This curricular pathway provides a progression of courses relevant to real property and real estate law that are offered at South Texas College of Law Houston.
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Real Property & Real Estate Pathway
Core courses | |
Recommended courses | |
Bar | Relevant bar examination topic |
Stage 1
Property I
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Overview of property law, including acquisition of rights in personal property, fixtures, estates in land and future interests, and landlord and tenant law.
Property II
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Prerequisites: Property I.
Modes of transferring real estate, including contracts to transfer, problems affecting transfer, methods of title assurance, adverse possession, third-party interests in land, including easements, covenants and natural rights, and a brief introduction to deeds of trust and mortgages.
Land Use Management & Control
View detailsThree semester hours credit. Offered periodically.
A survey of controls on land use with emphasis on governmental controls, including zoning, subdivision controls, building codes, aesthetic and design controls and landmark preservation and, to the extent time permits, to environment controls and taxation as a control on land use.
Contracts I
BarView detailsRelevant bar examination topic.
Three semester hours credit.
A study of the basic principles of contract formation and enforceability, including offer and acceptance, mutual assent, consideration, promissory estoppel, and the statute of frauds. The course also considers invalidating causes, such as incapacity, misrepresentation and fraud, duress, mistake, unconscionability, and illegality, and provides an introduction to remedies for breach of contract. The common law of contracts and the relevant provisions of the Uniform Commercial Code, including warranties and their disclaimer, are considered.
Contracts II
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Prerequisites: Contracts I.
A continuation of the study of contracts, including remedies for breach of contract, interpretation of contract language, the parol evidence rule, performance and breach of contract, express and constructive conditions, excuse and discharge, impracticability and frustration of purpose, third party beneficiary contracts, and assignment and delegation. The common law of contracts and the relevant provisions of the Uniform Commercial Code are considered.
Constitutional Law
BarView detailsRelevant bar examination topic.
Four semester hours credit.
Historical development of the federal constitution; the judicial function in constitutional cases; express and implied federal legislative power, including the Commerce Clause; express and implied federal executive power; doctrine of separation of powers; doctrine of delegation of powers; doctrines of federalism, including powers reserved to the states, federal preemption, and the dormant commerce clause; incorporation of the Bill of Rights into the 14th Amendment; the state action doctrine; substantive and procedural due process; the Equal Protection Clause; and procedures regarding constitutional amendment. (Material on the First Amendment’s freedom of speech and the press, free exercise of religion, the Establishment Clause, and right of assembly and freedom of association are covered in an upper-level First Amendment Law elective course.)
Stage 2
Consider earlier courses plus one or more from below
Texas Oil, Gas, & Land Title Examination
View detailsTwo semester hours credit. Normally offered twice each academic year.
Prerequisites: Oil, Gas, & Mineral Law.
The purpose of this course is to build upon the concepts learned in the introductory Oil, Gas, and Mineral Law course. This course will further acquaint students with advanced aspects of Texas oil, gas, and mineral law, and study the standard issues a Texas title examiner will frequently address when evaluating title for a client, along with typical comments and requirements found in a title opinion. Finally, students will partake in a practicum, evaluating a runsheet and accompanying documents, and will then draft an original title opinion for a fictitious oil and gas client.
Transaction Skills–Real Estate
View detailsThree semester hours credit. See Handbook for additional information, including prerequisites.
Students will learn about helping three individuals who want to invest together in commercial real estate. Determining who is the client and drafting an engagement letter will be followed by study of choice-of-entity issues. A limited partnership agreement will be reviewed, and students will draft an earnest money contract for purchase of the real estate. Additionally, students will draft a promissory note, a deed of trust, a guaranty, a security agreement, an attorney’s opinion letter, and various other documents. Environmental issues and real estate title commitments and surveys will be examined. Professional responsibility issues will be included.
Professional Skills in Property
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
Prerequisites: Property I is required; Property II is recommended.
This course will provide ground-level experience in property law representation for future lawyers who will engage in real estate, land use, family law, estate planning, or related fields. The course is focused on drafting practical property documents and associated matters, from client counseling and preliminary advice, to performing real estate transactions, drafting deeds, and litigating claims about property rights and ownership. Classroom work will focus intensively on reviewing the property doctrine from a practitioner’s perspective, and collaborative work on the writing process. Students must participate in all class sessions and will complete two writing assignments per day, plus one prior to and one following the course.
