Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Welcome to Real Estate Law Unit One : Preview Units 2 -5 Course Logistics Unit One Review Introduction Real and Personal Property

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Welcome to Seminar #1  Clap if you are ready to have a great semester!!!!!!!

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Call me Adam (please)  Like I mentioned in my Welcome message to everyone – my name is Adam Pincus – please call me Adam.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, I really like this instructor – Adam seems pretty cool!!  I have been teaching at Kaplan for over 9 years -- and really love teaching online!  That being said, I want everyone to know that communication is very, very, very, very important….so if you need extra time on an assignment -- then let me know! If you don’t really understand something and need it clarified -- then let me know!! I am here to help you guys – so please do not be shy about asking for help!

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Welcome to PA  My name is Adam Pincus  My contact information is: (call or text me) or I will get back to you very quickly – so DO NOT BE SHY about reaching out to me with questions. I am here to help! The syllabus is listed on the course website – so check it out when you get a minute.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, COURSE DESCRIPTION In this course, students will become familiar with procedures and documentation of real estate transactions. The course will address a wide range of issues and functions within the field of real estate law, including ethics, types of ownership, use, possession, mortgages, financing, taxation, closings, and litigation. Real Estate Law offers many opportunities for paralegals!

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Outcomes: Upon successfully completing this course, you should be able to:

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Outcomes: Upon successfully completing this course, you should be able to: Explain the basic types of real property ownership, possession, use and restrictions;

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Outcomes: Upon successfully completing this course, you should be able to: Explain the basic types of real property ownership, possession, use and restrictions; Analyze the elements of a real estate contract and remedies for breach;

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Outcomes: Upon successfully completing this course, you should be able to: Explain the basic types of real property ownership, possession, use and restrictions; Analyze the elements of a real estate contract and remedies for breach; Draft a real estate document;

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Outcomes: Upon successfully completing this course, you should be able to: Explain the basic types of real property ownership, possession, use and restrictions; Analyze the elements of a real estate contract and remedies for breach; Draft a real estate document; Identify methods used to finance real estate transactions;

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Outcomes: Upon successfully completing this course, you should be able to: Explain the basic types of real property ownership, possession, use and restrictions; Analyze the elements of a real estate contract and remedies for breach; Draft a real estate document; Identify methods used to finance real estate transactions; and Evaluate appropriate foreclosure processes.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Course Logistics Weekly seminar format Alternate seminar assignment Review the syllabus To contact the professor: Office Hours – Thursdays at 11 PM EST and Call or Text (610) &

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, WRITTEN ASSIGNMENTS - LATE POLICY To earn full credit for an assignment, students are required to submit the assignment by 11:59 p.m. ET on the due date. A maximum penalty of 5% per week will be assessed on all late work. No late work will be accepted more than 3 weeks after the original due date or after the conclusion of Unit 7 without an extenuating circumstance and prior instructor approval. Rubrics for Grading in DocSharing for Written Assignments: Subject matter is 40% and Mechanics, Format, Style and Language total 60%. All submissions are deemed to be final and no resubmissions will be permitted unless pre approved by me in advance.

Kaplan University Writing CenterSaturday, July 09, Welcome to the Kaplan University Writing Center Paper Review Q&A Center Reference Library Live Tutoring

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, QUIZZES Ungraded, but important. To do well on the mid-term and final examinations you must do the assigned readings and the quizzes! Ensure you have mastered the unit concepts, practice taking a quiz in this online format, pinpoint areas you need to review again, identification areas in which you need further clarification and can ask the instructor. Ensure you have mastered the unit concepts; Practice taking a quiz in this online format; Pinpoint areas that you need to review again; Identify places where you need further clarification from your instructor; and Prepare for your Midterm Exam in Unit 5 Ensure you have mastered the unit concepts; Practice taking a quiz in this online format; Pinpoint areas that you need to review again; Identify places where you need further clarification from your instructor; and Prepare for your Midterm Exam in Unit 5

