Property Class Website
Prof. Scott B. Ehrlich
Welcome to the Property Class Website
This website provides updated information about the course and assignments. It also contains links to the handouts and materials used in the course, as well as links to sites on the web. Feel free to contact me if you have any questions.
Please note: All materials on this web site are protected by copyright and intended for use only by students enrolled in Property II at California Western School of Law. Students enrolled in the class may copy these materials to their own computers. However, these materials may not be transferred to others or posted on publicly accessible web sites.
Materials for the Course
We will be using two resources:
(1) Ehrlich, Supplement; Free Download via Google. I will email instructions. If you want a hard copy, you can order a printed copy through RedShelf for approximately $11.
(2) Dukeminier, Property (8th ed). You can purchase one of the following:
a. Bound hard copy
b. Looseleaf hard copy
c. Digital copy
Password for Documents: There is a password for some documents on this website. It will be announced in class and emailed to you. Some web browsers (such as Safari & some versions of Internet Explorer) will not open password protected PDF files. To open the files, download them to your computer and use Adobe Acrobat or a PDF-compatible browser.
Class Assignments: Below are the day-to-day assignments for the course. Hit the “Refresh” button on your browser to assure you are viewing the most recent updates.As the semester moves forward, you can find earlier assignments previously posted here by clicking on this link: Past Assignments.
1. Tuesday, March 13:
a. Implying Covenants:
1. The Covenant to Deliver Possession on the First Day of the Term: Read Hannan v. Dusch at pages 461–464 and notes 1-3 following the case.When reading Hannan, make sure you determine which covenant in the lease the tenant is asserting was breached. Was the covenant express or implied?
2. Answer the following question:
a. On August 1st, Tenant leased a residential apartment, for a 1 year term commencing September 1st. On September 1st, Tenant showed up with a moving van, pets & children. Unfortunately, there was a prior tenant still in occupancy and that prior tenant shows no signs of leaving. It will take, at a minimum, 2 months and $2,000 to evict him using unlawful detainer proceedings. If she puts up a good defense, it will take $5,000 and 4 months. Can Tenant treat the landlord as having breached an implied covenant to deliver possession on the first day of the term – and terminate the lease and find other premises for the rest of the year?If we follow the decision in Hannan v. Dusch, Tenant will be unsuccessful. Can you identify at least three ways to factually distinguish Hannan.
b. Illegal Leases
1. Read the notes about Brown v. Southall Realty Co. at page 515.
c. The Warranty of Habitability
1. Read Hilder v. St. Peter at pages 515-522 and notes 1-3 following the case. Do problem 4(c) at page 527. When reading Hilder and the notes following the case, concentrate on these questions.
2. Carefully read California Code of Civil Procedure §1174.2 at pages 100-101 of the Supplement.
3. Review the State of California Official Judicial Council Unlawful Detainer Answer.
d. Landlord’s Defaults & Tenant’s Remedies:
1. Retaliatory eviction. Read the notes on retaliatory eviction at page 526.
2. Read the California “Repair and Offset” statute. What rights are given to the tenant under this statute?Review part 3 of the California Unlawful Detainer Answer.
3. Read the City of S.D. Good Cause for Termination Ordinance and excerpts from the article in the Union Tribune. The ordinance was supposed to give periodic tenants with month to month leases some protection from termination of their leases. For instance, Flo is 50 years old and has lived in the same apartment for 20 years under a month to month lease. The landlord now wants to double her rent or terminate her lease by sending one month’s notice. Does the ordinance grant tenants any additional rights to prevent termination of a periodic tenancy?Can the ordinance be raised in an unlawful detainer action for “holding over” after the landlord gives 30 days notice? Review part 3 of the California Unlawful Detainer Answer.
2. Tuesday, March 13:
a. Assignments & Subleases:
1. Read Supplement pages 102-103.
2. Ernst v. Conditt at pages 465-470 and notes 1-3 following the case. Re-read carefully § 1951.4 of the California Code of Civil Procedure excerpts at Supplement page 96.
3. Answer the hypothetical at Supplement page 104.
a. Helpful information and the answer to the hypothetical from Page 104 of the Supplement can be reached by following this link: Assignment Hypo Helpful Info
4. Test your mastery of Assignments & Subleases by answering some questions: MSWord Format, PDF Format
3. Thursday, March 15:
a. Security Deposits:
1. Pages 503-504 and Supplement pages 105-109.
1. You moved out of your apartment two weeks ago, after fully cleaning the apartment. You returned the apartment in the same condition you received it, except for ordinary wear & tear. The landlord has refunded your security deposit but kept $250 as a “cleaning fee.”The landlord’s letter to you states: “It is our policy to pay a professional cleaning service to clean all apartments prior to re-leasing them to the next tenant. Enclosed is a receipt from Acme Cleaning Corp. for the $250 fee for cleaning your apartment.”Is the landlord acting properly or do you have the right to the return of $250 plus interest and, perhaps, punitive damages? (You don’ need to submit a written response to this question. Just be prepared to answer the question.)
