1. Welcome to Property Prof. David Glazier 2006-2007

2. Exam Preparation Life The First Semester of Law School Hours per week Week of the semester Class Preparation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 40 20 0

3. What Does It Mean to Own?

4. How Do You Establish Ownership?

5. Limitations on Ownership Rights

6. Course Overview Course Overview Acquisition Types of Ownership (System of Estates) Landlord-Tenant Law Land Transactions Title Assurance Restrictions on Land Use Takings

7. Property – The Good Relevance to Life Relevance to the Bar - 33 MBE Questions - Frequent Essay Topic

8. Property – The Bad Largely Common Law Some Confusing Areas - Estates and Future Interests

9. Property – The Ugly It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past. Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harv. L. Rev. 457, 469 (1897)

10. Ramifications for this Class Content keyed to MBE System of Estates take home exercise (5%) Practice take home essay question (0%) Essay exam at end of first semester (30%) - Two questions (2 hours) Final exam at end of spring semester (60%) - 33 multiple choice questions (1 hour) - Two essay questions (2 hours)

11. PROPERTY Reading Assignments Text is more than a casebook - History - Theory - Policy - Discussion of Statutes - Pictures!(?) Syllabus covers topics - Tests only cover class content - Focus on law and policy

12. Why Not Just Lecture? Encourage engagement with the law - Some cases should make you mad! Lawyerly skills development - Deciphering law from cases - Thinking on feet/oral expression Learning to think like a lawyer - Seeing two sides to each issue - Application of law to facts - Law/Facts/Policy hierarchy

13. Why Lecture at All? Coverage - Keep class within allotted time - Keep course on semester plan Clarity - Some material better explained Conciseness - Some material doesn’t justify more time

14. Question Policy If in doubt, ASK! Instructor reserves right to: - answer - walk through logic to answer - defer to future specified class - defer until after class Questions not to ask? Office hours/location - Tue/Thu 12:30 – 2:00 in B-228 - General open door policy

15. General Class Policies Be considerate of your fellow students Do the reading assigned in class Attend class regularly Notify me if you know you’ll be/are absent - Audio recordings will be available - Powerpoint slides will be on course page

16. Johnson v. M’Intosh Procedural history? Issue in dispute? Rule of decision: “Discovery doctrine” - Native Americans “occupiers” - Only govt can purchase land “Acquisition by conquest” - Now obsolete

17. Next Class – Thursday Aug. 24 Acquisition by capture – ferae naturae Pierson v. Post - Read case for class discussion - Don’t worry about “ancient authorities” -- Justinian, Puffendorf, Bynkershoek, Barbeyrac - Ignore notes after case Ghen v. Rich - Read case for class discussion

18. Questions?