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Property: Examples & Explanations, Second Edition / Edition 2

Property: Examples & Explanations, Second Edition / Edition 2

by Barlow Burke, Joseph Snoe, Joseph A. Snoe, Joseph Snoe

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ISBN-10: 0735539790

ISBN-13: 9780735539792

Pub. Date: 04/28/2004

Publisher: Wolters Kluwer Law & Business

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


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

Product Details

Wolters Kluwer Law & Business
Publication date:
Examples & Explanations Series
Edition description:
Revised for 2004
Product dimensions:
6.98(w) x 9.94(h) x 1.13(d)

Table of Contents

Part 1Possession, Personal Property, and Adverse Possession
Chapter 1The Law of Property3
Common Law Cases5
Case Analysis8
Chapter 2Personal Property and Possession13
Introduction and Definitions13
Possession, Relativity of Title, and First-in-Time14
Actual Possession and the Fox Case15
More Uses for the Doctrine of Custom19
Natural Resources and Other Concerns19
Water Law20
Actionable Interference21
Chapter 3The Law of Finders and Prior Possessors29
Conversion, Replevin, and Trover31
Armory v. Delamirie31
Extensions of the Armory Rule--and a Right of Subrogation32
Lost Property, Mislaid Property, Abandoned Property, and Treasure Trove32
Other Considerations34
Instrumental View35
Chapter 4Bailments41
Overview of Negligence and Strict Liability43
Specialized Bailment Issues43
Misdelivery of Bailed Property45
When Bailed Property Is Lost or Damaged47
Chapter 5Good Faith or Bona Fide Purchasers53
Voidable Title and Bona Fide Purchasers53
The UCC and Bona Fide Purchasers55
Chapter 6Gifts61
Inter Vivos Gifts61
Gifts Causa Mortis64
Chapter 7Fixtures69
Chapter 8Adverse Possession73
Elements of Adverse Possession75
Privity and Tacking80
Disabilities and Tolling the Running of the Statute of Limitations81
Life Tenants and Remaindermen82
Part 2Common Law Estates and Interests in Real Property
Chapter 9Common Law Estates and Present Interests107
Some History107
Estates: Some Fundamentals108
Estates and Interests109
What to Look for in Studying Freehold Estates110
Defeasible Fee Simple Estates117
Classifying Estates in Fee Simple121
Chapter 10Future Interests129
Distinguishing Present Interests and Future Interests129
Future Interests Retained by the Grantor or Transferor130
Future Interests in Third-Party Transferees131
Vested and Contingent Remainders133
Practice Interpreting Grants with Conditions
Precedent and Conditions Subsequent135
Alternative Contingent Remainders136
Why We Distinguish Vested and Contingent Remainders137
Executory Interests138
Variations on Vested Remainders139
Chapter 11Special Rules of Construction151
The Rule of Destructibility of Contingent Remainders151
The Merger Rule153
The Rule in Shelley's Case154
The Doctrine of Worthier Title156
Chapter 12The Rule Against Perpetuities161
The Rule Against Perpetuities161
Interests Not Affected162
Interests Affected162
Interests Dependent on an Event165
Grantee Identified by Description Rather Than Named168
Intergenerational Family Transfers169
Effect of Class Closing Rules171
Commercial Options174
Statutory Reforms of the Rule175
Chapter 13Concurrent Ownership185
Tenancy in Common185
Joint Tenancy with Right of Survivorship186
Distinguishing Joint Tenancies from Tenancies in Common188
Tenancy by the Entirety192
Rights and Obligations Between Co-tenants193
Chapter 14Marital Property209
Common Law Dower209
Dower Reform210
The Elements of Dower210
Dower and Adverse Possession211
Dower and Waste212
Release of Dower212
Barring Dower212
Forcing an Election212
The Modern Elective Share214
Calculating the Amount of the Elective Share214
Community Property216
Part 3The Law of Landlord and Tenant
Chapter 15The Landlord and Tenant Relationship225
Types of Leases225
The Landlord's Duty to Deliver Possession229
The Holdover Tenant (Briefly Now--More Later)230
Chapter 16Transfers of the Lease239
Privity of Contract and Privity of Estate239
Assignments and Subleases239
The Traditional Rule240
Rule of Intent240
The Effect of Tenant Transfers on Privity241
Real Covenants242
Landlord's Consent to a Sublease or Assignment243
Landlord Consent Provisions243
