Contact
Heidi Gorovitz Robertson, J.D., LL.M, J.S.D.
- Email Address:
- h.robertson@csuohio.edu
- Office Location:
- LB 130
- Office Hours:
- By appointment; schedule with Bookings
Course Description
Property Law involves the study of the creation and allocation of rights to resources in varied forms. These resources include real property (land and things permanently attached to land such as houses or other structures). Property law also addresses rights to tangible personal property (such as books or furniture) and intangible personal property (such as author or investor's rights to control use of his creation, or shares in a company.) The major goal of the course is to familiarize students with the foundations and norms of both historic Property Law formulations and contemporary Property Law concepts.
Prerequisites/Corequisites: None
Credit Hours: 4
Course Structure
This is an online course. Online courses create a unique opportunity to enhance student-to-student and faculty-to-student communication. They also enable student-centered teaching approaches and provide 24/7 accessibility to course materials. Within an online course, students are provided with learning materials that facilitate knowledge acquisition before coming to synchronous sessions so they can apply what they have learned as active learners.
Drop/Withdraw Dates
Course withdrawals are the responsibility of the student. The CSU Law School academic calendar lists the dates by which a student can successfully withdraw from a course.
Voluntary withdrawal from a one-semester class is generally permitted at any time prior to the beginning of the fifth week of classes. Review Academic Regulation 3.1 of the Student Handbook to determine your status and contact the Office of Student and Career Services. It is also extremely important to be mindful of any financial impact by contacting CSU’s All-in-1 team and reviewing the CSU refund policy provided by the Bursar’s Office.
Program Learning Outcomes
To help all graduates achieve a high level of readiness post-graduation, all courses in the CSU J.D. program are organized around four essential building blocks.
Building Block | Explanation |
---|---|
Knowledge and Understanding | Knowledge and understanding of substantive and procedural law
|
Analysis, Research, Problem-solving, and Communication | Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context Legal analysis
Legal research
Problem-solving
Written and oral communication in a professional context
|
Professional and Ethical Responsibilities | Exercise of proper professional and ethical responsibilities to clients and the legal system
|
Professional Skills | Other professional skills needed for competent and ethical participation as a member of the legal profession
|
Course Learning Outcomes
By the end of this course, students will be able to:
- Identify, explain, and apply the various rights of property owners and the limitations on those rights.
- Identify, explain, and apply the rights that nonowners have in property owned by others.
- Identify circumstances in which nonowners can gain ownership of property and why these rights exist.
- Explain the nuances of estate law and apply them to real cases.
- Differentiate between rights granted by ownership and by lease.
- Provide legal analysis of property cases both orally and in writing.
- Prepare well-written and well-structured legal analysis of property law.
- Connect legal principles between different areas of property law.
- Synthesize and apply legal concepts from property cases to new legal scenarios.
Texts and Other Materials
Required Reading
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Rᴀʏᴍᴏɴᴅ R. Cᴏʟᴇᴛᴛᴀ, Wᴏʀᴋʙᴏᴏᴋ ᴏɴ Esᴛᴀᴛᴇs ᴀɴᴅ Fᴜᴛᴜʀᴇ Iɴᴛᴇʀᴇsᴛs (3rd ed. 2013).
- All other required documents, articles, and videos will be provided in your Blackboard Ultra online course.
Additional Resources
-
Rɪᴄʜᴀʀᴅ C. Wʏᴅɪᴄᴋ & Aᴍʏ E. Sʟᴏᴀɴ, Pʟᴀɪɴ Eɴɢʟɪsʜ ғᴏʀ Lᴀᴡʏᴇʀs (7th ed. 2024).
Blackboard Ultra
Blackboard Ultra is the learning management system (LMS) that we will use throughout this course for class announcements, lectures, documents, assignments, and online discussions. Students should visit the course Blackboard Ultra site daily for important information concerning the course. Blackboard Ultra also allows students to track how well they are satisfying the requirements of the course.
- Please note that the grade appearing in the LMS may not be reflective of a student’s official final grade.
Communication Policy
Faculty generally strive to respond to individual messages within 24 hours of receipt (or up to 48 hours during weekends). Communication with faculty should be done by email or by setting up an appointment in Bookings (see the Contact section).
