Introduction to Property

ISBN-10: 0735546584

ISBN-13: 9780735546585

Edition: 2nd 2005 (Student Manual, Study Guide, etc.)

List price: $60.00
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Description:

With a stronger emphasis on accessibility, the Second Edition of Introduction to Property gives students a much-needed overview of the law of property, addressing all the classic and contemporary topics covered in the typical first-year course.Equally useful with any casebook, this exceptional paperback text:clearly explains property rules and doctrine through a textual treatment, describing the complicated and antiquated property laws in a lively, contemporary manner and including numerous examples to help students understand the lawemphasizes disagreements among states about the applicable rules of property law, with explanations of why states adopt different rulesclarifies the norms and policy bases of property law through a balanced account of the various theoretical approaches to property, enabling students to understand the reasoning behind the law, including the reasons why states do not always agree on what rules to followteaches students to spot issues by explaining how courts interpret ambiguous elements in rules and identifying situations likely to give rise to exceptionsprepares students for class and for exams by modeling correct answers to hard cases in which the law is unclear. By giving short summaries of the strongest arguments on both sides, students learn real-world skills for analyzing problems, rather than just memorizing black letter law.draws on the expertise of Joseph Singer, a leading property scholar who has authored a very popular property casebookmaintains a balanced perspectiveThe Second Edition introduces much new material:the text is redesigned for easier access, with special features highlighted so they can be easily distinguished from the rest of the text new Supreme Court cases on regulatory takings lawnew court interpretations of the Fair Housing Act and the Americans with Disabilities Actnew state statutes, such as the New York statute prohibiting discrimination on the basis of sexual orientation in housing and public accommodationsfootnotes, cases, and statutes updated with citations to recent casesupdated problems reflect recent court decisions
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Book details

List price: $60.00
Edition: 2nd
Copyright year: 2005
Publisher: Wolters Kluwer Law & Business
Publication date: 1/27/2005
Binding: Paperback
Pages: 901
Size: 10.00" wide x 1.50" long x 1.50" tall
Weight: 3.190
Language: English

