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Unformatted text preview: Rena Seplowitz – Property II 08/21/07 This is a continuation of property with Schweitzer who was a dick. We are going to start with Real Estate Transactions. Feel free to email her or stop by office. What we are going to do this semester, as compared to last semester, will not deal with future interest and interest in estates. Property II deals with real estate transactions and also moves towards land use. It leads towards Land Use, which is taught by Lazer. That class is very good and will build on this. She will post a syllabus soon. We will start with chapter 7 and not through the entire book, but not all of it. The first thing we will deal with is simple. How you would buy a piece of land. We can look at this as a time line. It will not end with the sale. This is because somethings may happen post sale that happen with the property that affect the seller or the buyer. What if the seller did not disclose a defect? We can also focus on how the buyer can protect himself and how the seller can do that? How will you as a real estate lawyer, if you become one, or the purchaser or seller of real property, protect yourself and your client? What we are talking about is very much along a time line. Search for Property Sale ||| The next chapter will deal with title issues. How does someone own property? But what happens if two people claim possession of the same piece of property? Where else might we have seen something like this? The O'Keefe case. 1 What other way? Adverse Possession Lost and Found area of Property Cases perhaps where there are two finders. Does F1 have superior title or F2 In O'Keefe we may have had a wrongful sale of a piece of property. McIntosh case – Same piece of land being claimed by two different people. How can two people claim the same piece of land? How was this resolved? Using principal of discovery. According to Marshall the U.S. had superior right to the property. So the Indians got totally fucked. Also, the cases of the wild animals What happens if one animal is wild and is captured and escapes? How do we resolve these things? We are going to have very similar problems in this class. O sells Blackacre to A. A month later O sells Blackacre to B. Who has superior title? The recording system will help us deal with these issues. The next step – moving along – Chapter 9 deals with a different issue, and issue we dealt with in torts. We will go from real estate transactions to nuissance. This is sort of a tort issue but we did not deal with it. We will talk about makes a neighbor a nuissance. There is a little intersection here between torts and property. When can you sue your neighbor? What if they have erected a high fence?...
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This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Fall '08 term at Touro NY.
- Fall '08
- The Land