Property / Edition 7

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Overview

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.

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Product Details

  • ISBN-13: 9780735588998
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/11/2010
  • Series: Casebook Series
  • Edition description: Older Edition
  • Edition number: 7
  • Pages: 1234
  • Product dimensions: 7.70 (w) x 10.30 (h) x 1.60 (d)

Table of Contents

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

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