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CALI Lessons Subject List - Property Law
Printable version.|
Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 35 minutes.
| Adverse Possession: An Introductory Lesson This lesson provides an introductory overview of the law of adverse possession, and lays a foundation for the succeeding lessons that focus upon specific portions of the adverse possession doctrine. This lesson includes: an explanation of the historical origins of adverse possession doctrine; an explanation of the policy justifications for modern adverse possession law; a brief discussion of the elements required to establish title by adverse possession at common law, as well as under typical modern statutory reforms; and a discussion of the basic mechanics of the adverse possession doctrine (including types of claims, i.e., claims with and without color of title; the role of adverse possession as a statute of limitation upon possessory actions; and the quality of title obtained by adverse possession). ppl15 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 45 minutes.
| Adverse Possession: Color of Title and Constructive Adverse Possession This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession. ppl22 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 1 hour.
| Adverse Possession: Continuous and Exclusive Possession for the Statutory Period This lesson focuses upon the requirements that claims of adverse possession must be exclusive and continuous (without interruption) for the applicable statutory period. This lesson should assist students to understand the following: the rationales behind these requirements and how they relate to the other elements of the common law adverse possession rule; how to distinguish "exclusive" possession from "nonexclusive" possession; what conduct by the possessor or the true owner is sufficient to interrupt the continuity of possession; the extent to which successive periods of adverse possession may be "tacked" together to satisfy the applicable statutory period; and the extent to which the applicable statutory period may be "tolled" (thereby preventing the statutory period from running against the true owner). ppl20 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 50 minutes.
| Adverse Possession: Hostile Possession or Possession Under Claim of Right This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "hostile" and "under claim of right." This lesson addresses the following topics: the rationale behind the "hostile/under claim of right" requirement and how it relates to the other elements of the common law adverse possession rule; the significance of "permission to occupy land" under adverse possession doctrine, and how to distinguish between permissive and hostile claims; and the legal standards by which differing courts have evaluated the hostility of a possessor’s claim, either by reference to the possessor’s actions (objectively), or state of mind (subjectively). ppl10 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 1 hour.
| Adverse Possession: Open and Notorious Possession This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "open and notorious." The lesson discusses the rationale behind the "open and notorious" requirement and the way in which the "open and notorious" requirement relates to the other elements of the common law adverse possession rule. The lesson includes problems designed to test student understanding of this element in a variety of different factual settings, including "open lands" (large, unenclosed parcels of land not suitable for cultivation or development), subsurface rights, and minor boundary line encroachments. ppl11 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 40 minutes.
| Adverse Possession: Related Doctrines This lesson focuses upon a number of doctrines that are closely related to adverse possession of land. It includes a discussion of the following doctrines: agreed boundaries; mutual recognition and acquiescence; estoppel; good faith improvement; and the extent to which one can establish title to chattels by adverse possession (or by the operation of finding statutes). The lesson is in "lecturette" format. Each doctrine is introduced with a brief, slide-accompanied lecture introduction, and the lesson concludes with a series of review questions designed to reinforce student understanding of the material introduced in the lecturette. ppl46 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 1.25 hours.
| Adverse Possession: Review Questions This lesson concludes the set of lessons on adverse possession with a series of review questions (including true-false, multiple choice, and essay questions) to test overall student understanding of the various elements of the adverse possession standard, as explored in the earlier lessons. This lesson may prove most helpful to students when reviewing the doctrine of adverse possession as part of their exam preparation. ppl32 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 3 hours.
| Basic Future Interests Basic Future Interests is a follow-up tutorial exercise to The Estate System. It deals with the two major classes of future interests, those retained by transferors and those created in third persons. Emphasis is given to distinguishing among the various kinds of vested remainders and contingent remainders, as well as to distinguishing between remainders and executory interests. The lesson also provides the primary treatment of the defeasible fee simple estates, with emphasis on the future interests that tailor them. ppl05 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 20 minutes.
| Basic Future Interests: The Concept of "Future Interest" - Lesson 1 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_01 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 20 minutes.
| Basic Future Interests: The Defeasible Estates and Their Future Interests - Lesson 2 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_02 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 25 minutes.
| Basic Future Interests: Fee Simple Determinable (and Possibilities of Reverter) - Lesson 3 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_03 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 25 minutes.
