14-Week Plan

Property Study Plan

A 14-week study plan covering estates, future interests, concurrent ownership, landlord-tenant, easements, covenants, zoning, adverse possession, takings, and recording acts. Follow a standard 1L property syllabus.

Week-by-Week Schedule

1

Estates in Land and Present Possessory Interests

Week 1 of 14

Readings

Casebook Ch. 1-3; Restatement (Third) of Property: Wills and Donative Transfers

Key Concepts to Master

  • Fee simple absolute: largest estate, freely alienable and inheritable
  • Fee simple defeasible: fee simple determinable, fee simple subject to condition subsequent, fee simple subject to executory limitation
  • Life estate and the doctrine of waste (affirmative, permissive, ameliorative)
  • Fee tail (historical significance and modern abolition)
  • Words of limitation vs. words of purchase

Study Tasks

  • Create a chart of all present estates with their identifying language and characteristics
  • Practice classifying 10 grant hypotheticals into the correct estate type
  • Create flashcards for the durational language distinguishing each defeasible fee
  • Write out the three types of waste with examples for each
2

Future Interests

Week 2 of 14

Readings

Casebook Ch. 3-4; Restatement (Third) of Property: Wills and Donative Transfers §§ 25.1-25.5

Key Concepts to Master

  • Reversion, possibility of reverter, right of entry (powers of termination)
  • Remainders: vested (indefeasibly vested, vested subject to open, vested subject to divestment)
  • Contingent remainders: condition precedent or unascertained grantee
  • Executory interests: shifting (divests a transferee) and springing (divests a transferor)
  • Destructibility of contingent remainders (historical rule, largely abolished)
  • Doctrine of worthier title and the Rule in Shelley's Case

Study Tasks

  • Create a comprehensive chart mapping each future interest to its corresponding present estate
  • Practice classifying 15 grants into the correct future interest categories
  • Create flashcards for vested vs. contingent remainders with example language
  • Diagram shifting vs. springing executory interests with timelines
3

Rule Against Perpetuities

Week 3 of 14

Readings

Casebook Ch. 4-5; John Chipman Gray, The Rule Against Perpetuities (selected excerpts)

Key Concepts to Master

  • Classic RAP: no interest is good unless it must vest, if at all, not later than 21 years after some life in being
  • RAP applies to: contingent remainders, executory interests, vested remainders subject to open (class gifts)
  • RAP does not apply to: vested remainders, reversions, possibilities of reverter, rights of entry
  • Validating life technique and the fertile octogenarian/unborn widow problems
  • Modern reforms: wait-and-see (USRAP 90-year period), cy pres reformation

Study Tasks

  • Work through 10 RAP problems identifying the validating life for each
  • Create a RAP analysis flowchart: identify interest, identify condition, find validating life, test
  • Practice the classic RAP traps: fertile octogenarian, unborn widow, administrative contingency
  • Create flashcards for which interests RAP applies to and which are exempt
4

Concurrent Ownership: Tenancy in Common, Joint Tenancy, and Tenancy by the Entirety

Week 4 of 14

Readings

Casebook Ch. 6; Riddle v. Harmon, 102 Cal.App.3d 524 (1980); Sawada v. Endo, 57 Haw. 608 (1977)

Key Concepts to Master

  • Tenancy in common: default, no survivorship, freely alienable
  • Joint tenancy: four unities (time, title, interest, possession), right of survivorship
  • Severance of joint tenancy: sale, mortgage (title theory vs. lien theory), lease
  • Tenancy by the entirety: married couples, neither can unilaterally sever
  • Partition: in kind vs. by sale
  • Ouster and accounting among co-tenants

Study Tasks

  • Brief Riddle v. Harmon on unilateral severance of joint tenancy
  • Create a comparison chart of the three concurrent estates with their creation requirements
  • Practice hypotheticals involving severance of joint tenancy by various actions
  • Create flashcards for the four unities and the consequences of destroying each
5

Landlord-Tenant Law

Week 5 of 14

Readings

Casebook Ch. 7-8; Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969); Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970)

Key Concepts to Master

  • Four types of tenancies: term of years, periodic tenancy, tenancy at will, tenancy at sufferance
  • Implied warranty of habitability (Javins) and its remedies
  • Constructive eviction: substantial interference, landlord's breach, tenant vacates
  • Assignment vs. sublease: privity of estate and privity of contract
  • Tenant's duty to mitigate damages (modern trend)
  • Fair housing and anti-discrimination in housing (Fair Housing Act)

