Property: Examples & Explanations, Second Edition / Edition 2

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Overview

The focused coverage of Property: Examples & Explanations, Third Edition , along with the proven Examples & Explanations format, which combines textual material with well-written examples, explanations, and questions that test the reader’s understanding of the material covered, makes this text an invaluable means for helping students master the intricacies of property law. Among the features that have made this study aid a success:
  • eminently clear and readable text
  • six-part topical organization that matches the coverage of most first-year property courses and follows the organization of the best selling property casebook by Dukeminier, Krier, Alexander & Schill
  • rich pedagogy includes boldfaced legal terms and visual aids, such as charts and diagrams, especially for common-law estates—a topic that lends itself to diagrammatic presentation
  • the authors address principal cases used in most leading casebooks
  • skilled and experienced authorship by long-time teachers and scholars of property law
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Product Details

  • ISBN-13: 9780735539792
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/28/2004
  • Series: Examples & Explanations Series
  • Edition description: Revised for 2004
  • Edition number: 2
  • Pages: 608
  • Product dimensions: 6.98 (w) x 9.94 (h) x 1.13 (d)

Table of Contents

Preface xix
Acknowledgments xxi
Part 1 Possession, Personal Property, and Adverse Possession
Chapter 1 The Law of Property 3
Introduction 3
Common Law Cases 5
Case Analysis 8
Chapter 2 Personal Property and Possession 13
Introduction and Definitions 13
Possession, Relativity of Title, and First-in-Time 14
Actual Possession and the Fox Case 15
Custom 17
More Uses for the Doctrine of Custom 19
Natural Resources and Other Concerns 19
Water Law 20
Actionable Interference 21
Misappropriation 22
Chapter 3 The Law of Finders and Prior Possessors 29
Conversion, Replevin, and Trover 31
Armory v. Delamirie 31
Extensions of the Armory Rule--and a Right of Subrogation 32
Lost Property, Mislaid Property, Abandoned Property, and Treasure Trove 32
Other Considerations 34
Instrumental View 35
Legislation 35
Chapter 4 Bailments 41
Definition 41
Overview of Negligence and Strict Liability 43
Specialized Bailment Issues 43
Misdelivery of Bailed Property 45
When Bailed Property Is Lost or Damaged 47
Chapter 5 Good Faith or Bona Fide Purchasers 53
Voidable Title and Bona Fide Purchasers 53
The UCC and Bona Fide Purchasers 55
Entrustment 56
Chapter 6 Gifts 61
Inter Vivos Gifts 61
Gifts Causa Mortis 64
Chapter 7 Fixtures 69
Chapter 8 Adverse Possession 73
Introduction 73
Elements of Adverse Possession 75
Privity and Tacking 80
Disabilities and Tolling the Running of the Statute of Limitations 81
Life Tenants and Remaindermen 82
Part 2 Common Law Estates and Interests in Real Property
Chapter 9 Common Law Estates and Present Interests 107
Some History 107
Estates: Some Fundamentals 108
Estates and Interests 109
What to Look for in Studying Freehold Estates 110
Defeasible Fee Simple Estates 117
Classifying Estates in Fee Simple 121
Chapter 10 Future Interests 129
Introduction 129
Distinguishing Present Interests and Future Interests 129
Future Interests Retained by the Grantor or Transferor 130
Future Interests in Third-Party Transferees 131
Vested and Contingent Remainders 133
Practice Interpreting Grants with Conditions
Precedent and Conditions Subsequent 135
Alternative Contingent Remainders 136
Why We Distinguish Vested and Contingent Remainders 137
Executory Interests 138
Variations on Vested Remainders 139
Chapter 11 Special Rules of Construction 151
The Rule of Destructibility of Contingent Remainders 151
The Merger Rule 153
The Rule in Shelley's Case 154
The Doctrine of Worthier Title 156
Chapter 12 The Rule Against Perpetuities 161
The Rule Against Perpetuities 161
Interests Not Affected 162
Interests Affected 162
Interests Dependent on an Event 165
Grantee Identified by Description Rather Than Named 168
Intergenerational Family Transfers 169
Effect of Class Closing Rules 171
Commercial Options 174
Statutory Reforms of the Rule 175
Chapter 13 Concurrent Ownership 185
Tenancy in Common 185
Joint Tenancy with Right of Survivorship 186
Distinguishing Joint Tenancies from Tenancies in Common 188
Severance 189
Tenancy by the Entirety 192
Rights and Obligations Between Co-tenants 193
Partition 197
Chapter 14 Marital Property 209
Common Law Dower 209
Dower Reform 210
The Elements of Dower 210
Dower and Adverse Possession 211
Dower and Waste 212
Release of Dower 212
Barring Dower 212
Forcing an Election 212
Curtesy 212
The Modern Elective Share 214
Calculating the Amount of the Elective Share 214
Homesteads 215
Community Property 216
Part 3 The Law of Landlord and Tenant
Chapter 15 The Landlord and Tenant Relationship 225
Types of Leases 225
The Landlord's Duty to Deliver Possession 229
The Holdover Tenant (Briefly Now--More Later) 230
