Course Description
How law impacts real estate, its ownership, conveyance, and development. Real property ownership interests, restrictions on such interest, methods of transferring such interest, private and public land-use controls, and legal transactions involving real estate, such as gifts, sales, and leases.
Athena Title
Real Estate Law
Prerequisite
REAL 4000 or REAL 4000H or REAL 4000E
Semester Course Offered
Offered every year.
Grading System
A - F (Traditional)
Course Objectives
Understanding how real estate law impacts real property ownership, conveyance, and development. Familiarizing students with real property ownership interests, restrictions on such interests, methods of transferring such interests, private and public land-use controls, the mortgage crisis of 2008 and foreclosures, and legal transactions involving real estate, such as gifts, sales, and leases.
Topical Outline
I. The Nature of Real Estate Interests a. Sources of Real Estate Law b. Land Interests: Present and Future i. Freehold Estates and Accompanying Future Interests c. Extent of Real Estate Interests i. Air Rights, Surface, and Subsurface Rights ii. Water Rights iii. Trespass and Nuisance iv. Premises Liability d. Non-possessory Interests in Real Estate i. Easements ii. Profits iii. Licenses iv. Covenants II. Real Estate Ownership a. Co-Ownership of Real Estate i. Tenancies in Common ii. Joint Tenancies iii. Tenancies by the Entirety iv. Community Property b. Landlord-Tenant Relationship c. Commercial Leases III. Transferring Title to Real Estate a. The Broker’s Role in the Transfer of Real Estate i. Types of Real Estate Broker Relationships ii. Listing Agreements iii. Responsibilities of Brokers/Agents iv. Legal Duties to Third Parties b. The Purchase Contract i. Specific Requirements and Terms in Real Estate Contracts ii. Misrepresentation and Disclosure Statutes c. Methods of Transfer and Conveyance in Real Estate i. Types of Deeds ii. Adverse Possession iii. Gifts iv. Recording Title v. Closing d. Foreclosures IV. Real Estate and Economic Development a. Zoning b. Constitutional Issues in Real Estate i. Eminent Domain ii. Fair Housing Act c. Environmental Law d. Legal Issues in Land and Economic Development
Syllabus