Study Tasks

  • Brief Javins v. First National Realty Corp. on the implied warranty of habitability
  • Create a chart comparing assignment and sublease in terms of privity
  • Practice a hypothetical involving constructive eviction and rent withholding
  • Create flashcards for the four types of tenancies and their termination rules
6

Easements: Creation and Types

Week 6 of 14

Readings

Casebook Ch. 9-10; Willard v. First Church of Christ, Scientist, 7 Cal.3d 473 (1972); Othen v. Rosier, 226 S.W.2d 484 (Tex. 1950); Holbrook v. Taylor, 532 S.W.2d 763 (Ky. 1976)

Key Concepts to Master

  • Easement appurtenant (benefits land) vs. easement in gross (benefits a person)
  • Affirmative easements vs. negative easements (limited categories)
  • Creation: express grant, express reservation, implication (prior existing use), necessity, prescription
  • Prescriptive easement elements: open, notorious, continuous, adverse, statutory period
  • Easement by estoppel/irrevocable license
  • Scope of easements and the misuse/overburden doctrine

Study Tasks

  • Brief Othen v. Rosier on easement by necessity requirements
  • Create a flowchart for determining how an easement was created
  • Compare prescriptive easement elements with adverse possession elements
  • Create flashcards for each method of easement creation with examples
7

Easement Termination, Profits, and Licenses

Week 7 of 14

Readings

Casebook Ch. 10; Restatement (Third) of Property: Servitudes §§ 7.1-7.12; Preseault v. United States, 100 F.3d 1525 (Fed. Cir. 1996)

Key Concepts to Master

  • Easement termination: release, merger, abandonment, prescription, estoppel, condemnation, end of necessity
  • Abandonment requires intent plus physical act (non-use alone insufficient)
  • Profit a prendre: right to enter and remove natural resources
  • License: revocable permission, no interest in land
  • Irrevocable license through estoppel (expenditure in reliance)
  • Conservation easements and modern easement uses

Study Tasks

  • Create a chart of all methods of easement termination with examples
  • Compare easement, profit, and license in terms of revocability and transferability
  • Practice a hypothetical involving abandonment vs. non-use of an easement
  • Create flashcards for easement termination methods
8

Real Covenants and Equitable Servitudes

Week 8 of 14

Readings

Casebook Ch. 11; Tulk v. Moxhay (1848); Neponsit Property Owners' Association v. Emigrant Industrial Savings Bank, 278 N.Y. 248 (1938); Shelley v. Kraemer, 334 U.S. 1 (1948)

Key Concepts to Master

  • Real covenant elements for burden to run: intent, touch and concern, horizontal and vertical privity, notice
  • Real covenant elements for benefit to run: intent, touch and concern, vertical privity
  • Equitable servitude: intent, touch and concern, notice (no privity required)
  • Horizontal privity: mutual (easement) vs. instantaneous (grantor-grantee transaction)
  • Common scheme doctrine and implied reciprocal servitudes
  • Termination: changed conditions, merger, abandonment, unclean hands

Study Tasks

  • Brief Neponsit Property Owners' Association and analyze touch and concern
  • Create a side-by-side chart: real covenants vs. equitable servitudes
  • Practice a hypothetical: does a restriction run with the land to a subsequent purchaser?
  • Create flashcards for the elements required for burden and benefit to run
9

Zoning and Land Use Regulation

Week 9 of 14

Readings

Casebook Ch. 12; Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); PA Northwestern Distributors, Inc. v. Zoning Hearing Board, 526 Pa. 186 (1991)

Key Concepts to Master

  • Zoning as a valid exercise of police power (Euclid)
  • Cumulative vs. non-cumulative zoning
  • Variances: use variance and area/dimensional variance
  • Special exceptions / conditional use permits
  • Nonconforming uses: right to continue, amortization
  • Spot zoning and exclusionary zoning challenges

Study Tasks

  • Brief Village of Euclid v. Ambler Realty and explain the rational basis standard for zoning
  • Create a flowchart for seeking zoning relief (variance vs. special exception vs. rezoning)
  • Practice a hypothetical involving a nonconforming use and proposed expansion
  • Create flashcards for the types of zoning relief and their requirements
10

Adverse Possession

Week 10 of 14

Readings

Casebook Ch. 13; Van Valkenburgh v. Lutz, 304 N.Y. 95 (1952); Howard v. Kunto, 3 Wash.App. 393 (1970); Nome 2000 v. Fagerstrom, 799 P.2d 304 (Alaska 1990)