| Basic Future Interests: Fee Simple on Condition Subsequent (and Rights of Re-entry) - Lesson 4 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_04 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 25 minutes.
| Basic Future Interests: Fee Simple On Executory Limitation (and Executory Interests) - Lesson 5 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_05 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 30 minutes.
| Basic Future Interests: Reversions - Lesson 6 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_06 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 15 minutes.
| Basic Future Interests: Remainders - Lesson 7 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_07 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 30 minutes.
| Basic Future Interests: Kinds of Vested and Contingent Remainders - Lesson 8 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_08 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 30 minutes.
| Basic Future Interests: Executory Interests - Lesson 9 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_09 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 30 minutes.
| Basic Future Interests: Identifying Remainders and Executory Interests - Lesson 10 This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order. The 10 lessons are: 1. The Concept of "Future Interest" 2. The Defeasible Estates and Their Future Interests 3. Fee Simple Determinable (and Possibilities of Reverter) 4. Fee Simple on Condition Subsequent (and Rights of Re-Entry) 5. Fee Simple on Executory Limitation (and Executory Interests) 6. Reversions 7. Remainders 8. Kinds of Vested and Contingent Remainders 9. Executory Interests 10. Identifying Remainders and Executory Interests Students should complete the Basic Estate System lesson prior to working through this lesson and series. ppl05_10 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 30-40 minutes.
| Contract for Purchase and Sale 1: Formation and Terms This exercise is designed as an introduction for first year Property students to the basic concepts involved in a traditional contract used in a standard real estate transaction. ppl43 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 30-40 minutes.
| Contract for Purchase and Sale 2: Remedies and the Merger Doctrine This is the second lesson of two designed to introduce the first year law student to the basic concepts involved in a contract for the purchase and sale of real estate. This lesson is merely a basic introduction to prepare students for a traditional Property class. Therefore, one should not assume that this lesson would enable one to represent oneself or assist another in preparing or examining real estate contracts. Additional law school courses such as Real Estate Finance, Real Property Closing Workshop and the like, along with passing the bar exam, are needed before engaging in such responsibilities. Furthermore, this lesson presumes the user has completed the first lesson, Contract for Purchase and Sale: Formation and Terms, before using this one. ppl51 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Ronald Brown Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 45 minutes.
| Covenants of Title and Types of Deeds This lesson is designed to teach a student about the various types of covenants of title in deeds and the different types of deeds arising from the covenants they contain. Students who are unfamiliar with real covenants are advised to review the CALI lessons related to real covenants before trying this lesson. ppl63 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Ronald Brown Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 30-40 minutes.
| Covenants, Equitable Servitudes and Restrictions 1: Creation As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with legal materials. In contrast, to facilitate students' learning and understanding, the series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the lessons, students will be better able to understand traditional covenants analyses. This tutorial is the first in a series of interactive tutorials written to assist the first year law student with a basic introduction to analyzing real covenants, equitable servitudes and similar use restrictions applied to real property. Once the student successfully completes the current lesson, he or she may later use the series of questions throughout this lesson as a preliminary review for a final examination. Also, the student will benefit more from these materials after having successfully completed the exercises addressing easements. ppl55 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Ronald Brown Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 30 minutes.
| Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope This lesson is designed to assist the first year Property student with analyzing the numerous potential questions arising when one encounters a real covenant or equitable servitude. The lesson addresses the questions of what might make a validly created covenant or equitable servitude invalid or unenforceable and what factors influence whether a restriction applies to offending conduct. This tutorial is the second in a series of lessons. To get the maximum benefit of CALI's alternative approach, before using this exercise, students should first complete the lesson on Covenants and Equitable Servitudes: Creation. As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with topics. In contrast, to facilitate students' learning and understanding, this series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the lessons, students will be better able to understand traditional covenants analyses. ppl56 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Ronald Brown Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 30-40 minutes.
| Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes? This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What is required for one to be able to enforce a real covenant, equitable servitude or restriction?" This tutorial is the third in a series of lessons. To get the maximum benefit of CALI's alternative approach, before using this exercise, students should complete the following lessons in order: Covenants, Equitable Servitudes and Restrictions: Creation and Covenants, Equitable Servitudes and Restrictions: Determining Their Validity and Scope. As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with topics. In contrast, to facilitate students' learning and understanding, this series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering these lessons, students will be better able to understand traditional covenants analyses. ppl57 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Ronald Brown Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 45-60 minutes.
| Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise? This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "Under what circumstances might one who is not the original promisor be liable for not performing the promise?" This tutorial is only the fourth in a series of lessons. To get the maximum benefit of CALI's alternative approach, before using this exercise, students should complete the following lessons in order: Covenants, Equitable Servitudes and Restrictions: Creation; Covenants, Equitable Servitudes and Restrictions: Determining Their Validity and Scope; and Covenants, Equitable Servitudes and Restrictions: Who Has the Right to Enforce Covenants and Equitable Servitudes? As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with topics. In contrast, to facilitate students' learning and understanding, CALI's series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the CALI lessons, students will be better able to understand traditional covenants analyses. ppl58 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Ronald Brown Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 1.5 hours.
| Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What defenses might be available to one against whom another is attempting to enforce a real covenant, equitable servitude or restriction?" This tutorial is the fifth and final tutorial in a series of lessons. To get the maximum benefit of CALI's alternative approach, before using this exercise, students should complete the following lessons in order: Covenants, Equitable Servitudes and Restrictions: Creation, Covenants, Equitable Servitudes and Restrictions: Determining Their Validity and Scope, and Covenants and Equitable Servitudes: Who Has the Right to Enforce Covenants and Equitable Servitudes? As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with legal issues. In contrast, to facilitate students' learning and understanding, CALI's series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the CALI lessons, students will be better able to understand traditional covenants analyses. ppl59 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 15 minutes.
| Distinction Between Real Property and Personal Property This lesson provides an introductory overview of the distinction between real property and personal property, including the historic origins of the distinction, the consequences of attaching things to land and severing things from land, the significance of fixtures, and examples of intangible property classified as real or personal property. ppl13 |
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Patricia Reyhan Professor of Law Albany Law School Approximate completion time 25 minutes.
| Easements Appurtenant and in Gross This lesson examines the distinction between easements appurtenant (easements that exist to benefit another parcel of land) and easements in gross (easements that benefit an individual or business entity without regard to his or its ownership of land). ppl19 |
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Patricia Reyhan Professor of Law Albany Law School Approximate completion time 25 minutes.
| Easements Defined This lesson introduces the law of easements by describing the typical scenario in which the need for an easement arises, examining alternatives to the creation of an easement, offering a legal definition of an easement, and summarizing the key sub-issues that arise in this legal area. ppl16 |
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Patricia Reyhan Professor of Law Albany Law School Approximate completion time 50 minutes.
| Easements Implied from Prior Existing Use This lesson examines the circumstances under which the law will imply an easement from prior existing use of the dominant and servient parcels. Each of the required elements for such implication: common ownership, prior use, severance and reasonable necessity are addressed specifically. The lesson also describes the different burden imposed when the common owner claims the benefit of the easement from that imposed when the grantee claims that benefit. ppl38 |
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Barbara Glesner Fines Ruby M. Hulen Professor of Law University of Missouri - Kansas City School of Law Approximate completion time 45 minutes.
| Equitable Remedies - An Overview This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course. The lesson will not examine doctrines of substantive equity (other than to note their existence) nor will the lesson explore the prerequisites for obtaining, defending against, or enforcing equitable remedies. Rather, the lesson is designed to introduce you to the basic vocabulary of equitable remedies. rem02 |
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Robert Steinfeld Professor of Law State University of New York - Buffalo School of Law Approximate completion time 50 minutes.
| Estate in Fee Tail This lesson will introduce students to the estate in fee tail, one of the traditional estate in land recognized by Anglo-American Law. While the fee tail has been abolished in most American jurisdictions, it continues to be recognized in modified form in a few states. Understanding the fee tail will give you a better understanding of the system of estates in land as a whole. This lesson will describe: the characteristics of the traditional fee tail; the characteristics of the fee tail in those states which continue to recognize it today; and the treatment under modern statutes of attempts to create a fee tail in states which no longer recognize that estate. ppl26 |
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John Humbach Professor of Law Pace University School of Law Approximate completion time 10 - 20 minutes per unit..
