First Year Study Resources: Property

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All West Academic Property study aids.

Modern Real Estate Transaction

1. Real Estate Brokers
   1. Employment Agreement
   2. Commission
   3. Duties to Seller and Buyer
   4. Relationship with Lawyers
2. Real Estate Contract of Sale Formation and Terms (PPL43)
   1. Statute of Frauds
   2. Sample Contracts
   3. Marketable Title Marketable Title Acts and Marketable Record Title Acts (PPL61)
   4. Forfeiture of Deposit
   5. Specific Performance
   6. Equitable Conversion / Risk of Loss
3. Financing the Transaction A Basic Introduction (PPL45)
   1. Mortgage
   2. Interest Rates
   3. Subjecting to Financing Clause
   4. Taking over existing Mortgage
   5. Prepayment
   6. Installment land contract
4. Recording Systems
   1. Mechanics
   2. Types of Statutes Recording Acts (PPL09)
   3. Who is Protected
   4. Purchaser for Value
   5. Taking without notice
   6. Marketable title statutes Marketable Title Acts and Marketable Record Title Acts (PPL61)
5. Adverse Possession Adverse Possession: An Introductory Lesson (PPL15) , Adverse Possession: Open and Notorious Possession (PPL11), Adverse Possession: Color of Title and Constructive Adverse Possession (PPL22), Continuous and Exclusive Possession for the Statutory Period (PPL20) , Adverse Possession: Hostile Possession or Possession Under Claim of Right (PPL10) , Adverse Possession: Review Questions (PPL32)
6. Title Insurance
7. The Deed
   1. Statute of Frauds
   2. Description of Land
   3. Covenants of Title  Covenants of Title and Types of Deeds (PPL63)
   4. Breach and Damages
   5. Running Covenants of Title
   6. Delivery of Deed
   7. Merger
8. Seller Liability for Condition of Premises
   1. Warranty of Quality
   2. Misrepresentation and Nondisclosure

Attributes of Land Ownership

1. Right to Exclude
2. Freedom of Alienation
   1. Restraints on Alienation
   2. Open housing
3. Right to Lateral and Subjacent Support
4. Water Rights
   1. Lakes, ponds, rivers and streams, diffused surface water, underground water
   2. Mineral Rights
   3. Right to Airspace

Interests in Real Property

1. Real Covenants
   1. Creation by Expression or Implication Covenants, Equitable Servitudes and Restrictions 1: Creation (PPL55),  Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope (PPL56)
   2. Enforcement at law against subsequent purchasers (enforceable covenant, intent to run, touch and concern, privity of estate, notice) Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes? (PPL57)
   3. Flexibility of Enforcement at law  , Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement (PPL59)
   4. Enforcement at equity against subsequent purchasers Covenants, Equitable Servitudes and Restrictions,  4: Against Whom May One Enforce the Promise? (PPL58)
   5. Who may Enforce
   6. Termination
2. Estates in Land The Estate System (PPL04) , The Estate System: A Review (PPL62)
   1. Fee Simple Absolute Fee Simple Absolute (PPL14)
   2. Defeasible fees (determinable, subject to condition subsequent) Interpreting the Language of Conveyances (PPL07) , Fee Simple on Condition Subsequent (and Rights of Re-entry) - Lesson 4 (PPL05_04)
   3. Fee tail Estate in Fee Tail (PPL26)
   4. Life Estate Life Estate (PPL30)
3. Future Interests The Concept of "Future Interest" - Lesson 1 (PPL05_01) , The Defeasible Estates and Their Future Interests - Lesson 2 (PPL05_02)
   1. Possibility of Reverter Fee Simple Determinable (and Possibilities of Reverter) - Lesson 3 (PPL05_03)
   2. Right of reentry
   3. Reversion Reversions - Lesson 6 (PPL05_06)
   4. Remainder (Vested AND Contingent) Remainders - Lesson 7 (PPL05_07) , Kinds of Vested and Contingent Remainders - Lesson 8 (PPL05_08), Identifying Remainders and Executory Interests - Lesson 10 (PPL05_10)
   5. Executory Interest and Statute of Uses  Fee Simple On Executory Limitation (and Executory Interests) - Lesson 5 (PPL05_05), Executory Interests - Lesson 9 (PPL05_09)
4. Common Law Rules Limiting Future Interests
   1. Rule in Shelley's Case Future Interest Rules (PPL60)
   2. Doctrine of Worthier Title Future Interest Rules (PPL60)
   3. Destructibility of contingent remainders
   4. Rule against Perpetuities Common Law Rule Against Perpetuities (PPL34),  Reforms - Cy Pres and Wait-and-See Doctrines (PPL44), Rule Against Perpetuities Podcast (PPL34P)
5. Concurrent Interests
   1. Tenancy in Common Tenancy in Common (PPL12)
   2. Joint Tenancy Joint Tenancy (PPL21)
   3. Tenancy by the Entirety Tenancy by the Entirety (PPL24)
   4. Creation
   5. Rights of Creditors
   6. Rights and Obligations among cotenants Relations Between Co-Tenants (PPL29)
   7. Termination of cotenancy
6. Non-Possessory Rights and Interests
   1. Easments Easements Defined (PPL16), , Negative Easements - In Contrast with Affirmative Easements (PPL17) , Easements Appurtenant and in Gross (PPL19)
   2. Creation by Expression, Implication, or Prescription Express Easements (PPL18) , Implied Easements of Necessity (PPL36) Prescriptive Easements (PPL37) , Easements Implied from Prior Existing Use (PPL38)
   3. Scope
   4. Maintenance
   5. Transferability
   6. Termination Termination of Easements (PPL50)
7. Licenses in Land

