PROPERTY

Transactions and Land Use

Spring 2022 Dean Benjamin Barros

Tuesdays and Thursdays, 1:00 – 2:30 p.m. ben.barros@utoledo.edu
LC1013 419-530-2379

Course Description: An introduction to the law of personal property and comprehensive

coverage of the law of real property as it relates to estates and interests in land, landlord-
tenant relationships, real estate transactions, private agreements respecting the use of land
and public controls upon property use.

Learning Outcomes: By the end of this course, students will have acquired the ability
to:

 interpret and critically analyze legal cases and other sources of property law
 understand, outline, and synthesize rules of covered topics in property law
 engage in legal reasoning to apply rules and policies to new sets of facts
 critique legal rules based on policy arguments
 interpret the language of conveyances of property and identify the interests
created by those conveyances
 apply rules of construction in interpreting ambiguous conveyances
 write essays in IRAC format

Required Text: Barros, Hemingway, and Cavalieri, Property Law, Second Edition,
Wolters Kluwer, ISBN 978-1-4548-9791-0. Please note that I will be donating the
royalties that I receive from the sale of books to students in this course to the University
of Toledo Foundation for the benefit of the Student Bar Association. At some point
during the semester, I will need to ascertain the number of new books purchased by
students in the course. You are welcome to purchase used books, but I only receive
royalties on new books.

Office Hours: As Dean, it is very challenging to hold regularly scheduled office hours.
You may set up a time to meet with me via WebEx by e-mailing my assistant, Derek
Dickerson, at derek.dickerson@utoledo.edu.

Course Requirements:

Attendance, Preparation and Class Participation: With one important caveat, I expect you
to attend every class, be prepared for every class and participate regularly in class
discussions. That caveat is this: if you are not feeling well, or you have been asked to
isolate due to COVID-19 exposure, you should stay home. Please err on the side of
public health and stay home if you have any doubts. I will be recording each class
meeting, and will find other ways to review class material with students who miss class
for health reasons. I recognize that life sometimes intrudes and that you might
occasionally have to attend a class unprepared. In these circumstances, you should send
me an e-mail before class. I will take attendance each class. Because of the pandemic,
there will be some flexibility with the College of Law’s attendance policy. That said,
excessive unexcused absences may lead to a student being withdrawn from the course.

Exam and Grading: I will give you a series of quizzes during the semester that will count
for one-third of the final grade. These quizzes will be multiple-choice. The final exam
will consist of one or more essay questions, and will count for two-thirds of the final
grade. The final exam will be two hours. The exam and quizzes will be closed-book, and
may cover any subjects contained in the assigned readings, handouts, or class
discussions. Class participation will not factor directly in your grade, but it is incredibly
important to the learning process. Many studies have shown a strong correlation between
class participation and good grades.

A Note on Commercial Outlines and Canned Briefs: Reading the assigned text and
attending class will give you everything that you will need to do well on the exam. I
have no problem with you reading commercial outlines; be aware however, (a) that none
of the commercial outlines are tied to my textbook, so they are of limited utility; (b) that
commercial outlines aren’t always right; (c) that they don’t include everything you will
need to know and are not a substitute for doing the work yourself and (d) that law
professors are aware of commercial outlines, read them, and write their exams
accordingly. Avoid canned briefs that can be found online – they are often inaccurate,
and more importantly one of the most critical skills you will learn in your first year is
how to read a case.

Laptop Use, Recording, and Cell Phones: I do not permit the use of laptops or similar
devices in class. An increasing number of studies show that prohibiting in-class laptop
use enhances student learning. I have observed a large number of classes over the past
few years. At any given time, at least twenty percent of students who are using laptops
are doing something unrelated to class. The ability to take good handwritten notes also is
an important practice skill, even today. If you have a documented disability for which
laptop use is an accommodation, you may use a laptop in class. You may not use your
cell phone or similar device during class.

Academic Accommodations: The University of Toledo is committed to providing equal

access to education for all students. If you have a documented disability or you believe
you have a disability and would like information regarding academic accommodations in
this course please contact the Student Disability Services Office.
 SYLLABUS

All readings are from the Barros, Hemingway, & Cavalieri textbook. I may supplement
the readings with handouts from time to time.

You will see that in places that I ask you to skim certain parts of the text. For each of
these sections, I will record a lecture to accompany the readings. You are responsible for
the content of these pages, but I will be clear in the accompanying lecture what I want
you to know. There is no need to brief material marked as “skim” before class.

I. Real Estate Transactions

A. Brokers, Agents, and the Law of Real Estate Professionals

Read p. 381. Skim pp. 382-403.

B. Major Risks in a Real Estate Transaction

pp. 403-407

C. Title Issues

pp. 407-458

D. Physical Condition Issues

pp. 459-479. Skim the PA Seller Disclosure Law, pp. 466-471.

E. Other Major Contracting Issues

pp. 479-495. Skim the material on Remedies for Breach of Contract, pp. 493-495.

F. The Closing and Deed Delivery

pp. 496-508

G. Real Estate Finance

pp. 508-538

II. Servitudes

A. Fundamental Concepts

pp. 539-543

B. Easements

pp. 543-628. Skim the material on changed circumstances and beach access, pp.
600-626.
 C. Covenants that Run with the Land

pp. 628-706. Skim the Nahrstedt case, pp. 647-662.

III.Nuisance

pp. 707-735

IV. Land Use Regulation

A. Zoning Fundamentals

pp. 737-748. Skim Euclid v. Ambler Realty, pp. 739-746.

B. Pre-Existing Nonconforming Uses

pp. 748-758

C. Variances, Special Exceptions, and Zoning Amendments

pp. 758-780

D. Exclusionary and Inclusionary Zoning

pp. 780-781

E. Zoning and the First Amendment

pp. 781-790. Skim Ladue v. Gilleo, pp. 782-790.

F. Defining “Family” in the Zoning Context

pp. 791-801

G. Federal Statutes Limiting Municipal Zoning Laws

pp. 801-821. Skim Edmonds v. Oxford House, pp. 801-806, and Guru Nanak, pp.
808-821.

V. Takings

A. Eminent Domain, “Just Compensation,” and “Public Use

pp. 823-870. Skim Berman, pp. 843-846, and Midkiff, pp. 847-851.

B. “Private Property,” “Taken,” and the Regulatory Takings Problem

pp. 870-982. Skim Murr, pp. 957-973.