Secured Transactions
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
The course deals with the law governing credit transactions secured by personal property collateral. It focuses on Article 9 of the Uniform Commercial Code, with particular emphasis on creating a security interest, protecting it against competing claims, and resolving priority disputes. The course devotes some attention to the creditor’s rights and remedies upon the debtor’s default, and it examines the effect of various provisions of the Bankruptcy Code on those rights and remedies when the debtor files for bankruptcy protection. The course also may examine the effect on secured transactions of Articles 2, 2A, and 8 of the Uniform Commercial Code; the Consumer Credit Protection Act; the Food Security Act; the law of fraudulent transfers; and the Federal Tax Lien Act.
Corporations
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
A study of the legal doctrines governing the formation, operation, and termination of corporations, including the rights, duties, and obligations of shareholders, directors, and officers.
Agency & Partnership
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
A study of the legal doctrines governing the formation, operation, and termination of agency relationships, partnerships, limited liability partnerships, limited partnerships, and limited liability companies, including the rights, duties, and obligations of owners and managers.
Contract Building Blocks
View detailsTwo semester hours credit. Normally offered three times each academic year. Enrollment limited to 24 students.
This course provides students an opportunity to develop, practice drafting, comment on, and redline the substantive portions of an agreement. The primary goal of the class is to teach students how to translate the terms of a business deal into contract concepts, and draft the contract to close the transaction. Specifically, students will learn how and when to use the basic contract building blocks: covenants, conditions, representations, warranties, rights, discretionary authority, and declarations. The basic parts of a contract will be analyzed in detail and students will learn how to (1) avoid legalese, (2) obtain clarity through document formatting and sentence structure, (3) prevent ambiguity, (4) understand the appropriate use of vague terms, and (5) use various other drafting considerations. Learning how the transactional attorney adds value to the deal by helping the client attain the client’s business goals while avoiding unacceptable risks will be covered as well as several typical ethics issues that arise in transactional work.
Contract Negotiations & Drafting
View detailsTwo semester hours credit. Normally offered twice each academic year. Enrollment limited to 24 students.
This course is designed to provide students with the skills necessary to: (1) identify issues that should be negotiated in complex business contracts; (2) draft several key provisions to be included in the final contract as negotiated; and (3) negotiate a “real” business contract. A variety of assignments help to assure each student completes a variety of tasks that need to be integrated based on an appropriate level of legal issue analysis resulting in an effective and usable work product. Skill development also includes an appreciation of business and legal risks that need to be dealt with when negotiating and drafting.
Administrative Law
View detailsThree semester hours credit. Normally offered three times each academic year.
Organization and procedure of federal and state administrative agencies; boards and bureaus; distinction between legislative, executive and judicial powers; delegation of powers; requirements of due process; constitutional limitations; and judicial control over administrative agencies are among the topics covered.
State & Local Government
View detailsThree semester hours credit. Offered periodically.
Survey of the basic relationship between federal, state, and local government; state constitutional authority for local government; land use, zoning and planning; municipal budgeting and finance; rights and duties of public officials and office holders and government tort immunity and liability.
Environmental Law
View detailsThree semester hours credit. Normally offered twice each academic year.
An introduction to the statutory and common law impacting pollution control and environmental protection. Emphasis is on federal legislation, such as the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act.
Natural Resource Management Law
View detailsThree semester hours credit. Normally offered once each academic year.
This course examines the ways in which federal natural resources are managed and preserved. Topics covered include the acquisition and disposition of public lands, management of mining interests, timber production, grazing and recreational use of federal lands, preservation of wilderness, wild rivers, and archaeological and historical artifacts, and management and conservation of wildlife and game, wild horses, and endangered species. Up to thirty percent of the grade in this course may be based on projects done during the semester.
Oil, Gas & Mineral Law
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Nature of ownership of oil, gas and other minerals; oil, gas and mineral leases; express and implied covenants; title and conveyance problems arising from transfers by fee owners and lessors; transfers subsequent to lease; pooling and unitization; and governmental regulation.
Wills, Trusts & Estates
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
A study of the execution and revocation of wills, intestate succession, will contests and will substitutes; creation and administration of private express, charitable, resulting, implied and constructive trusts; duties, powers and responsibilities of trustees; and the basics of estate administration.
Marital Property & Homestead
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Texas community property system, property rights of husband and wife, rights of other parties, and homestead.
Stage 3
Consider earlier courses plus one or more from below
Government Process Clinic/Academic Internship
View detailsThree or four semester hours credit.
Prerequisites: Successful completion of all courses required for graduation (with the exception of the substantial writing requirement) and not less than 45 credit hours and a 2.8 grade point average. Completion of or concurrent enrollment in Texas Pretrial Procedure is recommended.