Preface
Introduction
What Is Property?
Relations Among People Regarding Valued Resources
Ownership v. Bundles of Rights
Individual Entitlement v. Property as a System
Regulation v. Construction of a Property System
Legal Relations
Core Tensions Within Property Law
Right to Exclude v. Right of Access
Privilege to Use v. Security from Harm
Power to Transfer v. Limits on Disaggregation
Immunity from Loss v. Power to Acquire
Recurring Themes
Rule Choices, Hard Cases, and Competing Arguments
Social Context
Formal v. Informal Sources of Rights
The Alienability Dilemma
Contractual Freedom and Minimum Standards
Systemic Norms
Theories of Property
Normative Approaches
Justificatory Norms
The Right to Exclude and the Right of Access
Trespass and Public Accommodations Law
Introduction
Excluding or Admitting People
Private Property (Closed to the Public)
Shared Use or Possession
Public Accommodations (Open to the Public)
Common Law Limits on the Right to Exclude
Consent
Estoppel
Necessity
Public Policy or Social Need
Prescription
Objects
Encroaching Structures
Vegetation and Trees
Aviation
Pollution
Animals
Public Accommodations Laws
Title II of the Civil Rights Act of 1964
Civil Rights Act of 1866
Americans with Disabilities Act of 1990
State Laws
Free Speech Rights of Access to Private Property
United States Constitution
State Constitutions
Labor Laws
Public Trust Doctrine
Relationships Among Neighbors
Nuisance
Introduction
Private Nuisance
Test
Remedies
Types of Nuisances
Public Nuisance
Water Rights
Diffuse Surface Water (Flooding)
Streams and Lakes
Groundwater
Support Rights
Lateral Support
Subjacent Support
Light and Air
Adverse Possession
Introduction
Elements
Actual Possession
Open and Notorious
Exclusive
Continuous
Adverse or Hostile
For the Statutory Period
Under Color of Title
Justifications for Adverse Possession
Typical Cases
Color of Title
Border Disputes
Squatters
Cotenants
Procedures and Effects of Adverse Possession
Level of Proof Required
Effect on Prior Encumbrances
Claims Against the Government
Informal Transfers of Title to Settle Boundary Disputes
Improving Trespasser
Dedication
Oral Agreement
Acquiescence
Estoppel
Adverse Possession of Personal Property
Licenses and Easements
Introduction
Licenses
Implied Easements
Easement by Estoppel
Constructive Trust
Implied From Prior Use
Necessity
Prescriptive Easements
Express Easements
Formal Requirements to Create
Substantive Limitations
Running with the Land (Appurtenant v. In Gross)
Scope, Location, and Extension of Appurtenant Easements
Scope and Apportionment of Easements in Gross
Terminating Easements
Covenants
Introduction
Formal Requirements
Writing
Notice
Intent to Run
Privity of Estate
Substantive Requirements
Touch and Concern
Enforcement in Gross
Implied Reciprocal Negative Servitudes
Remedies
Interpretation of Ambiguous Covenants
Public Policy Limitations
Racial Restrictions
Unreasonable Restraints on Alienation
Unreasonable Restraints on Competition
Public Policy
Modifying or Terminating Covenants
Changed Conditions
Relative Hardship
Conduct of the Parties
Statutory Regulation
Common Ownership
Present Estates and Future Interests
Introduction
Fee Simple
Defeasible Fees
Fee Simple Determinable/Possibility of Reverter
Fee Simple Subject to Condition Subsequent/Right of Entry
Fee Simple Subject to Executory Limitation/Executory Interest
Life Estates
Remainders and Reversions
Contingent and Vested Remainders
Destructibility of Contingent Remainders
Doctrine of Worthier Title
Rule in Shelley's Case
Trusts
Interpretation of Ambiguous Conveyances
Presumption Against Forfeitures
Waste
Cy pres
Changed Conditions
Regulatory Rules
Abolition of Fee Tail
Restrictions on New Estates
Unreasonable Restriants on Alienation
Rule Against Perpetuities
Racial Restrictions
Restraints on Marriage
Public Policy
Judicial Sale of Property Subject to Future Interests
Concurrent Ownership
Introduction
Ownership in Common
Tenancy in Common
Joint Tenancy
Tenancy by the Entirety
Interpretation of Ambiguities
Rights and Obligations of Cotenants
Partition
Joint Management
Contribution for Repairs and Maintenance
Rental Benefits and Obligations
Leasing
Adverse Possession
Common Interest Communities
Condominiums
Cooperatives
Affordable Housing Arrangements
Business Property
Partnerships
Corporations
Franchises
Nonprofit Organizations
Governmental Ownership
Family Property
Introduction
Historical Background
Dower and Curtesy
Married Women's Property Acts
Marital Property
Separate Property
Community Property
Tenancy by the Entirety
Unmarried Couples
Male-Female Couples
Same-Sex Couples
Parents and Children
Inheritance
Wills and Will Substitutes
Intestate Succession
Regulation of the Market for Shelter
Leaseholds
Introduction
Distinguishing Leaseholds from Other Interests
Types of Tenancies (Leasehold Estates)
Term of Years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance
Tenant's Obligations and Landlord's Remedies
Tenant's Duty to Pay Rent
Tenant's Duty to Operate
Illegality
Landlord's Remedies
Landlord's Obligations and Tenant's Remedies
Landlord's Duty to Deliver Possession
Security Deposits
Actual Eviction
Antieviction Laws
Rent Control
Tenant's Right to Habitable Premises
Constructive Eviction
Housing Codes
Implied Warranty of Habitability
Retaliatory Eviction
Landlord's Tort Liability
Consumer Protection Laws
Lead Paint Laws
Transfers by Landlord or Tenant
Landlord's Right to Transfer the Reversion
Tenant's Rights to Assign or Sublet
Real Estate Transactions
Introduction
Brokers
Sales Contract (Purchase and Sale Agreement)
The Attorney's Role
Statute of Frauds
What Constitutes Breach
Remedies for Breach
Risk of Loss During Executory Period
Death of a Contracting Party
Mistake
Deeds and Title Protection
Formal Requirements
Substantive Requirements
Title Covenants
Marketable Title Acts
Recording Acts
Title Insurance
Title Registration
Real Estate Finance
Mortgages
Installment Land Contracts
Equitable Mortgages
Fair Housing Law
Introduction
Intentional Racial or National Origin Discrimination
U.S. Constitution
Fair Housing Act of 1968
Civil Rights Act of 1866
Sex Discrimination
Disability Discrimination
Familial Status Discrimination
Families with Children
Marital Status
Religious Discrimination
Sexual Orientation Discrimination
Disparate Impact Claims
Race
Sex
Disability
Familial Status
Religion
National Origin
Economic Discrimination
Intentional Wealth-based Discrimination
Exclusionary Zoning
The Right to Be Somewhere: Homelessness and Loitering Laws
Public Land Use Planning
Land Use Regulation
Introduction
Planning Process
Federal, State, and Local Regulation
Zoning Enabling Acts
Comprehensive Plan
Zoning Ordinance
Board of Adjustment or Board of Zoning Appeals
Zoning Laws
Lot and Building Regulations
Use Regulation
Special Exceptions
Contract or Conditional Zoning
Floating Zones
Overlay Zones
Protection of Pre-Existing Property Rights
Prior Nonconforming Uses
Variances
Vested Rights
Rezoning: Limits on Preferential Zoning
Conformity with Comprehensive Plan
Spot Zoning
Nonzoning Land Use Controls
Building and Housing Codes
Subdivision Regulations
Growth Management and Regional Planning
Historic Landmarks
Environmental Protection
Telecommunications Towers
Constitutional Limits on Land Use Regulations
First Amendment
Procedural Due Process
Substantive Due Process
Equal Protection
Regulatory Takings
Introduction
Historical Background
Before 1922
1922 to 1978
After 1978
"Categorical" Takings
Core Property Rights
Deprivation of all Economically Viable Use
Vested Rights
General Balancing Test
Character of Government Action
Economic Impact (Diminution in Value)
Interference with Reasonable Investment-backed Expectations
Fairness and Justice
Judicial Takings
Exactions
Takings Legislation
"Public Use" Requirement
U.S. Constitution
State Constitutions
Remedies for Regulatory Takings
Just Compensation
Procedures
Tribal Property
Tribal Property
American Indian Property
Introduction
Tribal Title
Original Indian Title (Aboriginal Title)
Recognized Title
Executive Order Title
Individual Title
Restricted Trust Allotments
Assignments
Compensability
Original Indian Title
Recognized Title
Executive Order Title
Restricted Trust Allotments
Protection of Tribal Possession
Restraint on Alienation
Extinguishment
Reparations
Indian Claims Commission Act
Eastern Land Claims
Land Claims Settlement Acts
Breach of Trust Claims
Native American Graves Protection and Repatriation Act
Tribal Easements
Hunting and Fishing Rights
Water Rights
Personal and Intellectual Property
Personal and Intellectual Property
Introduction
Personal Property
Wild Animals
Finders
Gifts
Bailments
Good Faith Purchasers
Adverse Possession
Accession and Fixtures
Intellectual Property
Copyright
Patents
Trademarks
Unfair Competition
Publicity Rights
Moral Rights of Artists
Cultural Property
Human Bodies
Table of Cases
Tables of Statutes
Table of Restatements
Index
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