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I. Transfers of Land: A. The Land Transaction: Contracts of Sale, Deeds, Mortgages, and Financing

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This document outlines topics in Property II law, including: 1. Transfers of land through contracts of sale, deeds, mortgages, and financing. It also discusses title assurance through the recording system. 2. Private land use controls through easements and covenants running with the land. 3. Legislative land use controls including zoning, eminent domain, inverse condemnation, and exactions. The outline provides an overview of the major subtopics within these areas.

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I. Transfers of Land: A. The Land Transaction: Contracts of Sale, Deeds, Mortgages, and Financing

Uploaded by

Haifa
44 views2 pages
This document outlines topics in Property II law, including: 1. Transfers of land through contracts of sale, deeds, mortgages, and financing. It also discusses title assurance through the recording system. 2. Private land use controls through easements and covenants running with the land. 3. Legislative land use controls including zoning, eminent domain, inverse condemnation, and exactions. The outline provides an overview of the major subtopics within these areas.

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Prop 2 outline

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Property 2 Outline

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This document outlines topics in Property II law, including: 1. Transfers of land through contracts of sale, deeds, mortgages, and financing. It also discusses title assurance through the recording system. 2. Private land use controls through easements and covenants running with the land. 3. Legislative land use controls including zoning, eminent domain, inverse condemnation, and exactions. The outline provides an overview of the major subtopics within these areas.

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
44 views2 pages

I. Transfers of Land: A. The Land Transaction: Contracts of Sale, Deeds, Mortgages, and Financing

Uploaded by

Haifa
This document outlines topics in Property II law, including: 1. Transfers of land through contracts of sale, deeds, mortgages, and financing. It also discusses title assurance through the recording system. 2. Private land use controls through easements and covenants running with the land. 3. Legislative land use controls including zoning, eminent domain, inverse condemnation, and exactions. The outline provides an overview of the major subtopics within these areas.

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© All Rights Reserved
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Property II Law Outline | Haifa Nesheiwat

I. Transfers of Land
A. The Land Transaction: Contracts of Sale, Deeds, Mortgages, and Financing
1. The Contract of Sale
a. The Statute of Frauds (Hickey)
b. Marketable (or Default) Title (Lohmeyer)
c. The Duty to Disclose Defects (Stambovsky, Johnson)
d. Breach of the Sales Contract
2. The Deed
a. Warranties of Title (Rockafellor)
b. Delivery (Rosengrant)
3. Mortgages (Murphy)
B. Land Transactions: Title Assurance
1. The Recording System
a. Types of Indexes (Luthi, Orr)
b. Types of Recording Acts (Messersmith)
c. Chain of Title Problems (Hughes)
d. Inquiry Notice (Harper, Waldorff)

II. Land Use Controls


A. Private Land Use Controls: The Law of Servitudes
1. Easements
a. Creation and Types of Easements
(1) Express (Willard)
(2) Implied
(a) Estoppel
(b) Prescription
(c) Prior Use (Van Sandt)
(d) Necessity (Othen)
b. Assignability and Scope of Easements (Brown)
c. Termination of Easements
2. Covenants Running With the Land
a. Covenants Enforceable At Law: Real Covenants
b. Covenants Enforceable In Equity: Equitable Servitudes
c. Creation of Covenants (Sanborn, Neponsit)
d. Scope of Covenants (Shelly)
e. Termination of Covenants (Western Land, Pocono Springs)
f. Common Interest Communities (Nahrstedt)

B. Legislative Land Use Controls


1. Zoning
a. Introduction: History, Fundamentals
b. Nonconforming Uses (PA Northwestern)
c. Vested Rights
Property II Law Outline | Haifa Nesheiwat

d. Variances (Commons)
e. Conditional Use Permits (or Special Exceptions) (Cope)
2. Eminent Domain
a. The Power of Eminent Domain
b. Public Use (Kelo)
c. Just Compensation
3. Inverse Condemnation
a. Categorical Rules
(1) Permanent Physical Occupation (Loretto)
(2) Nuisance Control? (Hadacheck)
b. Balancing Rules
(1) Diminution in Value (Penn. Coal, Penn Central)
(2) Reciprocity of Advantage
(3) Investment-Backed Expectations
c. Modification of Earlier Rules
d. Remedies
e. Rules for Exactions (Koontz)

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