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Assignments Posted - 14 
| Posted November 13, 2009 by Scott C. Titshaw |
Your last new reading assignments in Property are as follows: week 13: Zoning - Guest Speaker: Prof. Gerwig-Moore, Vice Chair - Macon-Bibb County Planning & Zoning Commission. T, 11/17: Read (1) Enabling Regulations; (2) Mission Statement: & (3) Hearing Agenda - all 3 items are posted as Handouts on course page. Takings – Kelo v. City of New London W, 11/18: pp. 941-956. Takings – Lucas v. South Caroina Coastal Council Th & F, 11/19 & 11/20: pp. 1006-1025. |
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| Posted November 06, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. week 12: Nuisance - Boomer v. Atlantic Cement Co. & Spur Industries, Inc. v. Del E. Webb Development Co. T, 11/10: Review pp. 645-646 & pp. 649-653 + New pp. 656-666. Zoning Introduction – City of Euclid v. Ambler Realty Co. W, 11/12: pp. 821- 838 (read all, but focus on the case). Underlying authority, planning & nonconforming uses – PA. Northwestern Distribuotrs, Inc. v. Zoning Hearing Board Th, 11/13: pp. 838-849. Variances & Special Exceptions - Commons v. Westwood Zoning Board of Adjustment F, 11/14: pp. 849-857. |
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| Posted October 30, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. week 11: Recording Systems, part 1 T, 11/3: pp. 559-565 + NYC Land Record Title Search Exercise (located as Handout on our course page): Please do the title searches as requested and answer the problems. You will not be required to turn the answers in, but you will be expected to answer and explain the source of your answers in class. Recordings Systems, part 2 W, 11/4: pp. 571-574 (start at the bottom of p. 571, under "Note: Description by Survey") + pp. 580-583. LAND USE CONTROLS: Nuisance – Morgan v. High Penn Oil Co. Th, 11/5: pp. 639-646. Nuisance Remedies - Estancias Dallas Corp. v. Schultz & Boomer v. Atlantic Cement F, 11/6: pp. 646-656. |
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| Posted October 23, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. week 10: Exam Review - Question 3 from last year's exam T, 10/27 (No new reading - just complete answer to Question 3) Deeds & Warranties of Title – Brown v. Lober, Frimberger v. Anzellotti & Rachafellor v. Grey W, 10/28: review 518-521 + new reading - pp. 521-532. Delivery of Deed – Sweeney v. Sweeney & Rosengrant v. Rosengrant Th, 10/29: pp. 532-541. Duty to Disclose Defects - Stambovsky v. Ackley & Johnson v. Davis F, 10/23: pp. 484-494. |
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| Posted October 18, 2009 by Scott C. Titshaw |
Last Year's Exam - First Review Session for this year: As several of you have requested, I am leaving copies of my Property exam from last year in the outbox with my name on it on the 3rd floor. (Take the elevator to the 3rd floor, take a left at the video screen and the outboxes are on the right just before you reach the next secretarial area.) Please note the following as you glance at this exam: 1) Although the essay questions should be a good indication of the styles of essay question(s) that will be included on this year's exam, I do plan to substitute shorter, objective answer (true-false, multiple-choice, &/or fill-in-the blank) questions for several of the long essays this year. 2) Please do not grow distressed when you discover that you are unable to answer questions on this exam. We have not yet reached several of the subjects tested last year (e.g., Question #1 & Question #4). Also, we are covering slightly different material this year, so, even in the areas we have discussed, we may not have focused on some of the issues raised on last year's exam. We will review the answer to the Question #3 of the exam (or at least as much of Question #3 as we can cover in one class period) on Tuesday, October 27th. Please take the time to answer all 4 parts of this question sometime between now and our class on the 27th, so that we can discuss it at that time. See you on Tuesday (the 20th.) Scott TItshaw |
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| Posted October 16, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. week 9: Real Estate Sales: Land sale transactions & brokers – Licari v. Blackwelder, pp. 453-472 T, 10/20: pp. 453-472. The statute of frauds – Hickey v. Green W, 10/21: pp. 472-479 Marketable title – Lohmeyer v. Bower Th, 10/22: pp. 479-484. Deeds & warranties of title - Brown v. Lober F, 10/23: pp. 513-521. |
