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Acknowledgments | |
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A Very Short Introduction | |
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Finders of Personal Property | |
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The General Rule | |
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The Public/Private Place Distinction | |
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Mislaid Property | |
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Treasure Trove | |
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The Closer: Other Factors | |
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Gifts of Personal Property | |
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The Basic Elements | |
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Physical Delivery | |
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Constructive and Symbolic Deliveries | |
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Acceptance | |
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Gift Causa Mortis | |
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The Closer: Gifts of Future Interests | |
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Intellectual Property | |
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Patents | |
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Copyrights | |
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Trademarks | |
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Trade Secrets | |
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Misappropriation | |
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Right of Publicity | |
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The Closer: Distinguishing among the IP Categories | |
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Adverse Possession | |
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The Basic Concept: Wrongful Possession | |
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Standard Elements and Policies | |
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Adverse Possession and Record Title | |
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Color of Title and Constructive Adverse Possession | |
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Open and Notorious Possession | |
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Hostile and Adverse Possession | |
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Exclusive Possession | |
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Continuous Possession and Tacking | |
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Disability Provisions | |
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Adverse Possession of Personal Property | |
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The Closer: State of Mind | |
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Fee Simple Estates | |
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Some Basic Principles | |
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Creation of Fee Simple at Common Law: Words of Inheritance | |
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Creation under Modern Statutes: Presumption of Fee Simple | |
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Rebutting the Presumption of Fee Simple | |
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The Closer: Dying without Heirs | |
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Defeasible Estates | |
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The Nature of Defeasible Estates | |
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What Language Makes an Estate Defeasible? | |
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The Fee Simple Determinable | |
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The Fee Simple Subject to Condition Subsequent | |
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The Fee Simple Subject to Executory Limitation | |
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The Closer: Distinguishing Cutting Short an Estate and the Natural Expiration of an Estate | |
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Life Estates | |
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The Nature of the Life Estate | |
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Legal and Equitable Life Estates | |
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The Doctrine of Waste | |
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The Closer: Continuing and Ongoing Activity | |
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Reversions and Remainders | |
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Distinguishing Reversions and Remainders | |
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Types of Remainders | |
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Distinction between the Contingent Remainder and the Vested Remainder Subject to Complete Divestment | |
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Alternative Contingent Remainders | |
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The Closer: Stripping the Share of a Deceased Grantee | |
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Executory Interests | |
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The History of Executory Interests | |
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Active Trusts | |
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Distinction between Springing and Shifting Executory Interests | |
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The Divesting Effect of Executory Interests | |
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The Closer: Taking Away a Trust Beneficiary's Interest | |
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Rule Against Perpetuities | |
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Background to the Rule | |
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Future Interests That Are Subject to the Rule | |
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The Basic Concept: An Event That May Take Place Far in the Future | |
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The Concept of Measuring Lives | |
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Class Gifts: The Problem of the Afterborn Person | |
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Statutory and Judicial Reforms | |
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The Closer: Who Graduates from High School? | |
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Contenants | |
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Right to Shared Possession | |
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Ouster | |
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Tenancy in Common | |
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Joint Tenancy | |
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The Closer: Tracing Cotenancy Interests through the Generations | |
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Marital Property | |
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Tenancy by the Entirety | |
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Death | |
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Divorce | |
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Community Property | |
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The Closer: Treatment of Real Property Held by Both Spouses at Divorce | |
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Leasehold Estates | |
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Nature of Leasehold Estates | |
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Tenancy for Years | |
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Periodic Tenancy | |
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Tenancy at Will | |
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Tenancy at Sufferance | |
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The Closer: Keeping Straight the Leasehold Estates | |
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Quiet Enjoyment and Condition of Leased Premises | |
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Creation of Covenant of Quiet Enjoyment | |
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Identity of Wrongdoer | |
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Actual Eviction | |
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Constructive Eviction | |
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Condition of Premises: Caveat Emptor | |
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Implied Warranty of Habitability | |
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The Closer: Review of the Tenant's Options | |
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Landlord's Remedies | |
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Tenant's Default | |
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Tenant's Abandonment | |
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Collection of Rent | |
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Mitigation of Damages | |
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Eviction Procedures | |
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The Closer: Destruction of Improvements by Casualty | |
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Subleases and Assignments | |
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Nature of Sublease | |
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Nature of Assignment | |
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Distinction between Sublease and Assignment | |
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Lease Restrictions | |
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The Closer: Rent Liability after Multiple Assignments | |
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Easements | |
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Appurtenant Easements and Easements in Gross | |
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Affirmative Easements, Negative Easements, and Profits | |
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Transfers of Easements | |
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Granting an Easement to a Third Party | |
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The Scope of Easements | |
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Easements Implied from Prior Use | |
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Easements by Necessity | |
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Prescriptive Easements | |
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Duration of Easements | |
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The Closer: Planning for Access When Subdividing a Parcel | |
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Covenants | |
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Traditional Real Covenant | |
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Horizontal Privity of Estate | |
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Rise of the Equitable Servitude | |
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Intent that Covenant Runs | |
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Touch and Concern Requirement | |
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Vertical Privity of Estate | |
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Interpretation of Covenants | |
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Change of Circumstances and Abandonment | |
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The Closer: Reciprocal Negative Easement | |
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Nuisance | |
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The Classic Perspective: Substantial Harm | |
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Modern Balancing of Utilities | |
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Nuisance Immunity | |
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Nuisance Per Se | |
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The "Coming to the Nuisance" Defense | |
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The Closer: Priority in Time | |
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Zoning | |
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The Constitutionality of Zoning | |
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The Separation of Land Uses | |
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Zoning Ordinance Amendments | |
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Nonconforming Uses | |
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Variances | |
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Special Exceptions and Special Permits | |
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Performance Zoning | |
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The Closer: A New, Tough Tree Ordinance | |
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Takings | |
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The Public Use Requirement | |
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Just Compensation | |
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Regulatory Takings | |
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Physical Invasions | |
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The Closer: Transferable Development Rights | |
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Closing Closers: Some Practice Questions | |
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Index | |