Property (A2 & C1) -- Fall 2024 -- Syllabus

Property (A2 & C1)

Fall 2024
Professor Schnably
Office, Office Hours, and Faculty Assistant

Final Grades & Exam Review

Review of Exam Answers. Under the Law School Handbook, 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.) Please make sure you include your Fall final exam AGN in your email. No appointment is needed simply to review your answers. Ms. Demmings will send you a copy of the exam and your answers.

Please also note that I don’t write comments on answers.

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. Please make sure you include your Fall final exam AGN in your email.

The appointments will begin in February.
- I will have certain times set aside for exam review meetings. Ms. Demmings will let you know in February when your appointment will be. The appointment will not conflict with the Section A or C schedule (including LComm) or any of the electives. If when you receive the email scheduling your appointment you discover you have a specific conflict, please let her know.
- Before we meet, you should re-read the exam and your answers, and I will re-read your answers before we meet.
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 any 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.

Required Distribution of Grades. As you may know, there is a required distribution of grades in first-year substantive courses (other than Spring semester electives). It is described in the Law School Handbook 2024-2025 (p. 14), which sets out the School’s academic policies:

“Students in first-year courses are graded in accordance with the following grade distribution.

“The combined total number of ‘A,’ ‘A-’ and ‘B+’ grades awarded in each course shall equal or exceed 20 percent of the number of students graded in that course; and
“The combined total number of grades of B or higher awarded in each course shall equal or exceed 45 percent of the number of students graded in that course.
“The sum of ‘C-,’ ‘D,’ and ‘F’ grades in first-year courses shall not be less than 5 percent nor more than 15 percent of the number of students graded in that course, (subject to waiver for a particular course in unusual circumstances by vote of the Faculty or by the Dean prior to the submission of grades).
“It is the responsibility of the Dean to interpret the proper implementation of the First-Year Grade Distribution.”

The distribution of final grades in this class complies with this provision. The required distribution did not affect the grades I gave. I would have given the same grades in the absence of the required distribution.

Policy on Grade Changes. As you may know, under the Law School Handbook 2024-2025 (p. 16), 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:

“A final grade submitted to the Law Registrar's Office cannot be changed by a faculty member, or anyone else, to reflect a re-evaluation of the student’s examination answers or other work. If, however, an arithmetical or transmittal error is discovered, the error will be corrected. No change of grade takes effect without the approval of the Dean or Vice Dean. Requests to have such errors corrected must be made by the instructor, and the Dean’s or Vice Dean’s decision communicated to the Law Registrar's Office before the end of the semester immediately following the semester or summer session in which the error was made.”

You Must Read These Carefully Before the First Class: Course Policies

Course Policies

Please make sure you are familiar with these policies and any others I mention in class.

Assignments for Class; Syllabus

Classroom, Meeting Times, and Other Important Dates

Sections:
- Section A2:
  - Classroom: A110 (behind the fountain on the Bricks)
  - Class Meeting Times: Tuesday & Thursday 3:30 pm - 5:20 pm
- Section C1:
  - Classroom: E265 (above Einstein Bagels)
  - Class Meeting Times: Tuesday & Thursday 9:00 am - 10:50 am
Calendar Dates to Note:
- Tuesday, August 20: First class meeting.
- Tuesday, Oct. 1: Mandatory Practice Mid-Term Exam; 11:30 am to 12:40 pm. Closed book.
- The week of October 7-11 (Fall Break): No classes.
  - Note: As indicated on the Miami Law Academic Calendar for 2024-2025, the Fall Break may instead be used for makeup classes if the Law School as a whole experiences an interruption this Fall (e.g., because of a hurricane).
- Thursday, November 21: Last class meeting.