Live Synchronous Sessions
Each course will have required synchronous meeting times throughout the semester. Dates and times are listed in the Course Schedule section of this syllabus as well as in Module 00 of the course. It is expected that students attend and actively participate in synchronous sessions. Attendance and participation in synchronous sessions enhance learning and provide an opportunity for interaction with peers and the course instructor.
Course Assessments
Grades will be based primarily on midterm and final exams, but will also rely on participation, assignments, discussions, and activities.
Select each tab for more information.
Endeavor to be well-prepared to participate fully in class. This means that you have read the assigned material, have given the material thought, and are prepared for activities and assignments associated with it. In the case of live sessions, ensure that you have engaged in the material thoroughly enough to productively contribute to the session. Contact your instructor immediately if you believe you cannot be prepared for active participation in a live session. Otherwise, it will be assumed that you are completely prepared and willing/able to participate when called upon to do so.
Attendance, participation, and preparedness accounts for 10% of the final course grade.
Most of the written work you do in this course will not be submitted or graded, but there are some more substantive assignments and discussions you will need to complete thoughout the modules. These assignments are designed to enrich your understanding of key aspects of property law.
Assignments and discussions account for 15% of the final course grade.
One important and challenging aspect of property law is estates, covered in Modules 04 and 05. After you complete the estate law modules, you will have your first midterm, devoted entirely to estates.
Midterm Exam 1 accounts for 10% of the final course grade.
Around the middle of the term, you will have your second midterm exam, which will cover all material up to that point, excluding estates.
Midterm Exam 2 accounts for 15% of the final course grade.
At the end of the course, you will take an exam that tests your understanding of the themes, concepts, and topics presented across the whole course. Matter tackled on the midterm exams may also appear on the final exam.
The final exam accounts for 50% of the final course grade.
Assignment and Assessment Rubrics
All grading rubrics and details can be found within the specific assignment, discussion, activity, or exam they are connected to within the Blackboard Ultra online course.
Late Assignment Policy
Late work will not be accepted except in extraordinary circumstances and with prior permission.
Missed Exam Policy
Unless the student obtains advance permission from the Dean to take a scheduled examination at another time, any student who fails to take and complete an examination by the due date shall receive a grade of “F” for that examination or, if the examination is graded numerically, a zero for that examination. Permission to take an examination at a different time will be granted only upon a showing of good cause.
A professor shall have discretion to stipulate that failure to take an examination in the course shall constitute a failure to complete the requirements of the course and shall result in a final grade of “F” being awarded for the course.
Adapted from Academic Regulation 3.6 in the CSU College of Law School Student Handbook.
University Statements
Select each tab for more information.
Course Schedule
All course content is available in Blackboard Ultra. Each module of the course runs from Monday (Day 1) through Sunday (Day 7). See the Course Calendar for specific due dates. You are responsible for keeping track of due dates and submitting assignments and participating in discussions on time.
Select each tab for more information.
Readings
- Course syllabus
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Section 1.A: Why Recognize Property? (pp. 1–14)
Orientation Materials
- About Your Instructor
- Meet Your Student Experience Online Coach (SEOC)
- Navigating Your Course
- Course Information
- Grading Guidelines
- Synchronous Session Information
- Robertson’s Rules
- How to Analyze Cases
Lessons
- Lesson 0.1: Orientation Materials
- Lesson 0.2: Five Theories of Property
- Lesson 0.3: The Fox
Assignments and Activities
- Discussion 0.1: Who Owns the Fish?
- Activity 0.1: End-of-Module Survey
Readings and Instructional Materials
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Section 1.B: What Is Property? (pp. 24–26, 46–88)
Lessons
- Lesson 1.1: Right to Exclude—Jacque v. Steenberg Homes
- Lesson 1.1: Right to Exclude—State v. Shack
- Lesson 1.1: Right to Use—Sundowner Inc. v. King
- Lesson 1.1: Right to Use—Prah v. Maretti
- Lesson 1.1: Right to Destroy—Eyerman v. Mercantile Trust Co.
Assignments and Activities
- Activity 1.1: Hypothetical Scenarios
- Synchronous Session 1.1: Meeting Information
- Discussion 1.1: Interpreting State v. Shack (Group)
- Quiz 1.1: Bundle of Sticks
- Activity 1.2: End-of-Module Survey
Readings and Instructional Materials
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 2: Owning Real Property (pp. 90–99, 105–07, 117–26)
Lessons
- Lesson 2.1: What Is Adverse Possession?
