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This highly respected and widely used casebook — long recognized by both students and instructors as one of the best available for any course — continues to offer a dynamic and distinctive introduction to the law of property. Carefully preserving the excellent foundation created by original authors the late Jesse Dukeminier and James Krier, PROPERTY, Sixth Edition, incorporates a wealth of new material.
What makes PROPERTY such an ideal casebook?
• a unique blend of wit, erudition, insight, and playfulness
• engaging structure that encompasses cases, text, questions, problems, visual illustrations, and examples
• modular organization makes the book highly adaptable to a range of syllabi and equally well suited for use in property courses with different emphases and credit hours
• distinctive sense of humor and human-interest perspective
• comprehensive coverage of property topics, including in-depth treatment of estates and future interests, servitudes, and land-use controls
• cases are enhanced and connected to broader legal principles by well-written notes, questions, and problems
• the authors employ an accessible 'economic lens' as a tool for thinking critically about property — with the caveat that 'the economics in the book can be managed easily... even by the totally uninitiated; it can also be ignored or even scorned.'
• extensive Teacher's Manual that answers every question and problem in the casebook, provides brief comments, and offers deeper analysis and observations
Changes for the Sixth Edition reflect meticulous updating:
• James Krier is joined by new coauthors Gregory Alexander and Michael Schill in integrating new developments while carefully retaining the distinctive character of this highly successful casebook
• Intellectual Property materials are substantially revised to incorporate cases recommended by users and decrease the emphasis on cyberspace
• the Takings chapter is fully updated with new developments and recent Supreme Court cases, including Tahoe Sierra and Kelo v. New London
• chapters on Estates and Future Interests are shortened by deleting older materials on the Rule Against Perpetuities (RAP) and adding newer materials on the RAP and Dynastic Trusts
• real estate transaction coverage is enhanced by: a shorter, more up-to-date description of a typical transaction; an updated sales contract; a new section on brokers with a case on broker fiduciary duty; new text on multiple listing services, antitrust implications, and broker commissions; e-signatures and the statute of frauds; remedies for breach of real estate sales contracts, including two new cases on the calculation of damages, rescission, and retention of deposit; and new emphasis on how the law of real property differs from the law of contracts and the UCC
• prudent trimming of the materials on Equitable Servitudes, particularly on touch and concern and vertical privity requirements
• for professors who prefer to devote less time to future interests, a new, optional 'short form' version appears in the completely updated Teacher's Manual.
Part I: An Introduction to Some Fundamentals
Chapter 1. First Possession: Acquisition of Property by Discovery, Capture, and Creation
Chapter 2. Subsequent Possession: Acquisition of Property by Find, Adverse Possession, and Gift
Part II: System of Estates (Leaseholds Aside)
Chapter 3. Possessory Estates
Chapter 4. Future Interests
Chapter 5. Co-ownership and Marital Interests
Part III: Leaseholds: The Law of Landlord and Tenant
Chapter 6. Tradition, Tension, and Change in Landlord-Tenant Law
Part IV: Transfers of Land
Chapter 7. The Land Transaction
Chapter 8. Title Assurance
Part V: Land-Use Controls
Chapter 9. Judicial Land Use Controls: The Law of Nuisance
Chapter 10. Private Land Use Controls: The Law of Servitudes
Chapter 11. Legislative Land Use Controls: The Law of Zoning
Chapter 12. Eminent Domain and the Problem of Regulatory Takings
Posted August 4, 2010
No text was provided for this review.
Posted January 2, 2013
No text was provided for this review.