Cases and Materials on American Property Law

Cases and Materials on American Property Law

by Sheldon F. Kurtz, Herbert Hovenkamp

Hardcover(Older Edition)

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Product Details

ISBN-13: 9780314016539
Publisher: West Group
Publication date: 03/01/1993
Series: American Casebook Series
Edition description: Older Edition
Pages: 1232

Table of Contents

Preface
Acknowledgments
Table of Cases
Chapter 1 Acquisition of Property Rights: A First Look
Introduction
What Is Property?
Acquisition of Property Rights by Capture
Acquisition of Property Rights by Find
Acquisition of Property Rights by Discovery
Acquisition of Property Rights by Creation
Acquisition of Property Rights by Gift
Chapter 2 Some Rights, Powers and Obligations of Possessors
Rights
Powers
Obligations
Chapter 3 Adverse Possession
Introduction
The Actual, Open, Continuous and Exclusive Requirements
State of Mind
Adverse Possession of Chattels
Chapter 4 Estates in Land and Future Interests
Introduction
The Fee Simple Absolute
Fee Simple Determinable and Fee Simple on Condition Subsequent
Fee Tail and Fee Simple Conditional
Life Estates and Reversions
The Classification of Future Interests in Transferees
Destructibility of Contingent Remainders
The Rule in Shelley's Case
The Doctrine of Worthier Title
The Rule Against Perpetuities
Chapter 5 Concurrent Estates
Introduction
Rights of Co-Tenants as Between Themselves
Severance of Concurrent Estates
Bank Accounts
Chapter 6 Property and Cohabitants
Introduction
Dower and Curtesy: The Outmoded Common Law
The Property Rights of a Surviving Spouse: Modern Approaches
Tenants by the Entirety
Community Property Interests
Is Education a Marital Asset?
Property Rights of Unmarried Cohabitants
Chapter 7 Leasehold Estates
Introduction
Classification of Tenancies
The Lease
Formal Requirements of a Lease
The Necessity of Delivering Possession
Problems Regarding Use of Leased Premises
Interference with the Tenant's Use and Enjoyment of the Premises
Landlord's Liability in Tort for Tenant's Physical Injuries
Retaliatory Eviction
Transfers of a Leasehold Interest
Termination of Leasehold Estates and Reversion of the Premises
The Holdover Tenant
Rent Control
Chapter 8 "Private" Controls of Land Use: Servitudes
The Law of Servitudes: An Introduction
The Creation of Servitudes
Scope
Transfer of Obligations and Benefits
Easements, Covenants and Equitable Servitudes: What Is the Difference and When Does It Matter?
Termination and Amendment of Servitudes
Note: The (Chaotic) Market for Servitudes
Chapter 9 "Private" Controls of Land Use: The Law of Nuisance
Introduction
What Is a Nuisance?
Remedies: Correction and Compensation
Social Cost, Transaction Costs, and the Law of Nuisance
Subjacent and Lateral Support
Chapter 10 Takings, Deliberate and Inadvertent
Eminent Domain
Inverse Condemnation
The "Public Trust" Doctrine: Uses and Limitations
Chapter 11 "Public" Controls of Land Use: An Introduction to Zoning and Land Use Planning
The Power to Zone
Legitimate Purposes (and Effects) of Zoning Law
Racial and Economic Exclusion
Settled Expectations and the Zoning Process
Adding Flexibility to Zoning: Conditional Zoning, Floating Zones and the Planned Unit Development
(PUD)
Legislation Limiting Growth and Development
Chapter 12 The Law of Housing Discrimination
Introduction: The Right to Fair Treatment in the Provision of Housing Services
"State Action" and Race Discrimination
Housing Discrimination and Federal Law: The 1866 Civil Rights Act and the 1968 Fair Housing Act
Housing Discrimination and State Law
Chapter 13 Public Regulation of Community Ownership: Condominiums and Cooperatives
External Relations
Internal Disputes
Chapter 14 Voluntary Transfers of Interests in Real Property: The Real Estate Transaction
Introduction: The Market for Real Property and the Land Sale Contract
The Role of Real Estate Brokers, Lawyers and Other Professionals
The Land Sale Contract and the Statute of Frauds
Construction and Performance of the Land Sale Contract
Contractual Promises (Express and Implied) and the Doctrine of Merger
A Brief Look at Real Estate Financing
Chapter 15 Voluntary Transfers of Interests in Real Property: Conveyancing by Deed
Introduction: The Rite of the Deed
The Form of the Modern Deed
Descriptions
Delivery
Chapter 16 Assuring Good Title
Information Costs and the Market for Real Property
Common Law Mechanisms of Title Assurance
The Recording Acts
Title Insurance
The Special Role of Statutes of Limitations in Clearing Land Titles
Marketable Title Acts
Land Registration Systems: A Short Note on Torrnes
INDEX

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