Chapter 16 Transfers of the Lease 239
Privity of Contract and Privity of Estate 239
Assignments and Subleases 239
The Traditional Rule 240
Rule of Intent 240
The Effect of Tenant Transfers on Privity 241
Real Covenants 242
Landlord's Consent to a Sublease or Assignment 243
Landlord Consent Provisions 243
The Rule of Dumpor's Case 245
Transfers of the Landlord's Interest 245
Chapter 17 Waste, Duty to Repair, Destruction of Leased Premises, and Security Deposits 251
Waste 251
The Measure of Damages for Waste 252
Fixtures 252
The Duty to Repair 253
The Destruction of the Premises 254
Security Deposits 255
Chapter 18 Termination and Abandoment of the Lease 259
Landlord Eviction of Tenant in Default 259
Self-help 259
Ejectment 260
Summary Possession Statutes 261
Tenant's Abandonment and Surrender 263
Surrender 263
Abandonment 263
Chapter 19 Achieving Habitable Premises 271
Evictions--Actual and Otherwise 271
The Implied Warranty of Habitability 275
Retaliatory Eviction as a Tenant's Defense to Eviction 279
Illegal and Frustrated Leases 281
Chapter 20 Premises Liability of Landlords 293
Landlord Liability for Criminal Acts 295
Exculpatory Clauses 296
Chapter 21 The Holdover Tenant and Concluding Comments 301
Part 4 Transfers of Land
Chapter 22 The Sales Contract 311
Introduction 311
Closing 312
Remedies for Breach 313
Real Estate Brokers and Agents 313
Broker as Seller's Agent 315
Broker's Duty to Disclose Latent Defects to Purchasers 316
The Statute of Frauds 317
Part Performance and Other Exceptions 318
Chapter 23 Executory Period Issues 327
Introduction 327
Marketable Title 328
Caveat Emptor and the Duty to Disclose Defects 333
Time for Performance 334
Remedies for Breach of Sales Contract 335
Equitable Conversion and Risk of Loss 336
Chapter 24 Real Estate Closings 349
The Closing or Settlement Process 349
Delivery 350
Mortgages 354
Chapter 25 Post-Closing Title Assurances 369
Merger Doctrine 369
Types of Deeds 369
Deed Covenants 370
Present Covenants 372
Future Covenants 373
Damages 374
Attorney Fees 375
Remote Grantees 376
Implied Warranty of Quality 377
After Acquired Title (Estoppel by Deed) 379
Chapter 26 The Recording Systems 391
Introduction 391
Searching a Chain of Title Using the Grantee Index 393
Searching a Chain of Title Using the Grantor Index 394
Searching a Tract Index 394
The Recording Acts 395
Race or Pure Race Statute 395
Race-Notice Statute 396
Notice or Pure Notice Statute 399
Purchasers for Value 400
Problems in Grantor-Grantee 401
Marketable Title Acts 402
Title Insurance 404
Part 5 Private Land Use Controls
Chapter 27 Private Nuisance 423
Introduction 423
Intentional and Unintentional Interferences 424
Substantial Interference 425
Unreasonable Interference 425
Injunctions and Damages 426
Chapter 28 Creation of Easements 433
Introduction 433
Terminology 434
Express Easements 436
Easements by Estoppel and Irrevocable Licenses 437
Implied Easements 439
Easements Implied from Prior Use 440
Easements Implied by Necessity 442
Prescriptive Easements 443
Chapter 29 Assignability, Scope, and Termination of Easements 459
Assignability of Easements 459
Divisibility and Apportionment 460
Scope of Easements 462
Termination of Easements 465
Chapter 30 Real Covenants and Equitable Servitudes: Running with the Land 477
Introduction 477
Terminology 478
Identifying Real Covenants and Equitable Servitudes 479
Intent to Bind and Benefit Successors 480
Touch and Concern 481
Real Covenants and the Privity of Estate 485
Equitable Servitudes and the Notice Requirement 489
Chapter 31 Real Covenants and Equitable Servitudes: Common Schemes and Termination 497
The Common Scheme and Subdivisions 497
The Common Scheme and Standing to Enforce a Servitude 498
The Common Scheme and Notice for Recording Acts and Equitable Servitudes 500
The Common Scheme and the Statute of Frauds 502
What Constitutes a Common Scheme 502
Termination of Covenants and Servitudes 504
Part 6 Public Land Use Controls
Chapter 32 Constitutional and Statutory Constraints on Zoning 517
Introduction 517
An Introduction to Constitutional Law 517
The Standard State Zoning Enabling Act 518
Cumulative and Noncumulative Zoning 519
The Constitutional Law in Euclid 520
Unconstitutional On Its Face and Unconstitutional As Applied 523
Nonconforming Uses 524
Amortization 525
Chapter 33 Variances, Special Exceptions, and Zoning Amendments 531
Variances 531
Special Exceptions 534
Judicial Review of Variances and Special Exceptions 535
Amending the Zoning Ordinance 536
The Problem of Spot Zoning 537
Initiative and Referendum 539
Contract and Conditional Zoning 540
Floating Zones, Cluster Zones, and PUDs 540
Chapter 34 Selected Challenges to Zoning Ordinances 551
Aesthetic Regulation 551
Adult Entertainment 555
Household Composition of Single-Family Residences 557
Exclusionary Zoning 561
Chapter 35 Takings 573
Conventional Condemnation 573
Inverse Condemnation 575
Categorical or Per Se Takings 576
Regulatory Takings 579
Exactions 586
Remedies 589
Table of Cases 599
Index 603
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