Property Law Lecture 3: Advanced Topics in Property Law

Law School

This lecture explores advanced topics in property law.

Mortgages are legal agreements where borrowers pledge real property as security for loans. They include a promissory note and mortgage instrument, and come in types like fixed-rate, adjustable-rate, and interest-only. Foreclosure occurs when a borrower defaults, and key considerations include lien priority, deficiency judgments, and redemption rights

Landlord-tenant law governs the relationship between property owners and renters, with tenancies like tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Landlord obligations include the implied warranty of habitability, covenant of quiet enjoyment, and prompt response to repairs, while tenant obligations include paying rent, maintaining the property, and avoiding illegal activities. Disputes often arise, and many jurisdictions provide additional protections for tenants.

Intellectual property (IP) refers to creations of the mind and includes patents, copyrights, trademarks, and trade secrets. IP rights can be transferred or licensed, and enforcement often involves litigation. Emerging issues include AI's role in creation, globalization, digital rights management, and biotechnology patents.

Environmental and natural resource law addresses the use and preservation of natural resources through regulatory frameworks like NEPA, the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Natural resource management governs resource extraction, and policy debates focus on climate change, land use, and sustainable development.

Property law evolves in response to societal changes, and key policy considerations include access to affordable housing, equity in property ownership, and technological innovations. Proposed reforms aim to expand tenant protections, encourage sustainable development, and strengthen anti-displacement policies.