Property

ISBN-10: 0735539790
ISBN-13: 9780735539792
Edition: 2nd 2004 (Student Manual, Study Guide, etc.)
List price: $38.95
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Book details

List price: $38.95
Edition: 2nd
Copyright year: 2004
Publisher: Wolters Kluwer Law & Business
Publication date: 4/21/2004
Binding: Paperback
Pages: 608
Size: 7.00" wide x 9.75" long x 1.25" tall
Weight: 1.980
Language: English

Preface
Acknowledgments
Possession, Personal Property, and Adverse Possession
The Law of Property
Introduction
Common Law Cases
Case Analysis
Personal Property and Possession
Introduction and Definitions
Possession, Relativity of Title, and First-in-Time
Actual Possession and the Fox Case
Custom
More Uses for the Doctrine of Custom
Natural Resources and Other Concerns
Water Law
Actionable Interference
Misappropriation
The Law of Finders and Prior Possessors
Conversion, Replevin, and Trover
Armory v. Delamirie
Extensions of the Armory Rule--and a Right of Subrogation
Lost Property, Mislaid Property, Abandoned Property, and Treasure Trove
Other Considerations
Instrumental View
Legislation
Bailments
Definition
Overview of Negligence and Strict Liability
Specialized Bailment Issues
Misdelivery of Bailed Property
When Bailed Property Is Lost or Damaged
Good Faith or Bona Fide Purchasers
Voidable Title and Bona Fide Purchasers
The UCC and Bona Fide Purchasers
Entrustment
Gifts
Inter Vivos Gifts
Gifts Causa Mortis
Fixtures
Adverse Possession
Introduction
Elements of Adverse Possession
Privity and Tacking
Disabilities and Tolling the Running of the Statute of Limitations
Life Tenants and Remaindermen
Common Law Estates and Interests in Real Property
Common Law Estates and Present Interests
Some History
Estates: Some Fundamentals
Estates and Interests
What to Look for in Studying Freehold Estates
Defeasible Fee Simple Estates
Classifying Estates in Fee Simple
Future Interests
Introduction
Distinguishing Present Interests and Future Interests
Future Interests Retained by the Grantor or Transferor
Future Interests in Third-Party Transferees
Vested and Contingent Remainders
Practice Interpreting Grants with Conditions
Precedent and Conditions Subsequent
Alternative Contingent Remainders
Why We Distinguish Vested and Contingent Remainders
Executory Interests
Variations on Vested Remainders
Special Rules of Construction
The Rule of Destructibility of Contingent Remainders
The Merger Rule
The Rule in Shelley's Case
The Doctrine of Worthier Title
The Rule Against Perpetuities
The Rule Against Perpetuities
Interests Not Affected
Interests Affected
Interests Dependent on an Event
Grantee Identified by Description Rather Than Named
Intergenerational Family Transfers
Effect of Class Closing Rules
Commercial Options
Statutory Reforms of the Rule
Concurrent Ownership
Tenancy in Common
Joint Tenancy with Right of Survivorship
Distinguishing Joint Tenancies from Tenancies in Common
Severance
Tenancy by the Entirety
Rights and Obligations Between Co-tenants
Partition
Marital Property
Common Law Dower
Dower Reform
The Elements of Dower
Dower and Adverse Possession
Dower and Waste
Release of Dower
Barring Dower
Forcing an Election
Curtesy
The Modern Elective Share
Calculating the Amount of the Elective Share
Homesteads
Community Property
The Law of Landlord and Tenant
The Landlord and Tenant Relationship
Types of Leases
The Landlord's Duty to Deliver Possession
The Holdover Tenant (Briefly Now--More Later)
Transfers of the Lease
Privity of Contract and Privity of Estate
Assignments and Subleases
The Traditional Rule
Rule of Intent
The Effect of Tenant Transfers on Privity
Real Covenants
Landlord's Consent to a Sublease or Assignment
Landlord Consent Provisions
The Rule of Dumpor's Case
Transfers of the Landlord's Interest
Waste, Duty to Repair, Destruction of Leased Premises, and Security Deposits