Students arrange their own placements with local governmental agencies. Potential placements include the Texas Attorney General’s Office, the legal department of the City of South Texas College of Law, the Harris County Attorney’s Office, the EEOC, the IRS, the Office of Homeland Security, and many others. These placements provide access to the South Texas College of Law legal community and give law students the opportunity to expand their professional skills and identify challenging and fulfilling work possibilities.
Public Interest Clinic/Academic Internship
View detailsThree or four semester hours credit.
Prerequisites: Successful completion of all courses required for graduation (with the exception of the substantial writing requirement) and not less than 45 credit hours and a 2.8 grade point average. Completion of or concurrent enrollment in Texas Pretrial Procedure is suggested.
Students arrange their own placements with local nonprofit agencies or with charitable organizations. Potential placements include the Lone Star Legal Aid Society, the Texas Defender Project, Catholic Charities, Texas Accountants and Lawyers for the Arts, South Texas College of Law Volunteer Lawyers Program (HVLP), Children at Risk, the Cathedral Justice Project, and many others. These placements provide broad access to the South Texas College of Law legal community and give law students the opportunity to expand their professional skills and identify challenging and fulfilling work possibilities. Students with a particular interest in family law should contact Assistant Dean Elizabeth Dennis to inquire about the Family Law Internship Program (FLIP) where students work in private law offices on HVLP referral cases.
Students who have completed 60 credit hours, or have completed 45 credit hours and are concurrently enrolled in an academic internship, are encouraged to acquire a temporary bar card and thereby increase opportunities to apply their knowledge in practice under the tutelage and supervision of a licensed attorney.
Urban & Poverty Law Seminar
View detailsTwo semester hours credit. Offered periodically.
Prerequisites: 45 semester hours plus completion or concurrent enrollment in all required courses (with the exception of the substantial writing credit).
This seminar concentrates on a broad range of problems affecting life within our society, with the emphasis on perceptive understanding and awareness. Its purpose is to set the foundation for active participation by members of the bar in the solution of these problems through the legal process.
Legislation
View detailsTwo semester hours credit. Offered periodically.
Examination of the organization and operation of legislative bodies, including the role of the executive, public agencies, and private groups in the legislative process; drafting of statutes; enactment, amendment and repeal of statutes; limitations on legislative power and statutory interpretation and the use of legislative history.
International Environmental Law
View detailsTwo semester hours credit. Offered periodically.
This course examines the law (international treaties) and policies of international environmental problems. Topics include global warming and climate change, transboundary movement of hazardous waste, biodiversity and wildlife conservation, deforestation, ocean dumping and marine pollution, protection of fisheries, and human rights and the environment.
Domestic Energy Law
View detailsThree semester credit hours. Offered periodically.
This is a survey course intended to serve as an introduction to the relevant issues in energy law. The course covers most aspects of energy not covered in others courses, including coal; water; nuclear power; the generation, transportation, and distribution of electricity; and the extraction and transportation of natural gas.
Water Law
View detailsTwo semester hours credit. Normally offered once each academic year.
A general survey of private and public rights in water, their character, extent, regulation and enjoyment. Course coverage includes surface water, groundwater, interstate and international usage disputes, navigability and recreational use.
Construction Law
View detailsThree semester hours credit. Offered periodically.
An introduction to construction law with special emphasis on the legal and ethical environment of construction projects. Subject topics include special clauses in construction contracts, financing and contractor’s liens and bond claims, design and build liability, and government regulations.
Business Bankruptcy
View detailsCrossover bar examination topic.
Three semester hours credit. Normally offered once each academic year.
Prerequisites: None but prior or concurrent enrollment in Secured Transactions and Corporations is helpful.
This course is designed not only for those interested in bankruptcy practice, but also for those who anticipate that their practice will involve structuring commercial transactions or litigating business disputes. It examines both legal and financial aspects of business bankruptcy, focusing especially on the process of Chapter 11 business reorganizations. It will consider issues like the causes and prediction of business failures; the decision to seek protection under the bankruptcy laws or to use alternative methods for resolving financial problems; the permissible purposes for which Chapter 11 reorganizations may be used; the operation of the business during the reorganization proceeding; the negotiation and confirmation of a plan of reorganization; the rights of creditors and shareholders in the reorganization; the powers of the debtor-in-possession; valuation of the business; and related tax and financial issues. Students may take both this course and the Consumer Bankruptcy and Debt Collection course; there is very little overlap.
Consumer Transactions
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Survey of statutory consumer protection and remedies afforded by both state and federal laws, including the Texas Deceptive Trade Practices Act, the Texas Insurance Code, and federal and Texas regulation of debt collection practices. Residential home construction also is covered.