Office, Office Hours, and Faculty Assistant
The final grades are available through CaneLink. This was the distribution in Property (D2):
The average grade was 3.011.
As you may know, there is a required distribution of grades in first-year substantive courses (other than Spring semester electives). It is described at p. 12 of the Law School Handbook, which sets out the School’s academic policies:
Policy on Grade Changes. As you may know, under the Law School Handbook (p. 13), a faculty member cannot change a final grade in a exam course unless there is a mechanical error (such as an error in addition of points) that would affect the grade:
Review of Exam Answers. Under the Law School Handbook, p. 13, students have a right to review their exam answers in case of essay exams. If you want to review them on your own, please email my assistant, Ms. Sue Demmings. (If the email link here doesn’t work, you can find her email here.) No appointment is needed simply to review your answers. Ms. Demmings will send you a copy of the exam, model answers, and your answers. Pleae note that the model answers are being put together and may not be immediately available.
Please also note that I don’t write comments on answers, so feedback from simply reviewing your answers without meeting with me will come from comparing model answers (when they become available) with your own answers. Keep in mind that good answers, unlike Tolstoy’s happy families, are not all alike. Good answers to a given question may vary significantly, especially in the positions taken.
Feedback on Exams. I will be happy to give you feedback on what you might do on future exams to improve your performance. If you want to schedule a meeting, please e-mail Ms. Demmings and let her know, and she will schedule an appointment.
If your overall grade performance this semester isn’t what you were hoping for, keep in mind that many students in the same situation in past years have improved their GPA significantly in the second semester. The key to doing so is to go over your fall exams with all the professors who gave essay questions, and then take action to address any problems you discover in doing so. Also, if you did generally well but there is one course where you fell short of your expectations, resist the temptation to write it off as one of those mysteries of grading. It’s still worth it to go over the exam, because there might be some feature of your approach to writing answers that doesn᾿t matter on some exams but hurts you on others.
The final exam will be closed book, 4 hours.
Past Exam Packet New!
In addition to the final exam, there will be graded mid-term exams. All will be closed book. I will also make some practice exams available to help you prepare for the mid-terms, and I will provide feedback on the mid-term exams so you can learn best how to take law school exams. Near the end of the term I will provide some previous final exams to help you prepare for the final exam.
The dates and times of the mid-term exams are as follows.
Important: you must read the Ground Rules regarding attendance on exam dates, as well as attendance on class days.
There will be some Practice Questions throughout the semester. Please see the Practice Questions page for links to the Practice Questions.
Your final grade will be determined as the result of your (1) exam grades, (2) class participation credit, if any, and (3) class attendance penalty (if any):
|I may adjust the Syllabus as the semester progresses, depending on how quickly we move through the material. If I make any changes to it I will highlight what has changed.|
A. The Right to Exclude
1. Jacque v. Steenberg Homes, Inc.; State v. Shack
2. Comparative Perspectives
3. The Florida Migrant Farmworker Statute
4. Practice Question 1 (Mandatory)
B. Relativity of Title: Tapscott v. Lessee of Cobbs
II. Transfers of Ownership: Voluntary & Involuntary
A. Involuntary Transfers
1. Eminent Domain
CB 997-1017 (through Note 5)
Supp. 23-26, 27-28 (optional), 29-33
2. Adverse Possession
a. The Common Law
i. Introduction; Van Valkenburgh v. Lutz
ii. Mannillo v. Gorski, Howard v. Kunto, and Other Issues in Adverse Possession
b. The Florida Adverse Possession Statute
Supp. 34-42 (through Note 2) (Florida Adverse Possession Statute & Related Materials)
Supp. 50-51 (optional)
