
Property
by Burke, D. Barlow; Snoe, Joseph A.Rent Textbook
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Summary
Author Biography
Table of Contents
Preface | p. xix |
Acknowledgments | p. xxi |
Possession, Personal Property, and Adverse Possession | |
The Law of Property | p. 3 |
Introduction | p. 3 |
Common Law Cases | p. 5 |
Case Analysis | p. 8 |
Personal Property and Possession | p. 13 |
Introduction and Definitions | p. 13 |
Possession, Relativity of Title, and First-in-Time | p. 14 |
Actual Possession and the Fox Case | p. 15 |
Custom | p. 17 |
More Uses for the Doctrine of Custom | p. 19 |
Natural Resources and Other Concerns | p. 19 |
Water Law | p. 20 |
Actionable Interference | p. 21 |
Misappropriation | p. 22 |
The Law of Finders and Prior Possessors | p. 29 |
Conversion, Replevin, and Trover | p. 31 |
Armory v. Delamirie | p. 31 |
Extensions of the Armory Rule--and a Right of Subrogation | p. 32 |
Lost Property, Mislaid Property, Abandoned Property, and Treasure Trove | p. 32 |
Other Considerations | p. 34 |
Instrumental View | p. 35 |
Legislation | p. 35 |
Bailments | p. 41 |
Definition | p. 41 |
Overview of Negligence and Strict Liability | p. 43 |
Specialized Bailment Issues | p. 43 |
Misdelivery of Bailed Property | p. 45 |
When Bailed Property Is Lost or Damaged | p. 47 |
Good Faith or Bona Fide Purchasers | p. 53 |
Voidable Title and Bona Fide Purchasers | p. 53 |
The UCC and Bona Fide Purchasers | p. 55 |
Entrustment | p. 56 |
Gifts | p. 61 |
Inter Vivos Gifts | p. 61 |
Gifts Causa Mortis | p. 64 |
Fixtures | p. 69 |
Adverse Possession | p. 73 |
Introduction | p. 73 |
Elements of Adverse Possession | p. 75 |
Privity and Tacking | p. 80 |
Disabilities and Tolling the Running of the Statute of Limitations | p. 81 |
Life Tenants and Remaindermen | p. 82 |
Common Law Estates and Interests in Real Property | |
Common Law Estates and Present Interests | p. 107 |
Some History | p. 107 |
Estates: Some Fundamentals | p. 108 |
Estates and Interests | p. 109 |
What to Look for in Studying Freehold Estates | p. 110 |
Defeasible Fee Simple Estates | p. 117 |
Classifying Estates in Fee Simple | p. 121 |
Future Interests | p. 129 |
Introduction | p. 129 |
Distinguishing Present Interests and Future Interests | p. 129 |
Future Interests Retained by the Grantor or Transferor | p. 130 |
Future Interests in Third-Party Transferees | p. 131 |
Vested and Contingent Remainders | p. 133 |
Practice Interpreting Grants with Conditions | |
Precedent and Conditions Subsequent | p. 135 |
Alternative Contingent Remainders | p. 136 |
Why We Distinguish Vested and Contingent Remainders | p. 137 |
Executory Interests | p. 138 |
Variations on Vested Remainders | p. 139 |
Special Rules of Construction | p. 151 |
The Rule of Destructibility of Contingent Remainders | p. 151 |
The Merger Rule | p. 153 |
The Rule in Shelley's Case | p. 154 |
The Doctrine of Worthier Title | p. 156 |
The Rule Against Perpetuities | p. 161 |
The Rule Against Perpetuities | p. 161 |
Interests Not Affected | p. 162 |
Interests Affected | p. 162 |
Interests Dependent on an Event | p. 165 |
Grantee Identified by Description Rather Than Named | p. 168 |
Intergenerational Family Transfers | p. 169 |
Effect of Class Closing Rules | p. 171 |
Commercial Options | p. 174 |
Statutory Reforms of the Rule | p. 175 |
Concurrent Ownership | p. 185 |
Tenancy in Common | p. 185 |