Dean’s Fellow Study Groups

Section A2:
- Dean’s Fellow: Noah Bruster
  - E-mail: nrb118@law.miami.edu
- Dean’s Fellow sessions will be Monday and Wednesday from 11:00am - 11:50am. Monday will be in person in room E265, and Wednesday will be virtual via Zoom.
  - Zoom link: https://miami.zoom.us/j/96597752328
- Section C1:
  - Dean’s Fellow: Hunter Keyes
    - Email: chk59@miami.edu
  - Dean’s Fellow sessions will be Monday and Wednesday from 2:00 pm - 2:50 pm. Monday will be in person in room E265, and Wednesday will be virtual via Zoom.
  You can find the schedule for Dean’s Fellow sessions in all your courses through the Academic Achievement Program page.
Books, Supplements, and Recordings of Classes
- Required:
  1. Dukeminier, Krier, et al., Property (10th ed. 2022) (referred to in this Syllabus as “CB”)
  2. Supplementary Materials, pp. 1-312 (referred to in this Syllabus as “Supp.”).
    - Paper copy: You can purchase a three-hole punch copy at the Copy Center (Law Library, Room B207 [map]).
  3. Additions to the Supplementary Materials:
    - Supp. 166A-166R: Comments on the Recording Statute problems at Supp. 166
    - Supp. 167A: Uniform Marriage and Divorce Act § 307
    - Supp. 259A-259N: Comments on the Grants at Supp. 259 New!
    - Supp. 281A-281K: Comments on the Perpetuities Problems at Supp. 281 New!
Not Required, But Worth Considering Later in the Semester:
- Laurence, Anderson & Minzner, A Student’s Guide to Estates in Land and Future Interests (3d ed. 2012), or any prior edition including:
  - Laurence & Minzner, A Student’s Guide to Estates in Land and Future Interests (2d ed. 2001)
  - Laurence & Minzner, A Student’s Guide to Estates in Land and Future Interests (1st ed. 1993). In the Course Reserve at the Law Library.
- You may well be able to master estates and future interests based on the material in the casebook and problems I will give you and which we will discuss in class. But if you would like additional material that tracks the approach we will take in class, the Guide by Laurence & Minzner (or Laurence, Anderson & Minzner) can be helpful. Buy the cheapest copy you can find; there is no advantage in getting the most recent edition.
- You may well want to wait until we have started Estates and Future Interests (after the Fall Break) to decide.
Recordings of Classes:
- Recordings of classes will be automatically uploaded to the Property (A2) Blackboard page. To access them, go to the Blackboard page for this course and look for the link to Class Recordings on the menu, under Academic Resources. This is the only function for which you will need Blackboard. No course materials will be posted on it. (Nor will you use the Blackboard page for attendance functions. Please be sure to review the Course Policies for information on the attendance policy.)
  - I do not recommend regularly viewing videos of classes you have attended, but if you are absent from class then you will be able to see what was discussed that day. You might also occasionally find a recording helpful to review particular discussions of the materials.
Optional:
- Background Reading (only if you want to read more during the semester; books available at the Reserve Desk in the Library):
  - Dale A. Whitman & Ann M. Burkhart, Law of Property (2019)
  - Herbert Hovenkamp, The Law of Property: An Introductory Survey (2016) and also online access through the Richter Library catalog

Practice Questions, Practice Mid-Term Exam, Final Exam, and Grading

This page has information on grading, the final exam (including a link to the Past Exams Packet), the mandatory Practice Mid-Term Exam, and Practice Questions.

Assignments for Class

Current Assignments: check this page for assignments for the coming week
Past Assignments: check this page for past assignments

Syllabus

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.

