The Glannon Guide To Property

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More About This Textbook

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 multiple-choice questions. After each question the author explains how the correct choice was chosen, so that students learn how to analyze exam questions while they review course material. Among the features that make this concise review so effective are:

  • discussions in the text that prepare students to learn effectively from subsequent questions
  • clear explanations of correct and incorrect answers that help to clarify nuances in the law
  • multiple-choice questions that are neither too difficult nor unrealistically straightforward
  • its usefulness as a study aid regardless of whether students will be tested by multiple-choice questions or in another format
  • an extremely user-friendly and interactive approach
  • a more challenging final question in each chapter (the “Closer ”) that illustrates a sophisticated problem
  • fifteen “Closing Closerquestions in the last chapter that provide practice and helpful review of concepts in earlier chapters
  • valuable exam-taking pointers interspersed within the substantive text

You can recommend The Glannon Guide to Property: Learning Property Through Multiple-Choice Questions and Analysis for exam review to your students with confidence.

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Product Details

  • ISBN-13: 9780735557970
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/11/2008
  • 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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