Government Control of Private Land Use

1. Eminent Domain/Takings
2. Zoning
3. Foundations
4. Zoning Amendment
5. Variance
6. Condition/special use permits
7. Exclusionary Zoning
8. Growth Management/Smart Growth

1. Creation of Property Interest/What is Property? [Distinction Between Real Property and Personal Property (PPL13)]
   1. Acquisition by Capture
   2. Acquisition by Creation
   3. The Right to Exclude
2. Subsequent Possession: Acquisition of Property by Find, Adverse Possession, and Gift
   1. Acquisition by Find
   2. Acquisition by Adverse Possession
      1. Adverse Possession: An Introductory Lesson (PPL15)
      2. Adverse Possession: Open and Notorious Possession (PPL11)
      3. Adverse Possession: Color of Title and Constructive Adverse Possession (PPL22)
      4. Adverse Possession: Continuous and Exclusive Possession for the Statutory Period (PPL20)
      5. Adverse Possession: Hostile Possession or Possession Under Claim of Right (PPL10)
      6. Adverse Possession: Review Questions (PPL32)
      7. Adverse Possession: Related Doctrines (PPL46)
   3. Acquisition by Gift
      1. Gifts I: Inter Vivos Gifts (PPL25)
      2. Gifts II: Testamentary Gifts, Causa Mortis Gifts and Gifts of Future Interests (PPL31)
3. Estates and Future Interests
   1. The System of Estates
      1. The Estate System (PPL04)
      2. The Estate System: A Review (PPL62)
   2. Possessory Estates
      1. Fee Simple Absolute (PPL14)
      2. Estate in Fee Tail (PPL26)
      3. Life Estate (PPL30)
   3. Defeasible Estates
      1. Interpreting the Language of Conveyances (PPL07)
   4. Future Interests
      1. Basic Future Interests: The Concept of "Future Interest" - Lesson 1 (PPL0501)
      2. Basic Future Interests: The Defeasible Estates and Their Future Interests - Lesson 2 (PPL0502)
      3. Basic Future Interests: Fee Simple Determinable (and Possibilities of Reverter) - Lesson 3 (PPL0503)
      4. Basic Future Interests: Fee Simple on Condition Subsequent (and Rights of Re-entry) - Lesson 4 (PPL0504)
      5. Basic Future Interests: Fee Simple on Executory Limitation (and Executory Interests) - Lesson 5 (PPL0505)
      6. Basic Future Interests: Reversions - Lesson 6 (PPL0506)
      7. Basic Future Interests: Remainders - Lesson 7 (PPL0507)
      8. Basic Future Interests: Kinds of Vested and Contingent Remainders - Lesson 8 (PPL0508)
      9. Basic Future Interests: Executory Interests - Lesson 9 (PPL0509)
      10. Basic Future Interests: Identifying Remainders and Executory Interests - Lesson 10 (PPL0510)
      11. Future Interest Rules (PPL60)
   5. Rule Against Perpetuities
      1. Rule Against Perpetuities 1: Common Law Rule Against Perpetuities (PPL34)
      2. Rule Against Perpetuities 2: Reforms - Cy Pres and Wait-and-See Doctrines (PPL44)
      3. Rule Against Perpetuities 3: Reforms - Uniform Statutory Rule Against Perpetuities (PPL42)
      4. Rule Against Perpetuities Podcast (PPL34P)
4. Concurrent Interests
   1. Joint Tenancy (PPL21)
   2. Tenancy in Common (PPL12)
   3. Tenancy by the Entirety (PPL24)
   4. Relations Between Co-Tenants (PPL29)
5. The Law of Landlord and Tenant
   1. Landlord and Tenant: An Introductory Lesson (PPL23)
   2. Landlord and Tenant: Statute of Frauds (PPL28)
   3. Landlord and Tenant: Tenancy for Years (PPL27)
   4. Landlord and Tenant: Periodic Tenancy (PPL33)
   5. Landlord and Tenant: Tenancy at Will (PPL39)
   6. Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants) (PPL40)
   7. Landlord and Tenant: Quiet Enjoyment (PPL41)
   8. Landlord and Tenant: Delivery of Possession and Title Covenants (PPL52)
   9. Landlord and Tenant: Constructive Eviction (PPL53)
6. Recording and Deeds
   1. Type of Recording Acts
      1. Recording Acts (PPL09)
7. Servitudes
   1. Easements
      1. Easements Defined (PPL16)
      2. Negative Easements - In Contrast with Affirmative Easements (PPL17)
      3. Easements Appurtenant and in Gross (PPL19)
      4. Express Easements (PPL18)
      5. Implied Easements of Necessity (PPL36)
      6. Prescriptive Easements (PPL37)
      7. Easements Implied from Prior Existing Use (PPL38)
      8. Termination of Easements (PPL50)
      9. Licenses Contrasted: Easements by Estoppel (PPL48)
   2. Covenants that Run with the Land: Real Covenants and Equitable Servitudes
      1. Covenants, Equitable Servitudes and Restrictions 1: Creation (PPL55)
      2. Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope (PPL56)
      3. Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes? (PPL57)
      4. Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise? (PPL58)
      5. Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement (PPL59)
      6. Real Covenants and Servitudes of Land (Podcast) (PPL55P)

Prof. Zedalis has an exam on file in the Exam Bank- available at TWEN -> MLIC -> Exam Bank.