| The Estate System This lesson and Basic Future Interests are designed to provide a comprehensive interactive tutorial with a scope corresponding to the usual coverage of estates and elementary future interests in the typical first-year property course. They are designed to be useful either for review or as a "first learning exposure" to the subjects covered. The lessons consist of text screens that are regularly interleaved with questions to stimulate thought and reinforce students' learning as they go. Frequent questions are intended to help maintain interest as well as to help students become familiar with new vocabulary and concepts. The Estate System presents the possessory estates from the fee simple absolute to tenancies at will. Emphasis is on the various estates’ modern relevance, the typical language of conveyance that creates them, their differentiating characteristics, and the general theory of carving up the fee simple into particular estates and future interests. (Note: The defeasible fee simple estates are covered in Basic Future Interests). This lesson contains the following units:
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John Humbach Professor of Law Pace University School of Law Approximate completion time 2 hours.
| The Estate System: A Review This review exercise consists of 100 questions about the estate system. It should be attempted only after studying the material in class or in other CALI lessons. ppl62 |
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Patricia Reyhan Professor of Law Albany Law School Approximate completion time 30 minutes.
| Express Easements This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law. Implied easements are the subject of another lesson. ppl18 |
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Robert Steinfeld Professor of Law State University of New York - Buffalo School of Law Approximate completion time 45 minutes.
| Fee Simple Absolute In the Anglo-American legal system land is not owned directly. Rather, people own legal interests in land. The reason land is owned in this way goes back to the feudal origins of land holding in England. The fee simple absolute is one of the estates in land, which emerged from that system. This lesson will help students understand: (1) the legal concept of an estate in land, (2) the legal characteristics of the fee simple absolute, and (3) what is necessary to create a fee simple absolute. ppl14 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 30 minutes.
| Financing Real Estate Transactions: A Basic Introduction This exercise is designed as a basic introduction for the first year law student to the fundamental principles involved in real estate financing, including mortgages, deeds of trust and installment land sales contracts. However, real estate financing is a complicated topic and best dealt with in an upper division Real Estate Finance class. So, this interactive tutorial will not complete the topic, except as typically addressed in a first year Property class. ppl45 |
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John Makdisi Professor of Law Saint Thomas University School of Law, Miami Approximate completion time 30 minutes.
| Future Interest Rules This lesson reviews the key aspects of the Merger Rule, the Rule in Shelley's Case and the Doctrine of Worthier Title. These three rules transform future interests in certain types of conveyances and should be learned after one has mastered the classification of estates and future interests and before one studies the Rule Against Perpetuities. ppl60 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 55 minutes.
| Gifts I: Inter Vivos Gifts This lesson addresses inter vivos gifts of property, focusing primarily on personal property (but with a brief discussion of inter vivos gifts of land). The lesson explores the function of the various requirements (donative intent, delivery, and acceptance) for a valid inter vivos gift and the policies implicated by the law of gifts. The lesson includes a wide variety of problems designed to test student understanding of the rules governing inter vivos gifts. ppl25 |
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Wilson Freyermuth Professor of Law University of Missouri - Columbia School of Law Approximate completion time 1.5 hours.
| Gifts II: Testamentary Gifts, Causa Mortis Gifts and Gifts of Future Interests This lesson follows up and builds upon the material in the lesson on Inter Vivos Gifts, but focuses instead upon transfers at death or in anticipation of death. The lesson should help students to understand the following: the requirements necessary for an effective testamentary or causa mortis gift; the functions these requirements serve; the policies implicated by the law of gifts made at death or in anticipation of death; the extent to which the donor may make an inter vivos gift of a future interest in property; and how courts have distinguished inter vivos gifts of future interests from testamentary gifts. ppl31 |
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Patricia Reyhan Professor of Law Albany Law School Approximate completion time 30 minutes.
| Implied Easements of Necessity This exercise examines the requirements for implication of an easement of necessity. Implied easements of necessity arise when, as a result of an owner of land transferring part of his land, either the transferred part or the retained part is landlocked such that the owner of that parcel cannot gain access to it. ppl36 |
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Barbara Glesner Fines Ruby M. Hulen Professor of Law University of Missouri - Kansas City School of Law Approximate completion time 1 hour.
