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The State University of New York |
For our first meeting on Tuesday,
September 6 (11:30-1:00, Room 108), please read and reflect on the case of
Johnson v. M'Intosh and the related materials on pages 3
through 19 of the text. Be prepared to discuss the facts, analysis,
holding, underlying assumptions, and social implications of the decision. |
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Secretary: |
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Overview
This course introduces many of the
fundamental legal arrangements used to control and allocate valuable
resources in the U.S. It is designed both to provide a critical
understanding of important features of modern society and to serve as
background for advanced courses dealing with land transactions and
financing, environmental regulation, intellectual property, corporations,
wealth transfers, and taxation. Modern institutions are presented in the
context of the evolution of property law from the gradual break-up of the
feudal system through the development of finance capitalism.
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Text
The primary text for the course is
Jesse Dukeminier and James Krier, Property,
5th Edition, Aspen Publishers, 2002.
Should you seek to buy a used copy of the book, be sure to get the 5th
edition, since we will be working quite closely with the text and
problems.
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Readings We will read and
discuss 20 to 30 and sometimes more pages per class session. You may often
find it necessary to read the materials more than once, and it is
important not to fall behind.
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Syllabus
The
syllabus below is intended to provide a strong framework to guide the
progress of the course, but it is not a fixed contract, and is subject to
change as the course proceeds. Any changes will be announced in class
(typically at the end) and posted in the
announcements section of this website. The printed syllabus below will
be modified to reflect announced changes, and you should check it
periodically as the class proceeds.
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Participation
is important, both
for you as an individual and for the class as a whole. You will be
expected to take an active role in and contribute to the course. To do so,
it will be important to complete and think about the assigned readings
before each class session. Try to bring up questions or ideas during class
discussions, or afterward if we don't address the issue in class. For the
most part, we will rely on voluntary participation, but non-volunteers
should expect to be called upon. |
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Attendance
is expected. If you will be absent
from class, please notify me by email in advance, indicating the date and
the reason for your absence.
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Meeting Times The class
will meet from 11:30 a.m. to 1:00 p.m. Tuesdays and Thursdays, and from
9:45 to 11:15 a.m. Fridays, in Room 108 O'Brian. It will generally
begin and end punctually. |
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Seating Your seat on the
first day of class will be your seat for the semester. I will circulate a
seating chart the first day, and work with it thereafter. |
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Lunches I will schedule a
series of brown bag lunches in the first part of the semester. These are
intended to allow me to get to know you better as individuals, and vice
versa, and are entirely voluntary. |
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Announcements will be made
in class when possible, but will also be posted in the "announcements"
page of this website.
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Final grades will be based
primarily on a four hour, closed book, anonymously graded final
examination. Exam grades are subject to upward adjustment for substantial
and insightful class participation. Any adjustments will be made by the
Registrar based on a predetermined formula and will result in changes of
no more than one level (e.g., B to B+).
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Tape Recording is permitted
when you are ill or wish to use recordings for review, but not as a
substitute for regular class attendance. |
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Syllabus
(subject to change as the course proceeds)
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Introduction to the Course |
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Tu. Sept. 6 |
Property Rights and Power |
Text 3-19 |
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Th. Sept. 8 |
Defining Property Rights |
19-26 |
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Tu. Sept. 13 |
Property Rights and Social Policy |
26-59 |
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Th. Sept.
15 |
Property Rights and Creativity |
59-79 |
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Neighbors in Space: Nuisance and Easement Law |
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Fr. Sept. 16 |
Introduction to Nuisance Law |
747-759 |
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Tu. Sept. 20 |
Nuisance Rights and Remedies
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759-779 |
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Th. Sept. 22 |
Types of Easements and Servitudes |
781-802 |
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Fr. Sept. 23 |
Prescriptive and Necessary Easements |
802-817 |
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Tu. Sept. 27 |
Public Trust, Assignability
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817-832 |
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Th. Sept. 29 |
Scope; Termination
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833-855
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Fr. Sept. 30 |
Negative Interests, Running Covenants
and Servitudes |
855-869 |
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Neighbors in Time: The Classical System of Estates |
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Th. Oct. 6 |
Introduction to Possessory Estates (do
the problems) |
195-220 |
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Fr. Oct. 7 |
Life Estates
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221-239 |
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Tu. Oct. 11 |
Leaseholds and Defeasible Estates
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239-257 |
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Fr. Oct. 14 |
Introduction to Future Interests (work
through the examples and problems) |
257-272 |
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Tu. Oct. 18 |
Future Interests in Transferees
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272-286 |
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Th. Oct. 20 |
The Trust; Intro to Limits on Future
Interests. After class review
problems
at
http://www.law.buffalo.edu/Academics/courses/507/eemeid/FIproblems.htm |
287-298 |
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Fr. Oct. 21 |
Rules
Furthering Marketability |
298-306 |
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Tu. Oct 25 |
The Rule Against Perpetuities. For
Thursday work the
problems
at
http://www.law.buffalo.edu/Academics/courses/507/eemeid/RAPproblems.htm |
306-338 |
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Joint Ownership |
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Tu. Nov. 1 |
Types of Co-ownership and Severance of
Joint Tenancies |
339-358 |
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Th. Nov. 3 |
Relations Among Concurrent Owners |
359-381 |
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Fr. Nov. 4 |
Practice Exam (covering only the
material on the system of estates) |
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Tu. Nov. 8 |
Review Practice Exam |
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Marital Interests |
382-399 |
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Termination by Divorce and Death |
399-419 |
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Community Property; Domestic Partners |
419-441 |
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Introduction to Land Transactions |
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The Basics (fyi:
NY Property
Condition Disclosure Statement) |
559-594 |
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Mortgages |
643-660 |
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Landlord and Tenant |
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Tu. Nov. 22 |
Introduction |
443-7; 482-90; 500-9
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Tenants' Rights and Legal Reform |
509-544 |
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The
“Takings” Question
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Th. Dec. 1 |
Changing Rights |
1132-1151 |
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Fr. Dec. 2 |
Changing Expectations
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1151-1168;
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©
Errol Meidinger