Monday, May 5, 2008

Teaching Order -- Reprise of Where Should Servitudes Go?

Back in January, I noted that I was going to change my coverage order this Spring.  Rather than doing Real Estate Transactions - Recording - Nuisance - Sevitudes - Zoning, I put servitudes first.  Doing servitudes did have some advantages -- students, for example, were familiar with servitudes of various sorts when they came up in transactional or recording cases.  The downside was that students didn't have as solid a grasp of recording and notice when we covered servitudes.  There is a bit of a chicken and egg issue here, but I think that having the recording material before servitudes is more helpful than having servitudes before recording.  So next year, I'm going back to the traditional order.

Ben Barros

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Hmm, I love teaching servitudes and so I like the idea of giving them more prominence (and perhaps more time).

Posted by: Al | May 5, 2008 11:53:20 AM

I agree on the importance, and will continue to give them a big block of time. The big issue with the order was coverage of notice, which is highly relevant in real covenants and equitable servitudes. Covering recording first gets the students familiar with both record and inquiry notice. I was surprised at how many times inquiry notice concepts can help explain what a court is doing in servitudes cases, even if they aren't speaking expressly in those terms.

Posted by: Ben Barros | May 5, 2008 12:07:10 PM

Yeah--then people learn notice in a different context (and perhaps a little earlier than otherwise). I don't see that as a problem. I may try this next time I teach property.

Posted by: Al | May 5, 2008 12:17:40 PM

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