- Lesson 2.2: Elements of Adverse Possession—Gurwit v. Kannatzer
- Lesson 2.3: Proving Adverse Possession—Howard v. Kunto
Assignments and Activities
- Activity 2.1: Hypothetical Scenarios
- Assignment 2.1: Adverse Possession
- Quiz 2.1: Adverse Possession
- Activity 2.2: End-of-Module Survey
Readings and Instructional Materials
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 1: The Concept of Property (pp. 8–14)
- Chapter 3: Owning Personal Property (pp. 153–78, 183–84, 214)
Lessons
- Lesson 3.1: Rule of Capture
- Lesson 3.2: Finders
Assignments and Activities
- Activity 3.1: Hypothetical Scenarios
- Quiz 3.1: Rule of Capture and Law of Finders
- Activity 3.2: Practice Exam (Required)
- Activity 3.3: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 5: Estates and Future Interests (pp. 296–306, 312, 317–22, 332–44)
- Rᴀʏᴍᴏɴᴅ R. Cᴏʟᴇᴛᴛᴀ, Wᴏʀᴋʙᴏᴏᴋ ᴏɴ Esᴛᴀᴛᴇs ᴀɴᴅ Fᴜᴛᴜʀᴇ Iɴᴛᴇʀᴇsᴛs (3rd ed. 2013).
- Introduction (pp. 3–13)
- Present Possessory Estates (pp. 17–98)
- Future Interests in Transferees (pp. 99–150)
Lessons
- Lesson 4.1: Basic Estates and Modifications
- Lesson 4.2: Future Interests
- Lesson 4.3: Estate Classification Reference Tables
Assignments and Activities
- Synchronous Session 4.1: Meeting Information
- Activity 4.1: Basic Estates Practice
- Activity 4.2: Defeasible Freehold Estates Practice
- Activity 4.3: Future Interests Practice
- Quiz 4.1: Estates
- Activity 4.4: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Section 5.D: Rules Furthering Marketability (pp. 344–53, 356–61)
- Rᴀʏᴍᴏɴᴅ R. Cᴏʟᴇᴛᴛᴀ, Wᴏʀᴋʙᴏᴏᴋ ᴏɴ Esᴛᴀᴛᴇs ᴀɴᴅ Fᴜᴛᴜʀᴇ Iɴᴛᴇʀᴇsᴛs (3rd ed. 2013).
- Bullet Points (pp. 14–15)
- Rules Furthering Marketability (pp. 153–294)
- Review Problems (pp. 295–378)
Lessons
- Lesson 5.1: Rules Furthering Marketability
- Lesson 5.2: The Rule Against Perpetuities
- Lesson 5.3: Class Conveyances
Assignments and Activities
- Activity 5.1: Hypothetical Scenarios
- Activity 5.2: Estate Midterm Prep Questions
- Quiz 5.1: Midterm Prep Check-In
- Activity 5.3: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 6: Concurrent Ownership and Marital Property (pp. 363–86, 416)
Lessons
- Lesson 6.1: Types of Modern Concurrent Estates
- Lesson 6.2: Modern Concurrent Estates—James v. Taylor
- Lesson 6.3: Severance
- Lesson 6.4: Partition
- Lesson 6.5: Co-tenant Right and Duties
Assignments and Activities
- Exam 6.1: Midterm 1 (Estates in Land and Future Interests Only)
- Activity 6.1: Hypothetical Scenarios
- Quiz 6.1: Types of Tenancy
- Activity 6.2: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 7: Leasing Real Property (pp. 419–20, 435–55, 464–70)
Lessons
- Lesson 7.1: Creating a Tenancy
- Lesson 7.2: Creating a Tenancy—Keydata Corp v. U.S.