| Interpreting the Language of Conveyances In property, trusts and estates, or wills students learn a range of technical language for creating estates and interests in land and other property. They have probably prepared themselves to recognize these "magic words" and identify the interests they create. They may even find themselves enjoying this linguistic exercise, feeling as though here, finally, is an area of law in which there are "right" and "wrong" answers. This exercise is designed to take students beyond those "magic words" to work with conveyances in which the magic words aren't used correctly or do not point to a single, plain meaning: to learn rules for interpreting language that are manipulable, sometimes contradictory, but very important to the task of interpretation; and to recognize the uncertainty in creating and interpreting granting language. ppl07 |
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Joseph Grohman Professor of Law Nova Southeastern University Shepard Broad Law Center Approximate completion time 1.75 hours.
| Joint Tenancy This lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses with the status of joint tenancy under modern statutes. ppl21 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 40 minutes.
| Landlord and Tenant: An Introductory Lesson This lesson provides an introductory overview of landlord-tenant law, including: the historical origins of non-freehold estates; basic vocabulary of landlord-tenant law, including the concept of rent; the significance of leases as a mechanism for gaining the right to use and possess land; and the conveyance and contract theories of landlord-tenant law as alternative approaches for fashioning legal rules. ppl23 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 40 minutes.
| Landlord and Tenant: Constructive Eviction The lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment. ppl53 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 40 minutes.
| Landlord and Tenant: Delivery of Possession and Title Covenants This lesson examines the duty of the landlord to deliver possession of the leased premises to the tenant. Courts have split as to whether the landlord has an implied duty to deliver actual physical possession of the property. Express lease provisions that bear on the delivery of possession are also considered. There is also a short discussion of a related topic: covenants of title in leases. ppl52 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 40 minutes.
| Landlord and Tenant: Periodic Tenancy This lesson in landlord-tenant law addresses the periodic tenancy, also known as the periodic estate. Topics include creation of the periodic tenancy by express agreement, creation by implication, and termination of the periodic tenancy by notice. Hybrid transactions, which combine elements of the periodic tenancy and the term of years, are also considered. A sample essay exam question is included. ppl33 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 35 minutes.
| Landlord and Tenant: Quiet Enjoyment This lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment. ppl41 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 40 minutes.
| Landlord and Tenant: Statute of Frauds This lesson addresses the application of the statute of frauds to leases of real property. Topics include the conveyance and contract provisions of the statute; the contents of the lease document that are required to comply with the statute of frauds; the effect upon the parties when a tenant takes possession under an invalid oral arrangement; the doctrine of part performance; and the statutory exception for short-term leases. ppl28 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 30 minutes.
| Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants) This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. A tenant at sufferance is also known as a holdover tenant. Topics include: creation of the tenancy at sufferance by express and implied agreement; the liability of the tenant at sufferance for rent and other obligations; and the landlord's choices in treating the tenant at sufferance as a trespasser or as a tenant for a new term. ppl40 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 35 minutes.
| Landlord and Tenant: Tenancy at Will This tutorial in landlord-tenant law addresses the tenancy at will, also known as the estate at will. Topics include creation of the tenancy at will by express agreement, creation by implication, and termination of the tenancy at will by notice. Hybrid transactions in which one or both parties relinquish or modify their right to terminate at any moment are also considered. ppl39 |
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James Smith John Byrd Martin Professor of Law University of Georgia Law School Approximate completion time 45 minutes.
| Landlord and Tenant: Tenancy for Years This lesson in landlord-tenant law covers the tenancy for years, also known as the estate for years, term for years, or term of years. The following topics are addressed: limits on the parties' choice as to duration of the term; the requirement that the term have a definite ending date; treatment of a lease to commence in the future; termination of the tenancy for years; and the use of renewal options and terms. ppl27 |
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Patricia Reyhan Professor of Law Albany Law School Approximate completion time 20 minutes.
| Licenses Contrasted: Easements by Estoppel This lesson examines the law of licenses, specifically as that law intersects the law of easements. The lesson first defines licenses and contrasts that definition with the definition of easements. It then explores the circumstances in which a license, normally revocable, becomes irrevocable and explains that an irrevocable license essentially gives the parties the same rights and duties as an easement would. ppl48 |
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Robert Steinfeld Professor of Law State University of New York - Buffalo School of Law Approximate completion time 40 minutes.
| Life Estate This lesson will examine the life estate, the shortest freehold estate in land recognized by Anglo-American law. This lesson covers: the definition of the life estate; how the life estate is created along with associated problems; and legal characteristics of the life estate, including the complex legal relationship of the owner of a life estate to the holders of future interests in the land following the life estate. ppl30 |
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Ronald Brown |