c. There is a written response required as part of this assignment (see page 109 of the Supplement). Not more than one typed page. Respond to the landlord using appropriate legal reasoning. Make sure you carefully check appropriate statutes in the Supplement.You may find it helpful to visit the California Tenant Rights Website. You must bring a hard copy to class with your student ID on the top. If you won’t be attending class, email a copy to me prior to the start of class.
d. Introduction to Real Estate Transactions:
1. Introduction. Supplement page 110; Pages 541-544, 570-571, 575-577, 581-582 and 593.
e. The Contract of Sale & Marketable Title:
1. Read the Contract of Sale at pages 544-558.
2. Lohmeyer v. Bower at pages 577-580 and notes 1-3 following the case.
3. Question for Class: All real estate professionals, title companies and mortgage companies consider this case to be an anomaly. The court makes a serious error. What is wrong with the logic of the court?It will help if you read closely Paragraphs 5 and 16(c) of the Standard California Residential Real Estate Contract at pages 117-125 of the Supplement (also available via this link)
4. Tuesday, March 20:
1. The Necessity of a Deed; Form of Deeds.
a. Pages 614-620.
b. Read the California statutory provisions at Supplement pages 111-112.
b. Deed Delivery: It will be helpful if you use some secondary resource to master the rules of deed delivery.
1. Read note 2 on pages 634-635.
2. Read the pre-case text and the case of Rosengant v. Rosengant at pages 638-643, and note 1 following the case.
c. Respond to the following “Delivery of the Deed” hypotheticals:
1. Delivery of the Deed Hypos in PDF Format, Delivery of the Deed Hypos in Word Format.
a. There will be a modest prize for anyone who answers all of the questions correctly. To participate in the contest, email me your answers no later than 4:00 pm the day before class.
5. Thursday, March 22:
a. Deed Delivery:
1. Review the Answers to the Delivery of the Deed Hypos
b. Warranties of Title in Deeds
1. The warranties: Review pages 614-620.
2. Brown v. Lober at pages 620-622 and notes 1-2 following the case.
a. Why didn’t the Brown’s win on the claim for breach of the Warranty of Seisen (“I have good title” – a “present” warranty)?
b. Why did the Brown’s lose in this action to recover for breach of the covenant of Quiet Enjoyment?
c. Who can enforce warranties of title (future v. present warranties):
1. Note at the bottom of page 628-629 (beginning with “Future covenants . . . ) and notes 2-4 at pages 633-634.
2. Respond to the Following Hypothetical:In 1998, Ann conveyed Blackacre to Bob, using a Full Warranty Deed. In 2003, Bob conveyed to Carl, using a Quitclaim Deed. In 2013 Carl conveyed the property to Donna, using a Full Warranty Deed. In 2014 it was discovered that Xavier is the true owner of the Blackacre since 1999. Ann’s title was defective. The land is vacant but very valuable. In 2015, Xavier brings an action and evicts Donna. There is a 10 year statute of limitation for enforcement of covenants. Will Donna succeed in a law suit against Ann, Bob or Carl for breach of deed covenant?
d. Title Insurance:
1. Supplement pages 113-114. D&K page 693, pages 762-763 and notes 1-3 on page 769-770.
6. Tuesday, March 27:
a. Security Interests in Land:
1. Introduction to Mortgages. Read pages 645-651 (including problems on pages 650-651).
2. Installment Sales Contracts: Read the text at the pages 686-687.
b. Recording Acts:
1. Pages 693-699 and 706-709.
2. Pages 715-717 (do problem 2 on page 717). Read the Recording Acts at these pages very carefully
3. Pages 733-734.
4. Does California have a “race,” “race-notice,” or “notice” statute?California Civil Code § 1214 & § 1217 provide:
a. 1214: Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded. . .
b. 1217. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
c. Test Your Understanding of Recording Acts:
1. Respond to the following hypotheticals:Recording Act Hypos
2. Check your answers to the Recording Act Hypos:Recording Act Answers
7. Thursday, March 29
a. Marketable Title Acts
1. Pages 749-751.
b. Constructive Notice by Possession.
1. Read notes on page 741 and 744.
2. Waldorff Ins. & Bonding, Inc. v. Eglin National Bank at pages 744-748. Read problems 1-3 following the Waldorff case.
Links and Reference Materials
1. Sample Essay & Model Answer -- Zoning: The model answer makes brief mention of “special use exceptions”. We will cover special use exceptions in a future class.
2. Radio Excerpts from NPR on the Lake Tahoe case:
a. NPR Excerpt – January 8, 2002
b. NPR Excerpt – April 23, 2002
c. NPR Excerpt – April 24, 2002
3. Information about Grades for the Fall, 2017 Semester
4. Covenants & Servitudes Essay Exam & Model Answer
5. Hypotheticals – Covenants & Servitudes: PDF Format or MSWord Format.
6. Link to California Tenant Rights Website
Questions & Answers
This section contains a link to questions posed by students - and answers posted by Prof. Ehrlich. If you have a question that you would like answered, e-mail Prof. Ehrlich at: firstname.lastname@example.org. Your name will not be posted, just the question & answer. Click here to view Questions & Answers.
Contact Prof. Ehrlich
Office: Room 313, Administration Building (225 Cedar St.)
Tuesday, Wednesday and Thursday
I’m often available, please knock.
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