Joint Tenancy with Right of Survivorship | p. 186 |
Distinguishing Joint Tenancies from Tenancies in Common | p. 188 |
Severance | p. 189 |
Tenancy by the Entirety | p. 192 |
Rights and Obligations Between Co-tenants | p. 193 |
Partition | p. 197 |
Marital Property | p. 209 |
Common Law Dower | p. 209 |
Dower Reform | p. 210 |
The Elements of Dower | p. 210 |
Dower and Adverse Possession | p. 211 |
Dower and Waste | p. 212 |
Release of Dower | p. 212 |
Barring Dower | p. 212 |
Forcing an Election | p. 212 |
Curtesy | p. 212 |
The Modern Elective Share | p. 214 |
Calculating the Amount of the Elective Share | p. 214 |
Homesteads | p. 215 |
Community Property | p. 216 |
The Law of Landlord and Tenant | |
The Landlord and Tenant Relationship | p. 225 |
Types of Leases | p. 225 |
The Landlord's Duty to Deliver Possession | p. 229 |
The Holdover Tenant (Briefly Now--More Later) | p. 230 |
Transfers of the Lease | p. 239 |
Privity of Contract and Privity of Estate | p. 239 |
Assignments and Subleases | p. 239 |
The Traditional Rule | p. 240 |
Rule of Intent | p. 240 |
The Effect of Tenant Transfers on Privity | p. 241 |
Real Covenants | p. 242 |
Landlord's Consent to a Sublease or Assignment | p. 243 |
Landlord Consent Provisions | p. 243 |
The Rule of Dumpor's Case | p. 245 |
Transfers of the Landlord's Interest | p. 245 |
Waste, Duty to Repair, Destruction of Leased Premises, and Security Deposits | p. 251 |
Waste | p. 251 |
The Measure of Damages for Waste | p. 252 |
Fixtures | p. 252 |
The Duty to Repair | p. 253 |
The Destruction of the Premises | p. 254 |
Security Deposits | p. 255 |
Termination and Abandoment of the Lease | p. 259 |
Landlord Eviction of Tenant in Default | p. 259 |
Self-help | p. 259 |
Ejectment | p. 260 |
Summary Possession Statutes | p. 261 |
Tenant's Abandonment and Surrender | p. 263 |
Surrender | p. 263 |
Abandonment | p. 263 |
Achieving Habitable Premises | p. 271 |
Evictions--Actual and Otherwise | p. 271 |
The Implied Warranty of Habitability | p. 275 |
Retaliatory Eviction as a Tenant's Defense to Eviction | p. 279 |
Illegal and Frustrated Leases | p. 281 |
Premises Liability of Landlords | p. 293 |
Landlord Liability for Criminal Acts | p. 295 |
Exculpatory Clauses | p. 296 |
The Holdover Tenant and Concluding Comments | p. 301 |
Transfers of Land | |
The Sales Contract | p. 311 |
Introduction | p. 311 |
Closing | p. 312 |
Remedies for Breach | p. 313 |
Real Estate Brokers and Agents | p. 313 |
Broker as Seller's Agent | p. 315 |
Broker's Duty to Disclose Latent Defects to Purchasers | p. 316 |
The Statute of Frauds | p. 317 |
Part Performance and Other Exceptions | p. 318 |
Executory Period Issues | p. 327 |
Introduction | p. 327 |
Marketable Title | p. 328 |
Caveat Emptor and the Duty to Disclose Defects | p. 333 |
Time for Performance | p. 334 |
Remedies for Breach of Sales Contract | p. 335 |
Equitable Conversion and Risk of Loss | p. 336 |
Real Estate Closings | p. 349 |
The Closing or Settlement Process | p. 349 |
Delivery | p. 350 |
Mortgages | p. 354 |
Post-Closing Title Assurances | p. 369 |
Merger Doctrine | p. 369 |
Types of Deeds | p. 369 |
Deed Covenants | p. 370 |
Present Covenants | p. 372 |
Future Covenants | p. 373 |
Damages | p. 374 |
Attorney Fees | p. 375 |
Remote Grantees | p. 376 |
Implied Warranty of Quality | p. 377 |
After Acquired Title (Estoppel by Deed) | p. 379 |
The Recording Systems | p. 391 |
