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Property (D2) FALL 2019 Property (D2) FALL 2019 SUPPLEMENTARY MATERIALS – PARTS I-III TABLE OF CONTENTS PROFESSOR STEPHEN J. SCHNABLY Office: G472 http://osaka.law.miami.edu/~schnably/courses.html Tel.: 305-284-4817 E-mail: [email protected] Evelyn Nieves, Our Towns: The Hard Life and Death of a Migrant, N.Y. TIMES, Aug. 20, 1993, at B5 .....................................................................................................................1 State v. Shack, 277 A. 2d 369 (N.J. 1971) .......................................................................................2 Jerry L. Anderson, Comparative Perspectives on Property Rights: The Right to Exclude, 56 J. LEG. ED. 539 (2006) ....................................................................................................3 The Privacy and Property Provisions of the European Convention on Human Rights ...................6 Fla. Stat. §§ 381.008-381.00897 TITLE XXIX PUBLIC HEALTH CHAPTER 381 PUBLIC HEALTH; GENERAL PROVISIONS .................................................................8 Tapscott v. Lessee of Cobbs, 52 Va. (11 Gratt.) 172 (1854) ..........................................................16 Hypotheticals on the Relativity of Title .........................................................................................21 Vacation Leads to Home Makeover by Squatter, AP, Oct. 22, 2004 .............................................22 Patrick McGeehan, Pfizer to Leave City That Won Land-Use Case, N.Y. Times, Nov. 13, 2009....................................................................................................................................23 Steven Slosberg, Fort Trumbull Eminent Domain Plaintiff Hopes Recipients of Cards Will ‘Rot in Hell,’ THE DAY (Connecticut), Dec. 20, 2006 ............................................27 Nadege Green, FDOT will bulldoze lifelong Overtown resident’s home for highway, Miami Herald, May 2, 2014 ...............................................................................................29 Jess Bidgood, Memorializing 100 Who Perished in Nightclub Blaze, N.Y. Times, Sept. 30, 2012..............................................................................................................................32 Fla. Stat. §§ 95.12-95.231 ..............................................................................................................34 Return of Real Property in Attempt to Establish Adverse Possession without Color of Title ....................................................................................................................................39 Note on the Florida Adverse Possession Statute............................................................................40 Seton v. Swann, 650 So. 2d 35 (1995) ...........................................................................................46 Missouri couple’s $680,000 Florida beach house is built on the wrong lot, FoxNews.com, October 15, 2014 ......................................................................................49 Family Denies Squatting In Coral Gables Home, CBS Miami, Feb. 6, 2013 ...............................50 Perry Stein, This Md. Family Says Their ‘Dream Home’ Is Infested with Snakes, Washington Post, June 3, 2015 ..........................................................................................52 Ron Lieber, New Worry for Home Buyers: A Party House Next Door, NY Times, Oct. 9, 2015....................................................................................................................................54 Susanna Kim, Florida Couple Accused of Allegedly Lying about Sinkhole to Homebuyer, ABCNews.com, July 17, 2015 ...........................................................................................58 Property/Supplement Fall 2019 Table of Contents Professor Schnably Patty Ryan, Judge sentences couple in Spring Hill sinkhole case to probation, house arrest, Tampa Bay Times, Jan. 28, 2016 ...........................................................................59 Stephanie Rosenbloom, Some Buyers Regret Not Asking: Anyone Die Here?, NY Times, April 30, 2006 ....................................................................................................................60 Christine Hauser and Karen Zraick, New Jersey Family Terrorized by ‘The Watcher’ Sells Home at a Loss, THE NEW YORK TIMES, Aug. 9, 2019 ...........................................64 Reeves Wiedeman, The Watcher, NEW YORK MAGAZINE, Nov. 19, 2018 ....................................66 Complaint, Broaddus v. Woods, No. UNN-L-1933-15 (6/2/2014) ...............................................79 Order Denying Motion to Seal, Broaddus v. Woods, No. UNN-L-1933-15 (6/17/15)................111 Answer and Counterclaim, Broaddus v. Woods, No. UNN-L-1933-15 (1/7/2016) ....................112 Fla. Stat. Ann. § 689.25. Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property ..................................................141 Colorado Revised Statutes § 38-35.5-101. Circumstances psychologically impacting real property--no duty for broker or salesperson to disclose ..................................................141 Massachusetts General Laws, Ch. 93, § 114: Real estate transactions; disclosure; psychologically impacted property ..................................................................................141 Indiana Code Ann. Title 32, Art. 21, Chapter 6. Psychologically Affected Properties ...............142 Idaho Code Annotated Chapter 28. Psychologically Impacted Real Property ............................143 McDonald v. Mianecki, 79 N.J. 275; 398 A.2d 1283 (1979) .......................................................144 Fl. Stat. 553.835 Implied warranties ...........................................................................................150 Question No. 3 (Florida Bar Exam, July 1990) ...........................................................................151 Bad Deeds ....................................................................................................................................152 Bean v. Walker, 95 A.D.2d 70 (1983) .........................................................................................153 Michael Powell & Gretchen Morgenson, MERS? It May Have Swallowed Your Loan, N.Y. TIMES, March 5, 2011 ..............................................................................................156 Tanya March, Foreclosures and the Failure of the American Land Title Recording System, 111 COLUM L. REV. SIDEBAR 19 (2011) ............................................................160 Gretchen Morgenson, Mortgage Registry Muddles Foreclosures, N.Y. TIMES, Sept. 1, 2012..................................................................................................................................163 Problems on Recording Statutes ..................................................................................................165 N.C. Gen. Stat. § 47-18(a). Conveyances, contracts to convey, options and leases of land (2007) ...............................................................................................................................169 25 Del. C. §§ 151-153 (2007) ......................................................................................................169 Mass. Ann. Laws ch. 183 § 4 (2007) ...........................................................................................170 Chapter 83. Landlord and Tenant ................................................................................................171 Questions on the Florida Residential Landlord-Tenant Statute ...................................................196 Grants ..........................................................................................................................................217 Fla. Stat. ch. 689. Conveyances of Land and Declarations of Trust ...........................................218 Mahrenholz v. County Board of School Trustees (CB 286) ........................................................242 White v. Metropolitan Dade County (3d DCA No. 88-2450, May 22, 1990) .............................243 Douglas Hanks, Court loss for Miami Open tennis tourney puts exit threats to the test, Miami Herald, Dec. 29, 2015 ..........................................................................................248 Jerry Ianielli, Bruce Matheson Single-Handedly Kills the Miami Open, Miami New Times, March 15, 2016 ....................................................................................................251 Equitable Title and Legal Title ....................................................................................................259 Perpetuities Problems...................................................................................................................261 ii Property/Supplement Fall 2019 Table of Contents Professor Schnably The Rule Against Perpetuities .....................................................................................................262 The New York Times, June 1, 1990, at B5, col. 1 (AP) ..............................................................266 Martin Merzer, Three-Ring Circus, MIAMI HERALD, June 6, 1991, at 6B ..................................267 Frenchman Cremates Frozen Parents, BBC News, March 16, 2006 .........................................268 Michael Asimow, Estate Planning and Body Heat, Picturing Justice (Jan. 1998) ......................269 Easements,
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