I. Introduction

The Right to Exclude
1. Jacque v. Steenberg Homes, Inc.; State v. Shack
  CB 224-231
  Supp. 1-2
2. Comparative Perspectives
  1. The Right to Roam: Britain and Other Countries
    The CROW Act, Supp. 3-5
    Supp. 6-16 (optional)
    Supp. 17-22
  2. Iron Bar Holdings, LLC v. Cape et al. (D. Wyo 5/26/2023)
    Supp. 23-38
3. The Florida Migrant Farmworker Statute
  Supp. 39-47
4. Practice Question 1 (Mandatory)
Relativity of Title: Tapscott v. Lessee of Cobbs
Supp. 47-53

II. Transfers of Ownership: Voluntary & Involuntary

Involuntary Transfers
1. Eminent Domain
  CB 1023-1040 (through Note 5)
  Supp. 54-56, 57-58 (optional), 59-66
2. Adverse Possession
  1. The Common Law
    1. Introduction; Van Valkenburgh v. Lutz
      CB 73-93
    2. Mannillo v. Gorski; Improving Trespassers/Mistaken Improvers
      CB 93-99
      Supp. 67-69
    3. Tacking, Disabilities, and Adverse Possession Against Governments
      CB 105-107
    4. Howard v. Kunto: Continuity and Tacking of a Different Sort
      CB 99-107
    5. Children’s Magical Garden v. Norfolk Street Development, LLC (optional)
      Supp. 70-77
  2. The Florida Adverse Possession Statute
    1. General
      Supp. 78-83, Supp. 84-86 (through Note 2) (Florida Adverse Possession Statute & Related Materials)
      Supp. 80-81 (optional)
    2. Border Strips
      Supp. 86 (Note 3)-89, 90-92
      CB 98 (Note 3) (review)
    3. Squatting
      Supp. 93-111
Voluntary Transfers: The Sale of Land
1. Introduction
  CB 571-588
2. Risk Management: Disclosure, Warranties, Equitable Conversion, and Deeds
  1. Caveat Emptor; The Duty to Disclose
    1. Caselaw: Stambovsky and Johnson v. Davis
      CB 599-607
      Supp. 112-120
      Supp. 121-128 (optional)
    2. Disclosure Statutes
      Supp. 129-139 (selected disclosure statutes)
  2. The Warranty of Habitability or Quality
    CB 607-608 (“The Implied Warranty of Quality”)
    Supp. 140-146 (McDonald v. Mianecki & Fl. statute)
  3. Florida Bar Exam Question
    Supp. 147
  4. Equitable Conversion
    CB 573
    Supp. 148-149 (Questions on Equitable Conversion); CB 574-587
  5. Deeds
    CB 610-613, 619 (Note: Estoppel by Deed & Delivery)-620;
    150-151 (Fla. Stat. ch. 689.29 and Legislative History)
    Supp. 152-153 (forgery and fraud in deeds)
3. Mortgages
  1. Introduction
    CB 624-628
  2. Foreclosure
    CB 635-645
4. Recording Statutes
  1. Introduction; Title Recording and Searches
    CB 675-681, 689-692, 725-727
    CB 723-725; Supp. 154-162
  2. Types of Recording Acts
    CB 697-701
    Supp. 163-165 (Parsing Statutes)
  3. Recording Acts in Action
    Problems 1-10, Supp. 166
  4. Estoppel by Deed and Other Issues
    CB 619 (Estoppel by Deed); CB 688 (Notes 1, 3); CB 700-701; CB 712-713 (Note 4)
  5. Inquiry Notice
    CB 719-720

III. Forms of Ownership and Possession

Concurrent Ownership
1. Introduction
  1. Types of Concurrent Ownership; Creation and Termination
    CB 395-400; CB 413 (“Partition”); CB 423-424
    Supp. 249 (Fla. Stat. § 689.15)
  2. Severance of Joint Tenancies
    CB 400-405
  3. Multiple-Party Bank Accounts
    CB 410-412
2. Sharing the Benefits and Burdens of Ownership
  CB 424-428
3. Marital Interests
  1. The Common Law System
    CB 436-446
    Supp. 248-249 (Fla. Stat. §§ 689.11, 689.15)
  2. The Community Property System
    CB 457-463
    Supp. 167A (Uniform Marriage and Divorce Act § 307)
    CB 448 (read paragraph 2 (Beginning “The Uniform Dissolution of Marriage Act requires ...” through the end of the block quote in that paragraph))
Landlord-Tenant Law
1. The Creation and Characteristics of the Landlord-Tenant Relationship
  CB 471-478
2. Assignment and Sublease
  CB 500-517; 190-191 (Fla. Stat. § 83.595)
3. The Implied Warranty of Habitability
  1. Common Law
    CB 550-564, 566-568
  2. The Florida Statute
    Supp. 168-196 (the Florida Statute)
    Supp. 197-205 (Miami-Dade County Tenants Bill of Rights) Supp. 206-225 (Questions on the Florida Residential Landlord Tenant Statute)
4. Unlawful Discrimination in the Rental of Property
  CB 478-496
  Supp. 226-230
Estates & Future Interests: Present Possessory Estates