- Lesson 7.3: Condition of the Premises
- Lesson 7.4: Implied Warranty of Habitability
- Lesson 7.5: Transferring the Tenant’s Interest
Assignments and Activities
- Activity 7.1: Hypothetical Scenarios
- Synchronous Session 7.1: Meeting Information
- Discussion 7.1: Negotiating the Lease
- Quiz 7.1: Leasing Real Property
- Activity 7.2: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Section 7.C: Transferring the Tenant’s Interest (pp. 470–80)
- Section 7.D: Ending the Tenancy (pp. 487–501, 508–509)
Lessons
- Lesson 8.1: Abandonment of the Tenancy
- Lesson 8.2: Security Deposits and Eviction
Assignments and Activities
- Quiz 8.1: Abandonment of Tenancy
- Activity 8.1: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 8: Selling Real Property (pp. 511–50)
Lessons
- Lesson 9.1: The Purchase Contract—Statute of Frauds
- Lesson 9.2: The Purchase Contract—Marketable Title
- Lesson 9.3: The Purchase Contract—Equitable Conversion and Duty to Disclose
- Lesson 9.4: Agents and Brokers
- Lesson 9.5: The Closing and the Deed
Assignments and Activities
- Exam 9.1: Midterm 2 (Covering Everything Except Estates)
- Activity 9.1: Hypothetical Scenarios
- Assignment 9.1: Scenario Writing and Analysis—Selling Real Property
- Quiz 9.1: Marketable Title and Delivery
- Activity 9.2: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Section 8.C: Title Assurance (pp. 556–69, 577–78, 584–93, 598–600, 605–07)
Lessons
- Lesson 10.1: Title Covenants
- Lesson 10.2: Recording Acts
Assignments and Activities
- Activity 10.1: Hypothetical Scenarios
- Quiz 10.1: Recording Acts
- Activity 10.2: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 9: Financing Real Property (pp. 609–19, 623, 630–36, 642–44)
Lessons
- Lesson 11.1: Creating the Obligation
- Lesson 11.2: Providing the Security
- Lesson 11.3: Foreclosing on the Security
- Lesson 11.4: Borrowers’ Rights Before and After Foreclosure
Assignments and Activities
- Activity 11.1: Hypothetical Scenarios
- Synchronous Session 11.1: Meeting Information
- Quiz 11.1: Foreclosure
- Activity 11.2: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Chapter 10: Private Land Use Planning (pp. 645–84, 690–92)
Lessons
- Lesson 12.1: Servitudes
- Lesson 12.2: Express Easements and Easements Implied by Prior Use
- Lesson 12.3: Easements Implied by Necessity—Berge v. State of Vermont
- Lesson 12.4: Prescription and Estoppel
- Lesson 12.5: Interpreting Easements (Scope)
- Lesson 12.6: Terminating Easements
Assignments and Activities
- Assignment 12.1: Scenario Writing and Analysis—Private Land Use
- Activity 12.1: Hypothetical Scenarios
- Synchronous Session 12.1: Meeting Information
- Quiz 12.1: Private Land Use Restrictions
- Activity 12.2: End-of-Module Survey
Readings
- Jᴏʜɴ G. Sᴘʀᴀɴᴋʟɪɴɢ ᴇᴛ ᴀʟ., Pʀᴏᴘᴇʀᴛʏ: A Cᴏɴᴛᴇᴍᴘᴏʀᴀʀʏ Aᴘᴘʀᴏᴀᴄʜ (6th ed. 2024).
- Section 10.B: Land Use Restrictions (pp. 693–714, 739–40)
Lessons
- Lesson 13.1: Real Covenants and Equitable Servitudes
- Lesson 13.2: Real Covenants—Deep Water Brewing, LLC v. Fairway Resources Ltd.
- Lesson 13.3: Equitable Servitudes—Gambrell v. Nivens
- Lesson 13.4: Discriminatory Covenants
Assignments and Activities
- Synchronous Session 13.1: Meeting Information
- Assignment 13.1: Covenant Enforcement
- Quiz 13.1: More Private Land Use Restrictions
- Activity 13.1: End-of-Module Survey
Readings
- None
Lessons
- None
Assignments and Activities
- None
The instructor will provide study materials through an announcement.
Readings
- None
Lessons
- None
Assignments and Activities
- Exam 15.1: Final Exam
Policy on Course Changes
This syllabus and schedule are subject to modifications for unforeseen circumstances. Any changes will be announced in class, and/or an announcement in the LMS, and/or distributed as a group email. Students are expected to read their email and the announcements in a timely manner.