Introduction | p. 391 |
Searching a Chain of Title Using the Grantee Index | p. 393 |
Searching a Chain of Title Using the Grantor Index | p. 394 |
Searching a Tract Index | p. 394 |
The Recording Acts | p. 395 |
Race or Pure Race Statute | p. 395 |
Race-Notice Statute | p. 396 |
Notice or Pure Notice Statute | p. 399 |
Purchasers for Value | p. 400 |
Problems in Grantor-Grantee | p. 401 |
Marketable Title Acts | p. 402 |
Title Insurance | p. 404 |
Private Land Use Controls | |
Private Nuisance | p. 423 |
Introduction | p. 423 |
Intentional and Unintentional Interferences | p. 424 |
Substantial Interference | p. 425 |
Unreasonable Interference | p. 425 |
Injunctions and Damages | p. 426 |
Creation of Easements | p. 433 |
Introduction | p. 433 |
Terminology | p. 434 |
Express Easements | p. 436 |
Easements by Estoppel and Irrevocable Licenses | p. 437 |
Implied Easements | p. 439 |
Easements Implied from Prior Use | p. 440 |
Easements Implied by Necessity | p. 442 |
Prescriptive Easements | p. 443 |
Assignability, Scope, and Termination of Easements | p. 459 |
Assignability of Easements | p. 459 |
Divisibility and Apportionment | p. 460 |
Scope of Easements | p. 462 |
Termination of Easements | p. 465 |
Real Covenants and Equitable Servitudes: Running with the Land | p. 477 |
Introduction | p. 477 |
Terminology | p. 478 |
Identifying Real Covenants and Equitable Servitudes | p. 479 |
Intent to Bind and Benefit Successors | p. 480 |
Touch and Concern | p. 481 |
Real Covenants and the Privity of Estate | p. 485 |
Equitable Servitudes and the Notice Requirement | p. 489 |
Real Covenants and Equitable Servitudes: Common Schemes and Termination | p. 497 |
The Common Scheme and Subdivisions | p. 497 |
The Common Scheme and Standing to Enforce a Servitude | p. 498 |
The Common Scheme and Notice for Recording Acts and Equitable Servitudes | p. 500 |
The Common Scheme and the Statute of Frauds | p. 502 |
What Constitutes a Common Scheme | p. 502 |
Termination of Covenants and Servitudes | p. 504 |
Public Land Use Controls | |
Constitutional and Statutory Constraints on Zoning | p. 517 |
Introduction | p. 517 |
An Introduction to Constitutional Law | p. 517 |
The Standard State Zoning Enabling Act | p. 518 |
Cumulative and Noncumulative Zoning | p. 519 |
The Constitutional Law in Euclid | p. 520 |
Unconstitutional On Its Face and Unconstitutional As Applied | p. 523 |
Nonconforming Uses | p. 524 |
Amortization | p. 525 |
Variances, Special Exceptions, and Zoning Amendments | p. 531 |
Variances | p. 531 |
Special Exceptions | p. 534 |
Judicial Review of Variances and Special Exceptions | p. 535 |
Amending the Zoning Ordinance | p. 536 |
The Problem of Spot Zoning | p. 537 |
Initiative and Referendum | p. 539 |
Contract and Conditional Zoning | p. 540 |
Floating Zones, Cluster Zones, and PUDs | p. 540 |
Selected Challenges to Zoning Ordinances | p. 551 |
Aesthetic Regulation | p. 551 |
Adult Entertainment | p. 555 |
Household Composition of Single-Family Residences | p. 557 |
Exclusionary Zoning | p. 561 |
Takings | p. 573 |
Conventional Condemnation | p. 573 |
Inverse Condemnation | p. 575 |
Categorical or Per Se Takings | p. 576 |
Regulatory Takings | p. 579 |
Exactions | p. 586 |
Remedies | p. 589 |
Table of Cases | p. 599 |
Index | p. 603 |
Table of Contents provided by Ingram. All Rights Reserved. |
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