Key Concepts to Master

  • Elements: actual, open and notorious, exclusive, continuous, hostile/adverse, for the statutory period
  • Hostility: objective (majority), good faith, bad faith (aggressive trespass) approaches
  • Tacking: privity between successive possessors
  • Disabilities: tolling the statute of limitations
  • Color of title: constructive adverse possession of the entire tract
  • Adverse possession against the government (generally not allowed)

Study Tasks

  • Brief Howard v. Kunto on tacking and continuous possession
  • Create a checklist for adverse possession analysis with each element explained
  • Practice a hypothetical involving seasonal use and the continuity requirement
  • Create flashcards for the adverse possession elements and the different hostility standards
11

Takings: Eminent Domain and Regulatory Takings

Week 11 of 14

Readings

U.S. Constitution, Fifth Amendment; Kelo v. City of New London, 545 U.S. 469 (2005); Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922); Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992); Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978); Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021); Casebook Ch. 14

Key Concepts to Master

  • Public use requirement and Kelo's broad interpretation
  • Just compensation: fair market value
  • Per se takings: physical occupation (Loretto/Cedar Point) and total economic wipe-out (Lucas)
  • Penn Central regulatory takings three-factor test: economic impact, investment-backed expectations, character of government action
  • Exactions: Nollan/Dolan essential nexus and rough proportionality
  • Judicial takings and the emerging doctrine

Study Tasks

  • Brief Lucas v. South Carolina Coastal Council and identify the per se rule for total takings
  • Brief Penn Central and memorize the three-factor regulatory takings test
  • Create a flowchart for takings analysis: physical taking → total economic loss → Penn Central
  • Create flashcards for the per se and regulatory takings frameworks
12

Recording Acts and Title Assurance

Week 12 of 14

Readings

Casebook Ch. 15-16; Luthi v. Evans, 576 P.2d 1064 (Kan. 1978); Shelter Components Corp. v. Sally, 584 So.2d 1381 (Miss. 1991)

Key Concepts to Master

  • Three types of recording acts: race, notice, and race-notice
  • Bona fide purchaser (BFP) status: value, good faith, without notice
  • Types of notice: actual, constructive (recorded), inquiry (possession or references)
  • Chain of title problems: wild deeds, late-recorded deeds, deeds from common grantor
  • Title insurance vs. title search: what each covers
  • Marketable title acts and their effect on old claims

Study Tasks

  • Create a comparison chart of race, notice, and race-notice recording statutes
  • Practice three recording act problems with multiple conveyances and determine who prevails
  • Brief Luthi v. Evans on constructive notice and the chain of title
  • Create flashcards for the types of recording statutes and the types of notice
13

Real Estate Transactions: Contracts, Deeds, and Mortgages

Week 13 of 14

Readings

Casebook Ch. 16-17; Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991); Johnson v. Davis, 480 So.2d 625 (Fla. 1985)

Key Concepts to Master

  • Real estate contract: Statute of Frauds, marketable title obligation, equitable conversion
  • Seller's disclosure duties: caveat emptor vs. duty to disclose material defects
  • Deed types: general warranty, special warranty, quitclaim
  • Deed covenants: present (seisin, right to convey, against encumbrances) and future (quiet enjoyment, warranty, further assurances)
  • Mortgage basics: lien theory vs. title theory, foreclosure, equity of redemption
  • Recording priority for mortgages and subordination agreements

Study Tasks

  • Brief Stambovsky v. Ackley (the haunted house case) on disclosure
  • Create a chart comparing general warranty, special warranty, and quitclaim deeds
  • Practice a hypothetical involving a title defect discovered after closing
  • Create flashcards for the six deed covenants and the mortgage foreclosure process
14

Review and Exam Preparation

Week 14 of 14

Readings

Review all major cases; Restatement of Property provisions; class notes and outlines

Key Concepts to Master

  • Issue-spotting across estates, future interests, servitudes, and takings
  • Connecting present estates with their corresponding future interests
  • Integrating recording acts with real estate transactions
  • Analyzing concurrent ownership disputes through partition and accounting
  • Writing organized property essays under time pressure

Study Tasks

  • Complete a full practice exam under timed conditions
  • Create a comprehensive one-page attack outline for property
  • Review and consolidate all flashcard decks
  • Identify your three weakest areas and re-read those cases
  • Practice classifying 20 grants by estate type and future interest

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