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).

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.

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 Assignments 465 points Unit 1 Writing Assignment 95 points Unit 3 Writing Assignment 95 points Unit 4 Writing Assignment 100 points Unit 6 Writing Assignment 75 points Unit 8 Writing Assignment 100 points

Midterm Project 175 points Final Course Project 200 points

TOTAL POINTS: 1000

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.

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.

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.

Land and anything permanently attached, including:Buildings, structures, fixturesWater, water rightsMinerals on and below the surface of the earth.Trees & cropsAir space above the surface

Anything other than real property, including:Clothing, jewelry, furniture, appliances in a

homeAutomobiles, ATVs, lawnmowersEquipment & machinery used in businessCopyrights, patents, trademarksSoftware, stocks, loans, mutual funds

Must be delivered in order to transfer ownership.

May be tangible or intangible.

Possess, use and enjoy the propertyDispose of, sell, consume, modify, insure or

destroy the propertyGive the property away by will after deathLease the property to a tenant

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

Purchase contract – earn money and use it to buy

Gift – includes intent, delivery and acceptanceIntellectual labor – creation of property Inheritance – wills and trustsAccession – farm animals naturally increaseFound property – lost or mislaidOccupancy – possession of property that

belongs to no one else

Grantor - conveys a deed to real propertyGrantee – receives the deed

QuitclaimTransfers a seller’s interest in a property but

doesn’t warrant that the seller owns any interest

General Warranty DeedWarrants the titleMost desirable for the buyer

Bargain and Sale Deed Transfers title to property without giving

warranties

Transfer of title (ownership) to propertyNot all transfers require written titles

Purchases of goods from a retail storeCertain transfers have formal titles-Vehicles

Are registered with the state MUST BE NOTARIZEDRequire odometer reading disclosure

statementsRequire damage disclosure statements

Police powers by governmentNuisance ordinances enacted by citiesZoning ordinances enacted by cities to

regulateHealth and public safety issuesCertain physical rightsEminant domainDeed restrictionsEasements

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)

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.

Restrictive CovenantsDeed restrictionsExample- a homeowners association restricts

parking cars in the streetEasements 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.

(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.