Property I and II
Associate Professor Kristen Gustafson Juras
Adjunct Professor Alan McCormick
2 and 3 Credit(s)
LAW 550 and 551
Property I (2 credits) begins with a discussion of the rights protected by property law, including the right to exclude (trespass law) and the right to use; how those rights developed; their impact on Native American aboriginal title; and restrictions on the exercise of those rights. We’ll review laws governing the use of water, including the use of navigable waterways and their streambeds, allocation of water rights, and stream access. In the area of personal property, we’ll review the rules that determine priority of ownership claims to wildlife, shipwrecks, and lost property. We’ll close the first semester with a review of basic intellectual property rights, including copyrights, patents and trademarks.
Property II (3 credits) begins with a study of present and future interests in land, and different forms of co-ownership of property. We will then examine the laws governing real estate transactions (leases and sales) and the creation of easements. We’ll review how parties can control the use of land by agreement through restrictive covenants, as well as government regulation of land use through zoning. We’ll survey some important environmental laws affecting property, and conclude the semester with a study of eminent domain and government takings.