-558, 570-576

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

IL electronic signature act

Note on peppercorns as consideration

Note on pronunciation of "Parol Evidence Rule"

 

10 Mar.

Contract of sale & warranties

Hypos for class:

Word

586-614

 

12 Mar. - 20 Mar. SPRING BREAK  

21 Mar.

Deeds

warranty hypo Word

614-645 (omit Sweeney case and following questions)

optional: IL conveyancing statute

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

Note on Covenant of Seisin

 

 

 

 

23 Mar.

 

 

Mortgages

Diagram

Foreclosure hypos:

Word

Illinois foreclosure statute

 

645-659

 

 

24 Mar.

Mortgage foreclosure crisis

Foreclosure hypo carryover

659-686, 752-753

Suit challenging MERS-complaint

28 Mar..

 

 

Title assurance

Basic hypo

693-714

 

 

 

 

30 Mar .

Recording acts

Hypo for class (Word)

IL notice statute

 

NC registration statute

Minn. race-notice stat.

 

 

714-749

31 Mar.

 

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

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

4 Apr.

LAND USE REGULATION

Justification for restricting land use

Drone externalities

40-56

6 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

777-806

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

 

7 Apr.

SERVITUDES

Easements

Hypos for class (html)

 

809-833

11 Apr.

Implied easements

diagrams for class

reinforcement charts

detail pic

Rosemont Avenue diagram

833-847

 

13 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)

856-889

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

14 Apr.

Real covenants and equitable servitudes

(Mr. Schwerdtfeger, teaching)

hypos for class

 

 

 

892-921

 

18 Apr. No class  
20 Apr. Wrapping up servitudes Comparison of easements, covenants, equitable servitudes (Word file)

Student servitude hypos

Is it a covenant or an equitable servitude?

21 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

 

967-1004

 

25 Apr.

First Amendment and similar limitations

Flow chart

Chart illustrating over- and under-breadth

Hypos

 

1031-1042, 1062-1080

 

27 Apr.

EMINENT DOMAIN & REGULATORY TAKINGS

Takings flow chart

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

Hypos

 

 

1107-1111

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)

27 Apr

makeup class

3:00 to 4:10

Physical occupations & balancing

Takings - balancing hypos (html)

Gator in my kitchen 

Third categorical rule

Regulatory takings hypos (Word)

1131-1145, 1179-1198

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

Horned owl in Home Depot

28 Apr.

REVIEW presentation

 

29 Apr. (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 Monday, 9 May 2013, 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, 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

TJ Schwerdtfeger, 2L, is the Teaching Assistant for the course. His email address is tj.schwerdtfeger@yahoo.com. 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.