As you read the material below, consider the Grants at Supp. 259. We will discuss them in class. (Comments here.) Also, for background, read CB 267-272. In addition, the chart at CB 345 has a useful overall summary. Note that we will not cover the fee tail.
1. The Fee Simple
  CB 272-277
  Supp. 247-248 (Fla. Stat. § 689.10)
2. The Life Estate
  1. General
    CB 279-280
    CB 323-324 (Note 1), 325-329 (starting at “C. Future Interests in Transferees”) (read these pages so you have some general familiarity with reversions and remainders, but note that we will go back over these pages in Section III.D below)
  2. Knopf v. Gray, White v. Brown; Restraints on Alienation
    CB 280-284
  3. Baker v. Weedon
    CB 284-294
3. Defeasible Fees
  1. In General
    CB 295-298; CB 318-319 (Note: Defeasible Life Estates), 324-325 (Notes 2 & 3)
    Supp. 249-250 (Fla. Stat. § 689.18)
    Supp. 260-261 (up to “Why bother distinguishing ...”)
    Supp. 264-278 (optional)
  2. Paul Smith’s College
    CB 298-304
  3. Condemnation/Eminent Domain
    CB 311-319
  4. Review Problems
    CB 319-320 (Problems 1-4, 6-7)
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
  CB 321-325
  Supp. 260-263
2. Future Interests in a Transferee
  1. Remainders
    CB 325-329; CB 350-353 (through Note 1)
    Supp. 249 (Fla. Stat. §§ 689.17, 689.175)
  2. Executory Interests
    CB 334-346
    Supp. 279-280
    CB 319 (Problems 5, 8)
Estates & Future Interests: The Rule Against Perpetuities
1. Mechanics
  CB 355-357, 365-366
  Supp. 282-285
  Supp. 279-280 (review)
  Supp. 249-250 (Fla. Stat. § 689.18) (review)
  Supp. 286-290 (optional)
2. Reforms
  CB 379-383 (through Note 2)
  Supp. 249 (§ 689.13); Supp. 251-254 (§ 689.225)

IV. Private Land Use Regulation

Easements, Covenants, and Servitudes
1. Easements
  1. Overview
    CB 767-772, 832 (Note 2), 778 (Note: Licenses)
    CB 781-789 (Van Sandt v. Royster)
    Supp. 136-139 (Fla. Stat. § 683.301) (review)
    Supp. 306-309
    Supp. 310-311 (optional)
  2. Negative Easements, Prescriptive Easements, and Conservation Easements
    CB 800-804, 834-840
  3. Scope
    CB 812-823 (through 5. Termination), CB 878 (Note 4), CB 879 (Note 6)
2. Real Covenants and Equitable Servitudes
  1. Creation, Application, and Enforcement
    1. Overview/Historical Background
      CB 840-843
      Supp. 306-309 (Review)
    2. Tulk v. Moxhay
      CB 843-848
    3. Neponsit
      CB 848-859 (through Note 2)
  2. Termination
    CB 872-879
    CB 246-250 (through Note 4)
    Supp. 312 (Restatement (Third) of Property: Servitudes § 7.12)
  3. Discriminatory Covenants
    CB 864-872
    CB 478-480 (The Fair Housing Act §§ 3603, 3604), CB 482 (FHA § 3617) (review)