1L - First Year Lesson Topics

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.

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.

This is the second lesson of two designed to introduce the beginning student to the basic concepts involved in a contract for the purchase and sale of real estate.

This lesson explores the myriad ways in which easements may be terminated. It begins by focusing on express termination, the most effective way to terminate an easement when the holder of the benefit of the easement agrees to terminate it. The bulk of the interactive tutorial deals with the more complicated problem of termination without the express consent of the benefitted party.

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.

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).

This exercise is designed as a basic introduction for the beginning student to the fundamental principles involved in real estate financing . However, real estate financing is a complicated topic and best dealt within 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.

This lesson's overall plan is to introduce students to the basic principles involved with two common modifications to the common law Rule Against Perpetuities: Wait-and-See and Cy Pres. The exercise assumes the student is familiar with Possessory Estates, Future Interests, and the common law Rule Against Perpetuities; it is suggested students work through those exercises first.

This exercise is designed as an introduction for beginning Property students to the basic concepts involved in a traditional contract used in a standard real estate transaction.

This lesson is an introduction to the Uniform Statutory Rule Against Perpetuities. As such, it addresses the basic concepts a first year Property student is likely to encounter when analyzing this statute.

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.

This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. This subject is also known as the law of holdover tenants. Topics include creation of the tenancy at sufferance by implied and express agreement, the landlord's election to treat the tenant at sufferance as a trespasser or as a tenant under a new lease, and the liability of the tenant at sufferance for rent and other obligations. Eviction rules and procedures are not covered in detail in this lesson.

This lesson 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.

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.

This exercise introduces one of the most significant vehicles for acquisition of an easement without the agreement of the servient landowner. Prescriptive Easements (also known as Easements by Prescription) arise out of open, notorious, adverse and continuous use of another person's land for the statutorily determined period of time. Through this use, a person essentially "adversely possesses" an easement over another's land. This tutorial introduces the user to the significant hurdles that face a claimant of an easement by prescription.

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.

This lesson is designed to introduce the novice to the essential concepts of the common law Rule Against Perpetuities. It is presumed the reader has a basic understanding of estates and future interests. This Lesson is designed, also, to help the student develop an analytical approach to solve problems arising under the rule.

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.

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.

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.

This lesson will examine the life estate, the shortest freehold estate in land recognized by Anglo-American law.

This lesson is the fourth of several addressing the various issues relating to the concurrent ownership of property. It is designed to introduce Property students to the rights and obligations co-tenants have when dealing with property held by a concurrent estate. The lesson addresses each respective tenant’s possessory rights, obligations for costs and expenses relating to the subject property, potential for ousting another co-tenant, and liabilities in the event of having ousted another co-tenant.

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.

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.