1L - First Year Lesson Topics

This lesson will introduce students to the estate in fee tail, one of the traditional estate in land recognized by Anglo-American Law. While the fee tail has been abolished in most American jurisdictions, it continues to be recognized in modified form in a few states. Understanding the fee tail will give you a better understanding of the system of estates in land as a whole.

This lesson addresses inter vivos gifts of property, focusing primarily on personal property (but with a brief discussion of inter vivos gifts of land). The lesson explores the function of the various requirements (donative intent, delivery, and acceptance) for a valid inter vivos gift and the policies implicated by the law of gifts. The lesson includes a wide variety of problems designed to test student understanding of the rules governing inter vivos gifts.

This lesson is the third of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The lesson progresses from addressing the traditional elements required to create a tenancy by the entirety, the resulting right of survivorship and the events severing the tenancy. Also, it deals with the status of the tenancy by the entirety under modern statutes.

This lesson provides an introductory overview of landlord-tenant law, including: the historical origins of non-freehold estates; basic vocabulary of landlord-tenant law; including the concept of rent; the significance of leases as a mechanism for gaining the right to use and possess land; and the conveyance and contract theories of landlord-tenant law as alternative approaches for fashioning legal rules.

This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.

This lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses the status of joint tenancy under modern statutes.

This lesson focuses upon the requirements that claims of adverse possession must be exclusive, continuous (without interruption), and that the possessor must satisfy all elements of the adverse possession standard for the applicable statutory period.

This lesson examines the distinction between easements appurtenant (easements that exist to benefit another parcel of land) and easements in gross (easements that benefit an individual or business entity without regard to his or its ownership of land). The distinction is a crucial one in determining who is entitled to the benefit of the easement and how the easement may be used.

This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law. Implied easements are the subject of another lesson.

This lesson examines the four traditional negative easements of air, light, support, and access to water from an artificial stream, as well as three modern negative easements: easements of view, solar easements, and conservation easements.

This lesson introduces the law of easements by describing the typical scenario in which the need for an easement arises, examining alternatives to the creation of an easement, offering a legal definition of an easement and summarizing the key sub-issues that arise in this legal area.

This lesson provides an introductory overview of adverse possession.

In the Anglo-American legal system land is not owned directly. Rather, people own legal interests in land. The reason land is owned in this way goes back to the feudal origins of land holding in England. The fee simple absolute is one of the estates in land, which emerged from that system.

This lesson will help you understand: (1) the legal concept of an estate in land, (2) the legal characteristics of the fee simple absolute, and (3) what is necessary to create a fee simple absolute.

This lesson provides an introductory overview of the distinction between real property and personal property, including the historic origins of the distinction, the consequences of attaching things to land and severing things from land, the significance of fixtures, and examples of intangible property classified as real or personal property.

This lesson is the second of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The interactive tutorial progresses from addressing the traditional requirements to create a tenancy in common, the lack of right of survivorship and the status of the tenancy in common under modern statutes.

This lesson focuses on the "open and notorious" element of the common law adverse possession standard. This lesson and its accompanying questions should help students understand the following: the rationale behind the "open and notorious" requirement; how courts have applied the "open and notorious" requirement in a variety of different factual settings, including boundary line encroachments, subsurface rights, and "open lands" (large, unenclosed parcels of land not presently suitable for cultivation or development); and how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.

This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "hostile" and "under claim of right." This lesson addresses the following topics: the rationale behind the "hostile/under claim of right" requirement and how it relates to the other elements of the common law adverse possession rule; the significance of "permission to occupy land" under adverse possession doctrine, and how to distinguish between permissive and hostile claims; and the legal standards by which differing courts have evaluated the hostility of a possessor’s claim, either by reference to the possessor’s actions (objectively), or state of mind (subjectively).

This lesson focuses upon the purpose, interpretation, and application of recording statutes. The lesson should help students understand the following: what a recording act is and what functions a recording act serves; what kinds of interests are covered by recording acts, and what types of persons may claim the protection of a recording act; the three types of recording acts used in American jurisdictions and the differences between them; how to interpret the language of a typical recording act (and to distinguish between the three basic types); and how to apply a recording act to resolve conflicting claims to the same land.

In property, trusts and estates, or wills students learn a range of technical language for creating estates and interests in land and other property. They have probably prepared themselves to recognize these "magic words" and identify the interests they create. They may even find themselves enjoying this linguistic exercise, feeling as though here, finally, is an area of law in which there are "right" and "wrong" answers.

Basic Future Interests is a follow-up tutorial exercise to The Estate System. It deals with the two major classes of future interests, those retained by transferors and those created in third persons. Emphasis is given to distinguishing among the various kinds of vested remainders and contingent remainders, as well as to distinguishing between remainders and executory interests. The lesson also provides the primary treatment of the defeasible fee simple estates, with emphasis on the future interests that tailor them.

This lesson and Basic Future Interests are designed to provide a comprehensive interactive tutorial with a scope corresponding to the usual coverage of estates and elementary future interests in the typical first-year property course. They are designed to be useful either for review or as a "first learning exposure" to the subjects covered.

This lesson consists of 60 hypothetical factual situations designed to reinforce the student's skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

This lesson consists of 60 hypothetical factual situations designed to reinforce the student's skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

This lesson consists of 60 hypothetical factual situations designed to reinforce the student’s skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.