9781587781674

Property

by ; ; ;
  • ISBN13:

    9781587781674

  • ISBN10:

    1587781670

  • Edition: 8th
  • Format: Hardcover
  • Copyright: 2002-04-01
  • Publisher: Foundation Pr

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Summary

A big-picture look at the history and principles influencing the Anglo-American institution of the law of land, this casebook provides the core materials for a property course, updated with new cases and materials to reflect the ever-changing law. The format of Property allows for a variety of teaching methods and applies easily to courses ranging from three to six hours. The eighth edition expands its treatment of regulatory takings and environmental justice, and its coverage of Russian property law enriches the discussion of property as an institution. This edition retains estates material, emphasizing historical development, with additional cases and notes to show the extent to which the past governs the present. Property also includes new cases on the law of condominiums and landlord/tenant law, as well as updated coverage of easements, profits, covenants, land use regulation, and land transfer and finance.

Table of Contents

Preface to the Eighth Edition v
Acknowledgments vii
Table of Cases
xxxi
PART ONE. Property As An Institution-An Overview Of Property Law 1(82)
What is Property?
2(21)
Attributes of Property
23(15)
Traditional Objects and Classifications of Property
38(12)
Non-Traditional Objects and Classifications of Property
50(13)
Role of Property in Society
63(16)
The Practice of Property Law-What Do Lawyers Do?
79(4)
PART TWO. The Acquisition Of Property (Herein Primarily Of Personal Property) 83(100)
Finding
85(29)
Creation of Bailments
114(8)
Bona Fide Purchase
122(10)
Unauthorized Possession
132(19)
Possession Deemed Ownership as to Third Persons
132(4)
Acquisition of Limitation Title by Adverse Possession
136(15)
Improving Another's Property by Mistake (Accession)
151(9)
Donative Transfers
160(23)
PART THREE. Private Interests In Land 183(508)
A Brief Look at the Historical Development of Estates Doctrine
185(12)
Freehold Estates
197(56)
The Fee Simple Absolute
200(12)
The Life Estate
212(13)
Defeasible Estates
225(22)
The Fee Simple Conditional and the Fee Tail
247(6)
Future Interests
253(58)
Vested and Contingent Remainders
253(9)
The Rule in Shelley's Case
262(6)
The Doctrine of Worthier Title
268(6)
Executory Interests (Herein of the Statute of Uses and its Modern Significance)
274(24)
The Rule Against Perpetuities Revisited
298(13)
Concurrent Ownership
311(74)
Introduction to Concurrent Ownership
311(8)
Marital Estates
319(6)
General Aspects of Concurrent Ownership
325(12)
Creation and Attributes of Concurrent Estates
337(32)
Condominiums and Time-Share Arrangements
369(16)
Non-Freehold Estates: Landlord and Tenant
385(106)
Creation of Leasehold Estates
385(1)
Access to the Rental Market
385(19)
Tenant's Right to Possession
404(5)
Provisions Governing the Tenancy
409(42)
Injuries to Persons and Property
451(7)
Lessor's Remedies Against Defaulting Tenant
458(20)
Transfers
478(13)
Interests in Land of Another and in Natural Resources Affecting Another's Land
491(200)
Interests Created by Volition, Implication and Prescription
492(116)
Non-Volitional (``Natural'') Interests
608(83)
PART FOUR. Public Interests In Land (Herein Primarily Of Land Use) 691(156)
Introduction to the Traditional Land Use Controls
693(28)
Zoning
693(13)
Regulation of the Subdivision of Land
706(5)
Reservation of Land for Public Acquisition (Official Maps)
711(3)
Public Ownership
714(7)
Administration of Land Use Controls
721(24)
Nonconforming Uses, Vested Rights and Estoppel
721(10)
Adaptation to Development Proposals
731(8)
Zoning by Electorate
739(6)
Regulatory Takings
745(71)
Origin
745(4)
The Compensation Remedy
749(5)
Criteria:
754(30)
Exactions
784(19)
Continuing Evolution of Doctrine
803(11)
Legislative Intervention
814(2)
Discrimination Against Groups of People
816(31)
Racial Discrimination
816(7)
Exclusion from Certain Residential Neighborhoods
823(13)
Exclusion from the Municipality
836(11)
PART FIVE. Land Transfer And Finance 847(406)
The Real Estate Contract
849(160)
The Statute of Frauds
850(37)
The Standard Written Contract
887(4)
Construction and Performance
891(69)
Status of Vendor and Purchaser-Equitable Conversion
960(31)
The Role of the Real Estate Broker
991(18)
The Deed
1009(60)
Conveyancing at Common Law and Under the Statute of Uses
1009(7)
The Modern Deed-Types and Elements
1016(13)
Execution of the Deed
1029(13)
Subject Matter Conveyed
1042(27)
The Recording System
1069(59)
General Operation of the System
1078(20)
Persons Protected by the System
1098(21)
The Chain of Title
1119(9)
The Methods of Title Assurance
1128(125)
Implied Covenants of Habitability and Some Related Doctrines
1129(16)
Covenants for Title and After-Acquired Title (Estoppel by Deed)
1145(23)
Examination of the Records or of an Abstract of Title
1168(16)
Title Registration (Torrens System)-An Alternative to the Recording System?
1184(8)
Title Insurance
1192(21)
Statutes of Limitation and Related Legislation as Aids to Title Assurance
1213(40)
PART SIX. A Concluding Note 1253(2)
Index 1255

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