Property, Sixth Edition / Edition 6

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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

Visit the companion website for Property, Sixth Edition, where you can find more information about the book and authors.

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Product Details

  • ISBN-13: 9780735557925
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/15/2006
  • Edition description: Sixth Edition
  • Edition number: 6
  • Pages: 1094
  • Product dimensions: 7.30 (w) x 10.20 (h) x 1.70 (d)

Table of Contents

List of Illustrations
Preface to the Fifth Edition
From the Preface to the First Edition
Acknowledgments
Pt. I An Introduction to Some Fundamentals 1
Ch. 1 First Possession: Acquisition of Property by Discovery, Capture, and Creation 3
Ch. 2 Subsequent Possession: Acquisition of Property by Find, Adverse Possession, and Gift 107
Pt. II The System of Estates (Leaseholds Aside) 195
The Nature of the Judicial Process 196
Ch. 3 Possessory Estates 197
Ch. 4 Future Interests 269
Ch. 5 Co-ownership and Marital Interests 339
Pt. III Leaseholds: The Law of Landlord and Tenant 443
Ch. 6 Tradition, Tension, and Change in Landlord-Tenant Law 445
Pt. IV Transfers of Land 557
Ch. 7 The Land Transaction 559
Ch. 8 Title Assurance 661
Pt. V Land Use Controls 745
Ch. 9 Judicial Land Use Controls: The Law of Nuisance 747
Ch. 10 Private Land Use Controls: The Law of Servitudes 781
Ch. 11 Legislative Land Use Controls: The Law of Zoning 951
Ch. 12 Eminent Domain and the Problem of Regulatory Takings 1093
Table of Cases 1239
Author Index 1249
Subject Index 1255
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