The Rule of Dumpor's Case245
Transfers of the Landlord's Interest245
Chapter 17Waste, Duty to Repair, Destruction of Leased Premises, and Security Deposits251
The Measure of Damages for Waste252
The Duty to Repair253
The Destruction of the Premises254
Security Deposits255
Chapter 18Termination and Abandoment of the Lease259
Landlord Eviction of Tenant in Default259
Summary Possession Statutes261
Tenant's Abandonment and Surrender263
Chapter 19Achieving Habitable Premises271
Evictions--Actual and Otherwise271
The Implied Warranty of Habitability275
Retaliatory Eviction as a Tenant's Defense to Eviction279
Illegal and Frustrated Leases281
Chapter 20Premises Liability of Landlords293
Landlord Liability for Criminal Acts295
Exculpatory Clauses296
Chapter 21The Holdover Tenant and Concluding Comments301
Part 4Transfers of Land
Chapter 22The Sales Contract311
Remedies for Breach313
Real Estate Brokers and Agents313
Broker as Seller's Agent315
Broker's Duty to Disclose Latent Defects to Purchasers316
The Statute of Frauds317
Part Performance and Other Exceptions318
Chapter 23Executory Period Issues327
Marketable Title328
Caveat Emptor and the Duty to Disclose Defects333
Time for Performance334
Remedies for Breach of Sales Contract335
Equitable Conversion and Risk of Loss336
Chapter 24Real Estate Closings349
The Closing or Settlement Process349
Chapter 25Post-Closing Title Assurances369
Merger Doctrine369
Types of Deeds369
Deed Covenants370
Present Covenants372
Future Covenants373
Attorney Fees375
Remote Grantees376
Implied Warranty of Quality377
After Acquired Title (Estoppel by Deed)379
Chapter 26The Recording Systems391
Searching a Chain of Title Using the Grantee Index393
Searching a Chain of Title Using the Grantor Index394
Searching a Tract Index394
The Recording Acts395
Race or Pure Race Statute395
Race-Notice Statute396
Notice or Pure Notice Statute399
Purchasers for Value400
Problems in Grantor-Grantee401
Marketable Title Acts402
Title Insurance404
Part 5Private Land Use Controls
Chapter 27Private Nuisance423
Intentional and Unintentional Interferences424
Substantial Interference425
Unreasonable Interference425
Injunctions and Damages426
Chapter 28Creation of Easements433
Express Easements436
Easements by Estoppel and Irrevocable Licenses437
Implied Easements439
Easements Implied from Prior Use440
Easements Implied by Necessity442
Prescriptive Easements443
Chapter 29Assignability, Scope, and Termination of Easements459
Assignability of Easements459
Divisibility and Apportionment460
Scope of Easements462
Termination of Easements465
Chapter 30Real Covenants and Equitable Servitudes: Running with the Land477
Identifying Real Covenants and Equitable Servitudes479
Intent to Bind and Benefit Successors480
Touch and Concern481
Real Covenants and the Privity of Estate485
Equitable Servitudes and the Notice Requirement489
Chapter 31Real Covenants and Equitable Servitudes: Common Schemes and Termination497
The Common Scheme and Subdivisions497
The Common Scheme and Standing to Enforce a Servitude498
The Common Scheme and Notice for Recording Acts and Equitable Servitudes500
The Common Scheme and the Statute of Frauds502
What Constitutes a Common Scheme502
Termination of Covenants and Servitudes504
Part 6Public Land Use Controls
Chapter 32Constitutional and Statutory Constraints on Zoning517
An Introduction to Constitutional Law517
The Standard State Zoning Enabling Act518
Cumulative and Noncumulative Zoning519
The Constitutional Law in Euclid520
Unconstitutional On Its Face and Unconstitutional As Applied523
Nonconforming Uses524
Chapter 33Variances, Special Exceptions, and Zoning Amendments531
Special Exceptions534
Judicial Review of Variances and Special Exceptions535
Amending the Zoning Ordinance536
The Problem of Spot Zoning537
Initiative and Referendum539
Contract and Conditional Zoning540
Floating Zones, Cluster Zones, and PUDs540
Chapter 34Selected Challenges to Zoning Ordinances551
Aesthetic Regulation551
Adult Entertainment555
Household Composition of Single-Family Residences557
Exclusionary Zoning561
Chapter 35Takings573
Conventional Condemnation573
Inverse Condemnation575
Categorical or Per Se Takings576
Regulatory Takings579
Table of Cases599

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