ii. Border Strips
Supp. 42 (Note 3)-48
CB 94 (Note 3) (review)
B. Voluntary Transfers: The Sale of Land
2. Disclosure & Warranties
a. Caveat Emptor; The Duty to Disclose
i. Stambovsky and Johnson v. Davis
Supp. 52-59; Supp. 141 (Fla. Stat. ch. 689.25)
ii. Broaddus v. Woods
Supp. 64-65; Supp. 66-78 (skim)
Supp. 141-143 (State statutes)
Supp. 60-63 (optional)
b. The Warranty of Habitability or Quality
Supp. 144-150 (McDonald v. Mianecki & Fl. statute)
c. Florida Bar Exam Question
CB 595-600, 611 (Section 2)-617
Supp. 152 (Problems)
5. Recording Statutes and the Chain of Title
a. Introduction; Title Searches
CB 711-714, Supp. 156-164
b. Types of Recording Acts
CB 682-685, Supp. 166-168 (on Oregon’s statute)
Supp. 165, Problems 1-7 (under Oregon statute, and
others listed on Supp. 165, some of which are in the casebook,
and some of which are at Supp. 169-170)
c. Recording Act Problems
Supp. 165-166 (remaining problems)
682-685 (review), CB 685-686, 611 (Estoppel by Deed)
III. Forms of Ownership and Possession
A. Concurrent Ownership
1. In General
CB 387-398, 403-405
Supp. 233 (Fla. Stat. § 689.15)
2. Marital Interests
Supp. 232, 233 (Fla. Stat. §§ 689.11, 689.15)
B. Landlord-Tenant Law
1. The Creation and Characteristics of the Landlord-Tenant Relationship
CB 461-463, 468-471
2. The Implied Warranty of Habitability
a. Common Law
CB 533-546, 548-550
b. The Florida Statute
Supp. 171-195 (the Florida Statute)
Supp. 196-200, 201-216 (Questions on the Florida Residential Landlord Tenant Statute
C. Estates & Future Interests: Present Possessory Estates
As you read the material below, consider the Grants at Supp. 217. We will discuss them in class. Also,
for background, read CB 247-255. In addition, the chart at CB 338 has a useful overall summary.
Further, if you want extra reading for III.C., take a look at Chapter 1 of Laurence & Minzner
(or Laurence, Anderson & Minzner, depending on which edition you look at) (on The Basic Present Estates).
Note that we will not cover the fee tail.
1. The Fee Simple
Supp. 232 (Fla. Stat. § 689.10)
2. The Life Estate
CB 265, 271-273, 313-316 (Note)
CB 313-316 (read these pages so you have some general familiarity
with reversions, but note that we will go back over these pages in Section III.D below)
b. White v. Brown and Baker v. Weedon
CB 266-271, 273-282
3. Defeasible Fees
a. In General
CB 283-286, CB 309-311, CB 316-317 (Notes 2 & 3)
Supp. 233-234 (Fla. Stat. § 689.18)
CB 286-296, Supp. 242 (note on Mahrenholz)
Supp. 243-258 (White v. Metropolitan Dade County) (optional)
c. Condemnation/Eminent Domain
D. Estates & Future Interests: Future Interests
If you want extra reading for III.D, take a look at Chapters 2-5 of Laurence & Minzner
(or Laurence, Anderson & Minzner, depending on which edition you look at)
(on Future Interests Before 1536; The Family of Remainders; Present and Future
Interests After 1536; and Later Modification of the Basic Common Law).
1. Introduction; Future Interests in a Transferor
2. Future Interests in a Transferee
CB 319-327, 345-347; CB 347-349 (skim, but you are not responsible for
the Rule in Shelley’s Case or the Doctrine of Worthier Title)
Supp. 233 (Fla. Stat. §§ 689.17, 689.175)
b. Executory Interests and Trusts
Supp. 259-260 Note: Make sure you have the corrected pages.
CB 339-345 (Broadway Bank)
E. Estates & Future Interests: The Rule Against Perpetuities
As you read the material below, consider the Perpetuities Problems at Supp. 261.
We will discuss them in class.
CB 349-351; CB 356-357 (optional; you are not responsible for class gifts);
Supp. 259-260 (review) Note: Make sure you have the corrected pages, Supp. 262-268
Supp. 233-234 (Fla. Stat. § 689.18) (review)
Supp. 269-270 (optional)
2. Scope and Reforms
CB 360-372, 373-379
Supp. 233 (§ 689.13); 235-238 (§ 689.225)
IV. Private Land Use Regulation
CB 761-766, 772 (Note: Licenses), 777-785
Supp. 275-278 (optional)
2. Negative Easements, Prescriptive Easements, and Conservation Easements
CB 795-799, 829-834
CB 807-818 (through 5. Termination)
B. Covenants Running with the Land
1. Creation, Application, and Enforcement
a. Overview/Historical Background
Supp. 271-274 (review)
b. Tulk v. Moxhay
2. Racially Restrictive Covenants
CB 865-872, 227-231 (through Note 4)
V. Public Land Use Regulation
A. Origins and Constitutionality
The Miami 21 Plan: