The Glannon Guide To Property

The Glannon Guide To Property

by James C. Smith
     
 

Following the format of the highly successful Glannon Guide series, The Glannon Guide to Property: Learning Property Through Multiple-Choice Questions and Analysis provides a concise, clear, and effective review of property topics through the use of
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Overview

Following the format of the highly successful Glannon Guide series, The Glannon Guide to Property: Learning Property Through Multiple-Choice Questions and Analysis provides a concise, clear, and effective review of property topics through the use of

Product Details

ISBN-13:
9780735557970
Publisher:
Wolters Kluwer Law & Business
Publication date:
04/11/2008
Series:
Glannon Guides Series
Edition description:
Older Edition
Pages:
348
Product dimensions:
10.00(w) x 7.00(h) x 0.72(d)

Table of Contents

Acknowledgments xv

Chapter 1 A Very Short Introduction 1

Chapter 2 Finders of Personal Property 5

A The General Rule 5

B The Public/Private Place Distinction 7

C Mislaid Property 9

D Treasure Trove 11

E The Closer: Other Factors 12

Chapter 3 Gifts of Personal Property 15

A The Basic Elements 15

B Physical Delivery 17

C Constructive and Symbolic Deliveries 18

D Acceptance 19

E Gift Causa Mortis 20

F The Closer: Gifts of Future Interests 22

Chapter 4 Intellectual Property 25

A Patents 26

B Copyrights 28

C Trademarks 30

D Trade Secrets 32

E Misappropriation 35

F Right of Publicity 37

G The Closer: Distinguishing among the IP Categories 39

Chapter 5 Adverse Possession 41

A The Basic Concept: Wrongful Possession 42

B Standard Elements and Policies 43

C Adverse Possession and Record Title 46

D Color of Title and Constructive Adverse Possession 47

E Open and Notorious Possession 49

F Hostile and Adverse Possession 50

G Exclusive Possession 53

H Continuous Possession and Tacking 54

I Disability Provisions 57

J Adverse Possession of Personal Property 59

K The Closer: State of Mind 61

Chapter 6 Fee Simple Estates 65

A Some Basic Principles 66

B Creation of Fee Simple at Common Law: Words of Inheritance 69

C Creation under Modern Statutes: Presumption of Fee Simple 72

D Rebutting the Presumption of Fee Simple 74

E The Closer: Dying without Heirs 75

Chapter 7 Defeasible Estates 79

A The Nature of Defeasible Estates 80

B What Language Makes an Estate Defeasible? 82

C The Fee Simple Determinable 85

D The Fee Simple Subject to Condition Subsequent 86

E The Fee Simple Subject toExecutory Limitation 88

F The Closer: Distinguishing Cutting Short an Estate and the Natural Expiration of an Estate 90

Chapter 8 Life Estates 93

A The Nature of the Life Estate 94

B Legal and Equitable Life Estates 97

C The Doctrine of Waste 98

D The Closer: Continuing and Ongoing Activity 100

Chapter 9 Reversions and Remainders 103

A Distinguishing Reversions and Remainders 104

B Types of Remainders 106

C Distinction between the Contingent Remainder and the Vested Remainder Subject to Complete Divestment 109

D Alternative Contingent Remainders 113

E The Closer: Stripping the Share of a Deceased Grantee 114

Chapter 10 Executory Interests 117

A The History of Executory Interests 117

B Active Trusts 119

C Distinction between Springing and Shifting Executory Interests 121

D The Divesting Effect of Executory Interests 124

E The Closer: Taking Away a Trust Beneficiary's Interest 125

Chapter 11 Rule Against Perpetuities 129

A Background to the Rule 130

B Future Interests That Are Subject to the Rule 131

C The Basic Concept: An Event That May Take Place Far in the Future 133

D The Concept of Measuring Lives 135

E Class Gifts: The Problem of the Afterborn Person 136

F Statutory and Judicial Reforms 139

G The Closer: Who Graduates from High School? 140

Chapter 12 Contenants 143

A Right to Shared Possession 144

B Ouster 146

C Tenancy in Common 147

D Joint Tenancy 149

E The Closer: Tracing Cotenancy Interests through the Generations 151

Chapter 13 Marital Property 155

A Tenancy by the Entirety 155

B Death 159

C Divorce 161

D Community Property 164

E The Closer: Treatment of Real Property Held by Both Spouses at Divorce 165

Chapter 14 Leasehold Estates 169

A Nature of Leasehold Estates 170

B Tenancy for Years 172

C Periodic Tenancy 175

D Tenancy at Will 176

E Tenancy at Sufferance 179

F The Closer: Keeping Straight the Leasehold Estates 181

Chapter 15 Quiet Enjoyment and Condition of Leased Premises 183

A Creation of Covenant of Quiet Enjoyment 184

B Identity of Wrongdoer 185

C Actual Eviction 187

D Constructive Eviction 189

E Condition of Premises: Caveat Emptor 191

F Implied Warranty of Habitability 193

G The Closer: Review of the Tenant's Options 194

Chapter 16 Landlord's Remedies 197

A Tenant's Default 197

B Tenant's Abandonment 199

C Collection of Rent 201

D Mitigation of Damages 203

E Eviction Procedures 204

F The Closer: Destruction of Improvements by Casualty 206

Chapter 17 Subleases and Assignments 209

A Nature of Sublease 209

B Nature of Assignment 211

C Distinction between Sublease and Assignment 214

D Lease Restrictions 216

E The Closer: Rent Liability after Multiple Assignments 218

Chapter 18 Easements 221

A Appurtenant Easements and Easements in Gross 222

B Affirmative Easements, Negative Easements, and Profits 223

C Transfers of Easements 225

D Granting an Easement to a Third Party 227

E The Scope of Easements 228

F Easements Implied from Prior Use 230

G Easements by Necessity 232

H Prescriptive Easements 235

I Duration of Easements 237

J The Closer: Planning for Access When Subdividing a Parcel 239

Chapter 19 Covenants 241

A Traditional Real Covenant 242

B Horizontal Privity of Estate 244

C Rise of the Equitable Servitude 246

D Intent that Covenant Runs 248

E Touch and Concern Requirement 250

F Vertical Privity of Estate 254

G Interpretation of Covenants 256

H Change of Circumstances and Abandonment 258

I The Closer: Reciprocal Negative Easement 260

Chapter 20 Nuisance 263

A The Classic Perspective: Substantial Harm 264

B Modern Balancing of Utilities 265

C Nuisance Immunity 267

D Nuisance Per Se 269

E The "Coming to the Nuisance" Defense 271

F The Closer: Priority in Time 273

Chapter 21 Zoning 275

A The Constitutionality of Zoning 277

B The Separation of Land Uses 278

C Zoning Ordinance Amendments 280

D Nonconforming Uses 283

E Variances 286

F Special Exceptions and Special Permits 288

G Performance Zoning 291

H The Closer: A New, Tough Tree Ordinance 294

Chapter 22 Takings 297

A The Public Use Requirement 298

B Just Compensation 300

C Regulatory Takings 301

D Physical Invasions 303

E The Closer: Transferable Development Rights 305

Chapter 23 Closing Closers: Some Practice Questions 307

Index 321

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