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PA300 – Real Estate Law Unit 1 Seminar. Be respectful of others on the DB and in seminar (and any other way you choose to communicate with your colleagues).

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Presentation on theme: "PA300 – Real Estate Law Unit 1 Seminar. Be respectful of others on the DB and in seminar (and any other way you choose to communicate with your colleagues)."— Presentation transcript:

1 PA300 – Real Estate Law Unit 1 Seminar

2 Be respectful of others on the DB and in seminar (and any other way you choose to communicate with your colleagues). Office hours for this term will be: Wednesdays, 6-8 pm ET; or by appointment. I hold office hours in the “Chat” area. Just click on the “Chat” tab and select the proper office hours date.

3 Grade weighting: Discussion board – 128 points (4 points for units 1-4; 6-9) Seminar – 32 points (4 points for units 1-4; 6-9) Writing Assignments465 points Unit 1 Writing Assignment 95 points Unit 3 Writing Assignment95 points Unit 4 Writing Assignment100 points Unit 6 Writing Assignment75 points Unit 8 Writing Assignment 100 points Midterm Project175 points Final Course Project200 points TOTAL POINTS: 1000

4 Students should aim to post at least 3 messages of substance to the Discussion Board each week for full credit. It is strongly suggested that you post at least once before, during and after the weekend.

5 Your attendance at the weekly seminar for this course is very important. The seminar is an excellent source of information and explanation of the weekly material in this course. However, if you are unable to attend the seminar, you can still learn the information that was provided and also earn the seminar points. In order to earn the seminar points, you must complete an alternative assignment and submit it as a Word document attached to an email. Send the email to your meet within one week of the seminar. The alternative assignment must provide at least a clear synopsis of the material covered at the seminar along with your analysis of that material. It should be no less than two pages and no longer than three pages and must be submitted within 7 days of the missed seminar.

6 Late assignments -Generally: Email me to request an extension. I generally grant them, but see below. No late work will be accepted more than 3 weeks after the original due date or after the conclusion of Unit 7 without an extenuating circumstance AND prior instructor approval. Extenuating Circumstances: Contact me immediately if you have extenuating circumstances that prevent you from completing assignments, projects, and quizzes, attending seminars, or participating in the class.

7 Land and anything permanently attached, including: Buildings, structures, fixtures Water, water rights Minerals on and below the surface of the earth. Trees & crops Air space above the surface

8 Anything other than real property, including: Clothing, jewelry, furniture, appliances in a home Automobiles, ATVs, lawnmowers Equipment & machinery used in business Copyrights, patents, trademarks Software, stocks, loans, mutual funds Must be delivered in order to transfer ownership. May be tangible or intangible.

9 Possess, use and enjoy the property Dispose of, sell, consume, modify, insure or destroy the property Give the property away by will after death Lease the property to a tenant

10 Includes copyrights, patents, trademarks and trade secrets Is an original work fixed in a tangible medium of expression. Examples: literature, computer software, musical scores and lyrics, choreography, dramatic works, unique product or process, symbols or word that identify a product, commercially valuable information that is kept secret

11 Purchase contract – earn money and use it to buy Gift – includes intent, delivery and acceptance Intellectual labor – creation of property Inheritance – wills and trusts Accession – farm animals naturally increase Found property – lost or mislaid Occupancy – possession of property that belongs to no one else

12 Grantor - conveys a deed to real property Grantee – receives the deed

13 Quitclaim Transfers a seller’s interest in a property but doesn’t warrant that the seller owns any interest General Warranty Deed Warrants the title Most desirable for the buyer Bargain and Sale Deed Transfers title to property without giving warranties

14 Transfer of title (ownership) to property Not all transfers require written titles Purchases of goods from a retail store Certain transfers have formal titles-Vehicles Are registered with the state MUST BE NOTARIZED Require odometer reading disclosure statements Require damage disclosure statements

15 Police powers by government Nuisance ordinances enacted by cities Zoning ordinances enacted by cities to regulate Health and public safety issues Certain physical rights Eminant domain Deed restrictions Easements

16 Physical rights apply to: Surface (the right to occupy the land, and develop it with buildings, etc.) Subterranean Minerals or Water (rights to remove or conserve) Air (right extends into upper atmosphere-but cannot exclude aircraft from flying over property)

17 Right to make private property into public if it is for the public good. When highways are widened, private property is taken by eminent domain. Owners are paid the fair market value of the property, but they cannot refuse to release property.

18 Restrictive Covenants Deed restrictions Example- a homeowners association restricts parking cars in the street Easements for limited use Example- Gas lines end at my driveway but a neighbor wants to build a new home on an adjacent lot. I can sign an easement release so the utility company can continue the line to his new home by crossing my property.

19 (1) Locate and submit a copy of your state’s adverse possession statute via use of Westlaw in the KU Online Library or via your state’s online legislative website. (2) Research and submit a copy of an applicable adverse possession case that pertains to your state’s adverse possession statute via use of Westlaw in the KU Online Library. (3) Draft a case brief on this applicable case. The case brief should identify via use of headings and analyze the following areas of the applicable adverse possession case: Facts Procedural History Holding Rule of Law Plaintiff’s Argument (or Petitioner’s Argument, Appellant’s Argument, etc.) Defendant’s Argument (or Respondent’s Argument, Appellee’s Argument, etc.) Application/Analysis Conclusion Optional: additional sections such as Court’s Dissenting Opinion, etc. can be included as well.

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