Archive for the Posts Category

Convey the Land Problems

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  1. O wants to give his land to his only child, but O wants the land to stay in the family forever. How should he proceed?

 

  1. O wants to sell her property for the highest possible price. How should she proceed?

 

  1. O wants to give his land to A, but he wants the land back if it is used for commercial purposes. Can he do so? How?

 

  1. O wants to give her land to her husband until he dies. Can she do so? How?

 

  1. O wants to give her land to her church as long as it is used for church purposes, but if the land ceases to be used for church purposes, then O wants to be able to take back the property. Can she do so? How?

 

  1. O wants her friend A to have a FSA.

 

  1. O wants A to have a fee simple almost – just doesn’t want the land to ever be used for commercial purposes

 

  1. O wants her son to have the land until he dies and then she wants the land to come back to her

 

  1. O wants her son to have the land until he dies and then she wants the land to go to her daughter.

 

  1. O wants her son to have the land until he dies and then she wants the land to go to her daughter unless her daughter got married before then.

 

Audio for 3/7/16

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Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.

Owley3-7-16

 

Or listen to the audio in the browser here:

In case you are having trouble delivering #3

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If you go to the Property home page on UBLearns and scroll down you will see a box titled “What’s New” you will see a hyperlink for assignments, click on that and the hyperlink for assignment #3 Gifts will be there.

More Questions

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Q: For the Gifts assignment, should we cite cases, or just the concepts explained in the cases when we’re giving our advice. Would it make it less confusing?
 
A: No hard or fast rule here, but I see that it could be handy to have a case citation or two.
Q: Does Wilma have to transfer her shares all at once? Can she transfer a majority of them to Sam now if she wants and wait to make a decision on the others? If she does not transfer them to Sam now and then ends up passing, will the shares go to her estates so basically Sam and Dorothy will get them divided up evenly?
A: Sorry, I can’t really answer something this detailed. Feel free to include options, ideas, and suggestions in your assignment or even mention things that you might want to research further or avenues to explore.

Slides from March 2, 2016

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Prop 16 Class 7

 

This is actually class #8, but is lecture #7 because we didn’t have lecture on the day of the in class assignment. Don’t let the file name confuse you.

Audio for 3/2/16

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Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.

Owley3-2-16

 

Or listen to the audio in the browser here:

Audio for 2/29/16 (short)

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Owley2-29-16

 

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Assignment #3

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ASSIGNMENT #3 (Owley’s Property Class Spring 2016)

 

For assignment #3 on Gifts, you will be completing the assignment outlined in the Medill book pages 13-20. The only difference is that instead of filing out the sheet in the workbook, you will be typing it up and submitting a document via UB Learns. This assignment is due Monday March 7, 2016 at 9am via UB Learns. The assignment asks you to do a “Client Counseling Outline.” This is not a document that you have learned how to draft in your legal research and writing class. Do the best you can with the guidance provided. Adopt a professional tone and think about it as forming the basis for something you might prepare for the client or share with a colleague. There is no need to do any research outside your course materials nor do I expect you to spend more than two hours on it.

 

You may also find it useful to keep this code of professional conduct in mind when working on the assignment:

 

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

“Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

Monday’s Assignment

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I know that the syllabus says that you should bring your Medill book to class on Monday but I have decided not to use the book. The best way to prepare for the assignment is to study what we have discussed on Found Property.

Class #6 Slides

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Prop 16 Class 6a