Waste
The Measure of Damages for Waste
Fixtures
The Duty to Repair
The Destruction of the Premises
Security Deposits
Termination and Abandoment of the Lease
Landlord Eviction of Tenant in Default
Self-help
Ejectment
Summary Possession Statutes
Tenant's Abandonment and Surrender
Surrender
Abandonment
Achieving Habitable Premises
Evictions--Actual and Otherwise
The Implied Warranty of Habitability
Retaliatory Eviction as a Tenant's Defense to Eviction
Illegal and Frustrated Leases
Premises Liability of Landlords
Landlord Liability for Criminal Acts
Exculpatory Clauses
The Holdover Tenant and Concluding Comments
Transfers of Land
The Sales Contract
Introduction
Closing
Remedies for Breach
Real Estate Brokers and Agents
Broker as Seller's Agent
Broker's Duty to Disclose Latent Defects to Purchasers
The Statute of Frauds
Part Performance and Other Exceptions
Executory Period Issues
Introduction
Marketable Title
Caveat Emptor and the Duty to Disclose Defects
Time for Performance
Remedies for Breach of Sales Contract
Equitable Conversion and Risk of Loss
Real Estate Closings
The Closing or Settlement Process
Delivery
Mortgages
Post-Closing Title Assurances
Merger Doctrine
Types of Deeds
Deed Covenants
Present Covenants
Future Covenants
Damages
Attorney Fees
Remote Grantees
Implied Warranty of Quality
After Acquired Title (Estoppel by Deed)
The Recording Systems
Introduction
Searching a Chain of Title Using the Grantee Index
Searching a Chain of Title Using the Grantor Index
Searching a Tract Index
The Recording Acts
Race or Pure Race Statute
Race-Notice Statute
Notice or Pure Notice Statute
Purchasers for Value
Problems in Grantor-Grantee
Marketable Title Acts
Title Insurance
Private Land Use Controls
Private Nuisance
Introduction
Intentional and Unintentional Interferences
Substantial Interference
Unreasonable Interference
Injunctions and Damages
Creation of Easements
Introduction
Terminology
Express Easements
Easements by Estoppel and Irrevocable Licenses
Implied Easements
Easements Implied from Prior Use
Easements Implied by Necessity
Prescriptive Easements
Assignability, Scope, and Termination of Easements
Assignability of Easements
Divisibility and Apportionment
Scope of Easements
Termination of Easements
Real Covenants and Equitable Servitudes: Running with the Land
Introduction
Terminology
Identifying Real Covenants and Equitable Servitudes
Intent to Bind and Benefit Successors
Touch and Concern
Real Covenants and the Privity of Estate
Equitable Servitudes and the Notice Requirement
Real Covenants and Equitable Servitudes: Common Schemes and Termination
The Common Scheme and Subdivisions
The Common Scheme and Standing to Enforce a Servitude
The Common Scheme and Notice for Recording Acts and Equitable Servitudes
The Common Scheme and the Statute of Frauds
What Constitutes a Common Scheme
Termination of Covenants and Servitudes
Public Land Use Controls
Constitutional and Statutory Constraints on Zoning
Introduction
An Introduction to Constitutional Law
The Standard State Zoning Enabling Act
Cumulative and Noncumulative Zoning
The Constitutional Law in Euclid
Unconstitutional On Its Face and Unconstitutional As Applied
Nonconforming Uses
Amortization
Variances, Special Exceptions, and Zoning Amendments
Variances
Special Exceptions
Judicial Review of Variances and Special Exceptions
Amending the Zoning Ordinance
The Problem of Spot Zoning
Initiative and Referendum
Contract and Conditional Zoning
Floating Zones, Cluster Zones, and PUDs
Selected Challenges to Zoning Ordinances
Aesthetic Regulation
Adult Entertainment
Household Composition of Single-Family Residences
Exclusionary Zoning
Takings
Conventional Condemnation
Inverse Condemnation
Categorical or Per Se Takings
Regulatory Takings
Exactions
Remedies
Table of Cases
Index

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