Cases and materials on American property law

목차 (Table of Contents)

• CONTENTS
• PREFACE = ⅴ
• ACKNOWLEDGMENTS = ⅶ
• TABLE OF CASES = xxix
• Chapter 1. Acquisition of Property Rights: A First Look = 1
• 1.1 Introduction = 1
• 1.2 What Is Property? = 2
• 1.3 Acquisition of Property Rights by Capture = 8
• 1.4 Acquisition of Property Rights by Find = 41
• 1.5 Acquisition of Property Rights by Discovery = 66
• 1.6 Acquisition of Property Rights by Creation = 79
• 1.7 Acquisition of Property Rights by Gift = 108
• Chapter 2. Some Rights, Powers and Obligations of Possessors = 130
• 2.1 Rights = 130
• 2.2 Powers = 136
• 2.3 Obligations = 145
• Chapter 3. Adverse Possession = 163
• 3.1 Introduction = 163
• 3.2 The Actual, Open, Continuous and Exclusive Requirements = 165
• 3.3 State of Mind = 179
• 3.4 Adverse Possession of Chattels = 201
• Chapter 4. Estates in Land and Future Interests = 209
• 4.1 Introduction = 209
• 4.2 The Fee Simple Absolute = 228
• 4.3 Fee Simple Determinable and Fee Simple on Condition Subsequent = 240
• 4.4 Fee Tail and Fee Simple Conditional = 248
• 4.5 Life Estates and Reversions = 260
• 4.6 The Classification of Future Interests in Transferees = 269
• 4.7 Destructibility of Contingent Remainders = 292
• 4.8 The Rule in Shelley's Case = 297
• 4.9 The Doctrine of Worthier Title = 305
• 4.10 The Rule Against Perpetuities = 317
• Chapter 5. Concurrent Estates = 334
• 5.1 Introduction = 334
• 5.2 Rights of Co-Tenants as Between Themselves = 337
• 5.3 Severance of Concurrent Estates = 346
• 5.4 Bank Accounts = 352
• Chapter 6. Property and Cohabitants = 360
• 6.1 Introduction = 360
• 6.2 Dower and Curtesy: The Outmoded Common Law = 360
• 6.3 The Property Rights of a Surviving Spouse: Modern Approaches = 361
• 6.4 Tenants by the Entirety = 362
• 6.5 Community Property Interests = 370
• 6.6 Is Education a Marital Asset? = 386
• 6.7 Property Rights of Unmarried Cohabitants = 403
• Chapter 7. Leasehold Estates = 423
• 7.1 Introduction = 423
• 7.2 Classification of Tenancies = 423
• 7.3 The Lease = 428
• 7.4 Formal Requirements of a Lease = 438
• 7.5 The Necessity of Delivering Possession = 440
• 7.6 Problems Regarding Use of Leased Premises = 449
• 7.7 Interference with the Tenant's Use and Enjoyment of the Premises = 459
• 7.8 Landlord's Liability in Tort for Tenant's Physical Injuries = 503
• 7.9 Retaliatory Eviction = 510
• 7.10 Transfers of a Leasehold Interest = 529
• 7.11 Termination of Leasehold Estates and Reversion of the Premises = 551
• 7.12 The Holdover Tenant = 569
• 7.13 Rent Control = 575
• Chapter 8. "Private" Controls of Land Use: Servitudes = 590
• 8.1 The Law of Servitudes: An Introduction = 590
• 8.2 The Creation of Servitudes = 592
• 8.3 Scope = 636
• 8.4 Transfer of Obligations and Benefits = 643
• 8.5 Easements, Covenants and Equitable Servitudes: What Is the Difference and When Does It Matter? = 698
• 8.6 Termination and Amendment of Servitudes = 702
• 8.7 Note: The (Chaotic) Market for Servitudes = 719
• Chapter 9. "Private" Controls of Land Use: The Law of Nuisance = 723
• 9.1 Introduction = 723
• 9.2 What Is a Nuisance? = 724
• 9.3 Remedies: Correction and Compensation = 748
• 9.4 Social Cost, Transaction Costs, and the Law of Nuisance = 764
• 9.5 Subjacent and Lateral Support = 773
• Chapter 10. Takings, Deliberate and Inadvertent = 776
• 10.1 Eminent Domain = 776
• 10.2 Inverse Condemnation = 795
• 10.3 The "Public Trust" Doctrine: Uses and Limitations = 870
• Chapter 11. "Public" Controls of Land Use: An Introduction to Zoning and Land Use Planning = 879
• 11.1 The power to Zone = 879
• 11.2 Legitimate Purposes (and Effects) of Zoning Law = 891
• 11.3 Racial and Economic Exclusion = 909
• 11.4 Settled Expectations and the Zoning Process = 931
• 11.5 Adding Flexibility to Zoning: Conditional Zoning, Floating Zones and the Planned Unit Development (PUD) = 960
• 11.6 Legislation Limiting Growth and Development = 972
• Chapter 12. The Law of Housing Discrimination = 976
• 12.1 Introduction: The Right to Fair Treatment in the Provision of Housing Services = 976
• 12.2 "State Action" and Race Discrimination = 977
• 12.3 Housing Discrimination and Federal Law: The 1866 Civil Rights Act and the 1968 Fair Housing Act = 983
• 12.4 Housing Discrimination and State Law = 1013
• Chapter 13. Public Regulation of Community Ownership: Condominiums and Cooperatives = 1019
• 13.1 External Relations = 1019
• 13.2 Internal Disputes = 1030
• Chapter 14. Voluntary Transfers of Interests in Real Property: The Real Estate Transaction = 1035
• 14.1 Introduction: The Market for Real Property and the Land Sale Contract = 1035
• 14.2 The Role of Real Estate Brokers, Lawyers and Other Professionals = 1037
• 14.3 The Land Sale Contract and the Statute of Frauds = 1055
• 14.4 Construction and Performance of the Land Sale Contract = 1061
• 14.5 Contractual Promises (Express and Implied) and the Doctrine of Merger = 1097
• 14.6 A Brief Look at Real Estate Financing = 1106
• Chapter = 115. Voluntary Transfers of Interests in Real Property: Conveyancing by Deed = 1111
• 15.1 Introduction: The Rise of the Deed = 1111
• 15.2 The Form of the Modern Deed = 1112
• 15.3 Descriptions = 1119
• 15.4 Delivery = 1132
• Chapter 16. Assuring Good Title = 1151
• 16.1 Information Costs and the Market for Real Property = 1151
• 16.2 Common Law Mechanisms of Title Assurance = 1153
• 16.3 The Recording Acts = 1164
• 16.4 Title Insurance = 1192
• 16.5 The Special Role of Statutes of Limitation in Clearing Land Titles = 1203
• 16.6 Marketable Title Acts = 1211
• 16.7 Land Registration Systems: A Short Note on Torrens = 1222
• INDEX = 1225