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, DISCUSSION BOARD To earn full credit for an assignment you must post 4 to 5 substantive posts on at least 3 different days. I look for a substantive initial post and comments to classmates. There is no credit for “Good Post” comments to a classmate, Grading Rubric for the Discussion Board is in DocSharing: Breadth and Depth is 50%; Clarity, Organization, Grammar and Mechanics are 25%; and Timeliness and Frequency are 25%. Posts after the end of the Unit will receive partial credit, if they are substantive.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, THE SYLLABUS Seminars for Units 1, 2 3, 4, 6, 7, 8 and 9 (4 points) Discussion Board for Units 1, 2, 3, 4, 6, 7, 8 and 9 (16 points) Two questions each week except in Units 3, 4 and 9 Assignments – Units 1, 3, 4, 6 and 8 Midterm Examination – Unit 5 Ungraded Quizzes – Units 1, 2, 3, 4, 6, 7, and 8 Final Examination – Unit 9

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments Meet at the Seminar (Graded) Discuss on the Discussion Board (Graded) Take the Unit Quiz (Ungraded – but important) Written Assignment on Adverse Possession (Graded) UNIT 1 ASSIGNMENTS

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments DISCUSSION BOARD QUESTION 1 – The Engagement Ring Dilemma Personal property can loosely be defined as anything that is not real property. As you can see, a "gift" can be made of real property or personal property. One very interesting question arises when an engagement ring is given in anticipation of marriage, but then the marriage never happens. Because the ring is not real estate or anything permanently affixed to it, it is considered personal property. Questions regarding who is entitled to the ring -- the party who gave it or the party who received it -- are subject to analysis under the rules of personal property law.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments THE ENGAGEMENT RING DILEMMA You will read two articles about this dilemma, the requirements needed to establish a valid gift and about this issue generally. You will then answer the following questions: Should the recipient of an engagement ring return it, or is that person permitted to keep it? What does the law in your state require? Remember to reference the property law rules in your answer and analysis. Comment on at least two other student’s responses.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments DISCUSSION BOARD QUESTION 2 – What is considered UPL in your state? Answer the following three questions: Are you permitted to run closings on your own in your state? What types of functions may a real estate paralegal perform in your state? What types of functions does your state consider as unauthorized practice of law for real estate paralegals? Comments on at least two other student’s responses.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments DISCUSSION BOARD RESPONSES For all Discussion Questions post your thoughts and responses to the Discussion Board as to each question. Read and comment on posts from your colleagues. Do not hesitate to pose questions to your colleagues. Discuss constructively with your colleagues their posts and positions. Post as early in the week as possible to foster interaction

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments WRITTEN ASSIGNMENT ON ADVERSE POSSESSION Adverse possession, also known as "squatters rights," is a very interesting area of property law. It is an amazing concept that a person who has no rights in a parcel of real estate can obtain full title to that land simply by taking possession for a certain amount of time. Some people refer to it as "stealing property without going to jail!“ Each state's law regarding adverse possession outlines the requirements of proving adverse possession and the length of time a person must adversely possess another's property before title transfers.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments WRITTEN ASSIGNMENT APA Format for all written papers, including a cover page Submit all documents in one MS Word document You must locate your state law on Lexis and include it with the assignment. Lexis law school support: Find an adverse possession case and brief it

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Assignments CASE BRIEF The case brief should identify via use of headings and analyze the following areas of the applicable adverse possession case: a. Facts b. Procedural History c. Holding d. Rule of Law e. Plaintiff’s Argument (or Petitioner’s Argument, Appellant’s Argument, etc.) f. Defendant’s Argument (or Respondent’s Argument, Appellee’s Argument, etc.) g. Application/Analysis h. Conclusion i. Optional: additional sections such as Court’s Dissenting Opinion, etc. can be included as well.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, A LOOK AHEAD – UNITS 2 - 5

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 2 Assignments Meet at the Seminar (Graded) Discuss on the Discussion Board – Two Questions (Graded) Take the Unit Quiz (Ungraded – but important) UNIT 2 ASSIGNMENTS

