Minnesota Law School 1L Study Guide for Property

Introduction to Property Rights

Concepts:

• Definition of Property: Property can be tangible or intangible and is recognized by the law as belonging to someone or some entity.
• Types of Property: Real property (land and buildings) and personal property (movable items).
• Possession and Ownership: The distinction between possessing an item and having legal ownership.
• Property Rights: Include the right to transfer, use, exclude others from, and destroy the property.

Case Law:

• Johnson v. M’Intosh (1823): Established federal authority over land transactions and recognized that private citizens could not purchase lands from Native Americans.

Estates in Land

Concepts:

• Freehold Estates: Include fee simple absolute, fee simple defeasible (determinable, subject to condition subsequent, and subject to an executory limitation), and life estate.
• Non-Freehold Estates: Include tenancies like tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance.
• Future Interests: Remainders (vested and contingent), executory interests, and rights of reversion and possibility of reverter.
• Rule Against Perpetuities: Prevents granting of an estate or interest more than 21 years after the death of a life in being at the creation of the interest.

Case Law:

• White v. Brown (1977): Addressed the issue of whether a life estate or fee simple estate was granted, based on the language of a will.

Landlord-Tenant Law

Concepts:

• Leasehold Estates: The types and characteristics of tenancy agreements between landlords and tenants.
• Tenant Rights and Duties: Include the right to habitable living conditions and the duty to pay rent.
• Landlord Rights and Duties: Include the right to receive rent and the duty to maintain the premises.
• Eviction: Legal process by which a landlord may remove a tenant from rental property.

Co-Ownership and Marital Interests

Concepts:

• Tenancy in Common: Co-owners hold an undivided interest in property, and each has the right to transfer their share.
• Joint Tenancy: Co-owners hold equal shares with the right of survivorship.
• Tenancy by the Entirety: A form of joint tenancy between spouses that includes survivorship rights.
• Community Property: Some states recognize this form of marital property ownership where most property acquired during the marriage is owned jointly by both spouses.

Real Property Transactions

Concepts:

• Marketable Title: Title free from significant defects.
• Contract for Sale of Land: Governed by the Statute of Frauds, must be in writing and signed by the parties.
• Deeds: The instrument of transfer for real property, which can be a warranty deed, special warranty deed, or quitclaim deed.
• Recording Statutes: Determine the priority of interests and include race, notice, and race-notice statutes. Minnesota follows a notice statute.
• Title Assurance: Includes title insurance and abstracts of title.

Easements, Covenants, and Servitudes

Concepts:

• Easements: Rights to use the land of another for a particular purpose.
• Covenants: Written agreements or promises to do or not to do a particular act with respect to real property.
• Servitudes: Broad term that includes easements, covenants, and equitable servitudes.

Case Law:

• Holbrook v. Taylor (1976): Demonstrated the establishment of an easement by estoppel when one party materially changes position in reliance on the other party’s assurances.

Zoning and Land Use Regulation

Concepts:

• Zoning: The division of land into zones where certain land uses are permitted or prohibited.
• Variances: Exceptions to the zoning ordinances.
• Special Use Permits: Allow a property to be used in a way that is not generally permitted under the zoning laws.

Takings and Eminent Domain

Concepts:

• Eminent Domain: Power of the government to take private property for public use with just compensation.
• Regulatory Takings: Government regulation of private property that goes so far as to effectively take the property.

Case Law:

• Kelo v. City of New London (2005): Expanded the interpretation of “public use” within the meaning of the Takings Clause of the Fifth Amendment.

Closing Remarks

This study guide provides an outline of the key concepts in property law, specifically tailored for Minnesota law students. Understanding the fundamental principles and landmark cases will form a solid foundation for a 1L property law exam. It is essential to delve deeper into each topic, scrutinize the cases, and understand the application of Minnesota statutes and common law to fully prepare for the examination.