Property

by Cribbet, John E.; Johnson, Corwin W.; Findley, Roger W.; Smith, Ernest E.

• ISBN13: 9781587781674
• ISBN10: 1587781670
• Edition: 8th
• Format: Hardcover
• Copyright: 2002-04-01
• Publisher: Foundation Pr

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