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 3 Assignments Meet at the Seminar (Graded) Discuss on the Discussion Board – One Question (Graded) Take the Unit Quiz (Ungraded – but important) Written Assignment – Easements (Graded) UNIT 3 ASSIGNMENTS

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 4 Assignments Meet at the Seminar (Graded) Discuss on the Discussion Board – One Question (Graded) Take the Unit Quiz (Ungraded – but important) Written Assignment – Client Memorandum (Graded) UNIT 4 ASSIGNMENTS

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 5 – Mid Term Assignments Take the Mid Term Examination (Graded) UNIT 5 – MID TERM ASSIGNMENT There will be no Seminar or Discussion Board during the Mid Term week.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, UNIT 1: Real and Personal Property Ownership

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Real and Personal Property This unit focuses on the difference between real and personal property. Objectives Distinguish between real and personal property Understand the legal concept of property ownership Identify the modern estates of ownership for real property Understand and be able to explain the legal concept of adverse possession Identify various ways of becoming an owner of real property

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 The law distinguishes between real and personal property ownership. Generally, the term “real property” refers to land. Land includes not only the earth but everything of a permanent nature over or under it. This includes structures and minerals. This class deals primarily with Real Property.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Personal Property can be: tangible intangible

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit 1 Personal Property can be: tangible – can be touched – automobiles, television sets intangible – represents control – copyrights, stock certificates

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, What Law Governs Real Property? The law of the United States is comprised by two separate systems of law. Federal Law State Law Real estate ownership is controlled by the state in the which the property is located. State law prevails! Unit One

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One The owner of real property owns upward to the sky and All minerals under the land.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Key definitions Riparian rights Appropriation Fixture Possession

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Key definitions Riparian rights Rights of owners of lands adjoining streams, rivers and lakes relating to the water and its use. Appropriation The doctrine that the water belongs to the person who first makes beneficial use of it. Appropriation is generally the law in western states.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Fixture An item of personal property that becomes real property because of its attachment to the land or a building. Possession Occupation of land by visible acts such as enclosure, cultivation, the construction of improvements, or the occupancy of existing improvements.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Methods for Acquiring Land Inheritance and Devise Gift Contract and Sale Adverse Possession

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Methods for Acquiring Land Inheritance and Devise Inheritance – passes without a will devise – conveyance of real property by means of a last will and testament.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Methods for Acquiring Land Adverse possession (Squatter’s Rights) A method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by state law.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Modern Estates in Land Fee Simple Absolute Fee Simple Determinable Fee Simple of Condition Subsequent Life Estate Estate for Years Estate at Will

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Create Future Interests (“reverts’) Fee Simple Determinable Fee Simple of Condition Subsequent Life Estate Estate for Years Estate at Will

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question: The doctrine of riparian rights states that the right to use water is given to the landowner who uses the water first: True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question: The doctrine of riparian rights states that the right to use water is given to the landowner who uses the water first: True False That is appropriation!

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : Life Estates are transferable during the lifetime of the owner: True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : Life Estates are transferable during the lifetime of the owner: True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : An estate for years is the highest and best kind of estate an owner can own. True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : An estate for years is the highest and best kind of estate an owner in can own. True False That is an estate in fee simple absolute.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Review Question : Real property is controlled by the law of the state in which the property is located. True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : Real property is controlled by the law of the state in which the property is located. True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : A fixture is classified as personal property True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : A fixture is classified as personal property True False

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Review Question : Failure by an owner of a life estate to adequately maintain the property subject to the estate is know as: a)decent b)waste c)devise d)None of the above

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Unit One Question : Failure by an owner of a life estate to adequately maintain the property subject to the estate is know as: a)decent b)waste c)devise d)None of the above

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, I hope you have enjoyed our first seminar Next week we discuss Concurrent Ownership, Condominiums and Cooperatives

Kaplan University - Adjunct Professor Brian Tippens, J.D. - July 09, Adjourn Have a great week… “See” you on the Discussion Board Goodnight and Good Luck!