Property II, B - Cohen


Course Title

Property II, B



First Assignment






Professor Cohen 





Required Texts:                                 Dukeminier, Krier, et. al, Property  (7th ed.), ISBN 13-9781454815266 (loose leaf edition) (hereinafter referred to as “Casebook.”).  This is the same book as was used in Property I-B.  (You may also purchase a hard cover edition – the internal contents of the loose leaf and hard cover editions are identical.  The ISBN of the hard cover edition is 978-0-7355-8899-8.)     



Optional Supplemental Texts:          John G. Sprankling, Understanding Property (2d ed. 2007) (Highly recommended!) (The first edition is also sufficient.) 



Suggested Reference:                        Joseph William Singer, Introduction to Property (2001)          



Tuesday, January 8 

The Law of Servitudes: Easements 

The Express Easement 

Casebook,  pp.  763 – 774 (stopping before Holbrook v. Taylor).  Omit note 3 on page 772. 

Register for the course TWEN page for PROPERTY II-B.  You must do this even if you were registered on the course TWEN page for Property I-B during the fall 2012 semester. 


If you have your Westlaw number, sign-on, look for TWEN and registration for the class is easy from there (It is listed as “Property II-B” under the name “Cohen”).  In registering, please use an e-mail account that you check daily.   


 Thursday, January 10 

The Law of Servitudes: Easements 

The Easement by Estoppel (Irrevocable License) 


Handout case:  McCumbers v. Puckett (on TWEN page and in handout bin).
Remember that in order to read the entire case on TWEN, you must select “Download” rather than “Open.”  Be sure you have read the entire case!


Casebook:  pp. 777 (starting with Shepard) – 779 (stopping before Van Sandt

Modify the first two sentences in note 2 on page 778 to read as follows:  “Suppose the McCumbers’s garage burns down.  Can they build a new garage using their right of way across the Pucketts’ land? ” Then, continue with the note as it appears in the book. 



Tuesday, January 15 

Easements:  The Easement by Prescription and the Easement by Necessity 

Handout case:  Canali v. Satre (on TWEN page and in handout bin). 


Thursday, January 17 

Easements:  The Easement Implied from Prior Existing Use 

Casebook:  pp. 779 (starting with Van Sandt) – 786 (stopping before Othen