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| Posted October 09, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. week 8: Unlawful Discrimination T, 10/13: pp. 376-384 Tenants who default – Berg v. Wiley W, 10/14: pp. 403-410 Landlord’s duties & tenants rights – Reste Realty Corp v. Cooper Th, 10/15: pp. 421-431 Implied warranty of habitability – Hilder v. St. Peter F, 10/16: pp. 431-441 |
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| Posted October 03, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. week 7: Complete review of estates & merger + Rule Against Perpetuities T, 10/6: pp. 244-251 + Edwards, pp. 137-173. RAP + Review of Estates & Future Interests W, 10/7: Edwards, pp. 175-179. Leasehold Estates - Garner v. Gerrish Th, 10/8: pp. 363-368. Tenancy at Sufferance – Crechale & Polles, Inc. v. Smith F, 10/9: pp. 368-376. |
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| Posted September 26, 2009 by Scott C. Titshaw |
week 6: Grantors Future Interests T, 9/29: pp. 225-227 + Edwards, pp. 39-49. Estates Followed by Remainders, subject to open and subject to divestment W, 9/30: pp. 227-232 + Edwards, pp. 51-69 & 91-95. Estates Followed by Executory Interests Th, 10/1: pp. 233-240 + Edwards, pp. 71-83 & 97-102. Merger, Destructibility of Contingent Remainders, etc. F, 10/2: pp. 240-244 + Edwards, pp. 113-136 & 175-179. |
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| Posted September 18, 2009 by Scott C. Titshaw |
The following is your assignment for Property for next week. Since some of the assignments later in the week are longer than the assignment for Tuesday, I would recommend that you read ahead. week 5: Co-Ownership: Harms v. Sprague T, 9/22: pp. 285-291. Bundles of rights – Learning the Language of Estates & Future Interests: Historical overview: tracing estate law from English feudalism, fee simple & fee tail estates W, 9/23: pp. 173-189. Life Estates & Leasehold Estates Th, 9/24: pp. 189-190,195-196, 201-206 & Edwards, pp. 1-19, 117-118 Defeasable Estates F, 9/25: pp. 206-224 (skip cases) & Edwards, pp. 21-37 |
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| Posted September 09, 2009 by Scott C. Titshaw |
week 4: Bundles of rights - the rights to occupy, include, exclude, transfer & destroy -- Jacque v. Steenberg Homes & State v. Shack T, 9/15: pp. 86-93. Gift -- Newman v. Bost W, 9/16: pp. 157-166 Gift -- Gruen v. Gruen Th, 9/17: pp. 166-172 Co-ownership: Riddle v. Harmon F, 9/18: pp. 275-284 |
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| Posted September 03, 2009 by Scott C. Titshaw |
week 3: Adverse Possession - Intro & Van Valkenburgh v. Lutz T, 9/8: pp. 112-130 Mannillo v. Gorski W, 9/9: pp. 130 - 136. Howard v. Kunto Th, 9/10: pp. 136-144. Class Cancelled F, 9/11: NO CLASS |
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| Posted August 28, 2009 by Scott C. Titshaw |
Your assignment for next week in Property. (FYI- the days on which we deal with each assignment may overlap.) week 2: Water Rights - Sipriano v. Great Spring Waters of America, Inc. T, 9/1: Read handout "Water Rights" (note: this is longer than our normal reading assignments). Creation: Intellectual Property - INS v. AP, Cheney Bros. v. Doris Silk Corp. & Smith v. Chanel, et. al W, 9/2: pp. 51-59. Creation: I.P. - Nichols v. Universal Pictures, Diamond v. Chakrabarty, White v. Samsung Electronics America, Inc. (dissent) & M.G.M. v. Grokster Th, 9/3: pp. 59-69. Capture & I.P. - Outlining & Problems. F, 9/4: Outlining & Problems. |
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| Posted August 07, 2009 by Scott C. Titshaw |
Welcome to Mercer and to the study of the law related to property. We will be using Dukeminier, Krier, Alexander & Schill, Property (6th edition) as our primary textbook this semester. Unless indicated otherwise, all of the reading assignments referenced will be in that book. Below is the first weeks assignment. I look forward to seeing you all in class on Tuesday, August 15th. Scott Titshaw week 1: Introduction & Discovery/Conquest - Johnson v. MIntosh T & W, 3/26-27: Read pp. 3-17 + read handout excerpt from 1491 - posted on course webpage. Capture - Pierson v. Post Th, 8/28: pp. 17-23. Capture - Ghen v. Rich & Keeble v. Hickeringill F, 8/29: pp. 23-32. |
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