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