ISBN-10: 019531476X

ISBN-13: 9780195314762

Edition: 2010

Authors: Thomas W. Merrill, Henry E. Smith

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The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.
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Book details

List price: $17.99
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 7/29/2010
Binding: Paperback
Pages: 284
Size: 5.50" wide x 8.00" long x 0.75" tall
Weight: 0.946
Language: English

The Institution of Property
Exclusion and the Bundle of Rights
The Thing's the Thing
General Justifications, General Concerns
Further Reading
Original Acquisition and the Scope of Property Claims
First Possession
Discovery and Creation
Adverse Possession
Sequential Possession, Finders, and the Relativity of Title
The Mosaic of Acquisition Principles
Further Reading
The Domain of Property
The Demsetz Theory
Inherently Public Property
Hybrid Resources
Further Reading
Owners as Gatekeepers
Laws for Owner Protection
Exceptions to the Right to Exclude
Public Accommodation Laws
Antidiscrimination Laws
Owner Powers
Abandonment and Destruction
Transfer by Sale, Gift, and Inheritance
Further Reading
Dividing Property Rights
Estates and Future Interests
How the System Works
Marital Interests
Further Reading
Managing Property
Why Separate Management Authority from Other Incidents of Ownership?
Property and Contract
Models of the Lease Contract
Implied Warranty of Habitability
Transferring Leasehold Interests
Common Interest Communities
Further Reading
Land Transactions and Title Records
Land Sale Contracts
Title Records
Further Reading
Neighbors and Neighborhood Effects
The Coase Theorem
Tort Liability: Nuisance
Modification of Property Rights: Easements
Contract: Covenants Running with the Land
Public Regulation: Zoning
Further Reading
Government Forbearance
The General Form of the Problem
Sources of Forbearance
The Rule of Law
Procedural Due Process
Vested Rights
Stare Decisis
Waivers of Sovereign Immunity
Explicit Takings
Public Use
Just Compensation
Regulatory Takings
Further Reading
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