PROFESSOR CARLOS BALL PROPERTY FALL, 2008 A.

MEETING TIMES We will meet for three days a week for 75 minutes each day (rather than for four days a week for 60 minutes). Specifically, we will meet on Tuesdays, Thursdays, and Fridays from 9:55 A.M. until 11:10 A.M. On a couple of occasions during the semester, we will have to hold make-up classes. Makeups will be held on Wednesdays from 9:55 A.M. until 11:10 A.M. (The first make-up is scheduled for Wednesday, September 10. See below under Reading Assignments for more information.) You should therefore not schedule anything that you cannot cancel on Wednesdays during that period. B. OUTLINE OF COURSE I. ACQUISITION OF PROPERTY INTERESTS (OTHER THAN THROUGH PURCHASE) A. Acquisition by Discovery B. Acquisition by Capture C. Acquisition by Creation (plus the Right to Exclude) D. Acquisition by Find E. Acquisition by Adverse Possession F. Acquisition by Gift II. THE SYSTEM OF ESTATES A. Possessory Estates 1. Fee Simple (Absolute) 2. Life Estate 3. Defeasible Fee Simples a. Fee Simple Determinable b. Fee Simple Subject to a Condition Subsequent c. Fee Simple Subject to an Executory Limitation

B. Future Interests 1. Future Interests in the Transferor a. Possibility of Reverter b. Right of Entry c. Reversion 2. Future Interests in a Transferee a. Vested Remainders b. Contingent Remainders c. Executory Interests 3. The Rule Against Perpetuities C. Concurrent Interests 1. Tenancy in Common 2. Joint Tenancy 3. Tenancy by the Entirety

III. THE LAW OF LANDLORD AND TENANT A. The Leasehold Estates B. Selection of Tenants C. Subleases and Assignments D. Delivery of Possession E. The Tenant who Defaults F. Duties, Rights, and Remedies IV. NUISANCE LAW A. Substantive Law B. Remedies 2

V. PRIVATE LAND USE ARRANGEMENTS A. Easements 1. Creation 2. Scope 3. Assignability B. Covenants Enforceable in Equity: Equitable Servitudes 1. Creation 2. Scope 3. Validity and Enforcement 4. Termination

VI. INTRODUCTION TO LAND USE REGULATIONS & ZONING 1. Euclidean Zoning (the Due Process Question) 2. Non-Conforming Uses 3. Variances 4. Aesthetic Regulations 5. Household Composition VII. INTRODUCTION TO EMINENT DOMAIN & TAKINGS LAW 1. The Public Use Clause 2. Regulatory Takings a. Categorical Rules b. Ad Hoc Analysis

C. READING ASSIGNMENTS (FIRST TEN WEEKS)1 NOTE: There will be no class on Thursday, September 4. We will hold a make-up for that class on Wednesday, September 10 between 9:55 A.M. and 11:10 A.M. Unless otherwise noted, the following assignments refer to the Dukeminier, Krier, Alexander, and Schill casebook (6th edition, 2006): Class Number Class #1 Class #2 Pages pp. 1-23 pp. 27-32 (you may skip Problem #4 on p. 32) Popov v. Hayashi (available on BLACKBOARD) pp. 51-59 pp. 86-93 (you may stop after Note #4 on p. 93) pp. 95-112 pp. 112-129 pp. 130-142 (you may skip problems on p. 130 and you may stop after Note #1 on p. 142) pp. 144-166 pp. 166-174 pp. 181-186 pp. 189-197 Melms v. Pabst Brewing Co. (available on BLACKBOARD) Brokaw v. Fairchild (available on BLACKBOARD) pp. 197-208 pp. 208-223 pp. 225-232 (you may ignore the paragraph that follows the heading Question on p. 231)

Class #3

Class #4 Class #5 Class #6

Class #7 Class #8

Class #9

Class #10

Class #11 Class #12

I will provide the assignments for the remainder of the semester in October. 4

Class #13

Future Interests Problems #1 (available on BLACKBOARD) Re-read p. 228 pp. 233-34; 237-39 Future Interests Problems #2 (available on BLACKBOARD) pp. 244-48 (Begin with The Rule Against Perpetuities on p. 248. You may ignore Examples 25 and 26 on p. 247; you may also skip p. 249, but do the problems on p. 248) pp. 250-51 Future Interests Problems #3 (available on BLACKBOARD) pp. 251-262 pp. 275-289 pp. 291-303 (you may skip Note #3 on p.303). pp. 303-320 (you may skip Note #2 on pp. 318-320) pp. 361-376 pp. 376-382 (you may stop after Note #4 on p. 382) Soules v. U.S. Department of Housing (available on BLACKBOARD) Bronson v. Crestwood Lake Section (available on BLACKBOARD) pp. 388-394 pp. 395-402 pp. 384-388 pp. 403-421 pp. 421-439 pp. 637-639 Pestey v. Cushman (available on BLACKBOARD) pp. 649-654 (you may stop after Note #2 on p. 654) pp. 656-663 (you may stop after Note #2 on p. 663) pp. 667-677 pp. 677-688

Class #14

Class #15

Class #16 Class #17 Class #18 Class #19 Class #20

Class #21

Class #22

Class #23 Class #24 Class #25

Class #26

Class #27

Class #28

pp. 689-697 (you may stop after the first paragraph of Note #1 at the very top of p. 697) pp. 698-701 (you may begin with Note #2 at the bottom of p. 698) pp. 716-725 pp. 709-716 pp. 736-740 pp. 746-750

Class #29

D. OFFICE HOURS Beginning on the week of September 15, my office hours will be on Wednesdays between 9:45 A.M. and 11:15 A.M. (If you need to meet with me during the first three weeks of classes, let me know and we will set up an appointment.) My office is located in Room 491. You are also welcome to e-mail me questions. (My e-mail address is cball@kinoy.rutgers.edu.) I will do my best to answer your e-mail questions within 48 hours of receiving them. If you need to reach me by phone, my office telephone number is 973-353-3008.

E. CLASS ATTENDANCE AND PARTICIPATION Class attendance is mandatory and class participation is greatly encouraged (and appreciated!). I reserve the right to consider class attendance and participation in assigning final grades. Although I almost never penalize students for poor class participation, I usually do give additional points to those students who contribute the most to the quality of class discussion during the semester. F. LAPTOP POLICY You are free to use a laptop to take class notes. All other uses of laptops during class (including looking up class-related materials on the internet, checking e-mail, surfing the net, instant messaging, etc.) is prohibited. I reserve the right to consider violations of this policy in assigning final grades.

G. THE EXAM The exam will be a closed book exam. It will consist of two essay questions and approximately 15 multiple choice questions. I will have more to say about the exam later in the term.