Fundamentals of Modern Property Law

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ISBN: 9781599410531 | 1599410532
Cover: Hardcover
Copyright: 4/30/2006

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Divided into discrete assignments for ease of use, this book uses a novel problem-solving approach and a creative, student-friendly structure to explain modern property law. Each assignment starts with a problem to be discussed or solved with the help of the cases and materials that follow. The Fifth Edition includes extensive new material on trespass by electronic communication, common interest communities, the public use requirement in eminent domain, and regulatory takings.

Preface

Scope of Book

vii

Table of Cases

xxiii

I. INTRODUCTION

(38)

Assignment 1. The Right to Exclude Others From Private Property

(22)

Introduction

(1)

Principal Problem

(1)

Materials for Solution of Principal Problem

(20)

Assignment 2. The Right to Exclude Others From Semi-Private Property: Free Speech Rights Versus Property Rights

(16)

Introduction

(1)

Principal Problem

(1)

Materials for Solution of Principal Problem

(15)

II. NON-FREEHOLD ESTATES

(134)

Scope of Duties and Rights During the Lease Term

Assignment 3. Landlord-Tenant: The Right of Exclusive Physical Possession

(18)

Lease or License?

(1)

Principal Problem

(1)

Materials for Solution of Principal Problem

(7)

Interference with Actual Physical Possession and Quiet Enjoyment

(1)

Interference at the Commencement of the Lease Term

(1)

Interference During the Lease Term

(1)

Principal Problem

(1)

Materials for Solution of Principal Problem

(8)

Assignment 4. Implied Landlord's Duties and Implied Conditions to Tenant's Obligations

(26)

Introduction

(1)

Principal Problem

(1)

Materials for Solution of Principal Problem

(21)

Types of Common Law Tenancies

(3)

Assignment 5. Landlord's Tort Liability for Personal Injuries

(24)

Introduction

(1)

Principal Problem

(1)

Materials for Solution of Principal Problem

(22)

Scope of Duties and Rights Upon Termination of Lease

Assignment 6. Landlord's Motives in Selecting or Removing Tenants

107

(22)

Introduction

107

(1)

Principal Problem

108

(1)

Materials for Solution of Principal Problem

109

(20)

Assignment 7. Assignments and Subleases

129

(24)

Distinctions Between Assignments and Subleases

129

(1)

Introduction

129

(1)

Principal Problem

130

(1)

Materials for Solution of Principal Problem

130

(13)

Tenant's Right to Assign or Sublease

143

(1)

Introduction

143

(1)

Principal Problem

144

(1)

Materials for Solution of Principal Problem

145

(8)

Assignment 8. Tenant's Breach: Landlord's Remedies

153

(20)

Introduction

153

(1)

Principal Problem

154

(1)

Materials for Solution of Principal Problem

155

(18)

III. FREEHOLD ESTATES

173

(164)

Non-Concurrent Estates

Assignment 9. Introduction to Present and Future Estates: Terminology

173

(22)

Introduction

173

(3)

The Fee Simple Absolute

176

(2)

Defeasible Fees

178

(3)

Life Estates and Their Associated Future Interests

181

(6)

Distinguishing Between Equitable and Legal Estates

187

(1)

Modern Trends Regarding Future Interests

188

(1)

Review Outline

189

(3)

Problem Set

192

(1)

Sample Statute of Descent and Distribution

192

(3)

Assignment 10. Introduction to the Common Law Rule Against Perpetuities

195

(18)

Introduction

195

(1)

Principal Problem

196

(1)

Materials for Solution of Principal Problem

197

(11)

Problem Sets

208

(5)

Assignment 11. Modern Perpetuities Developments

213

(20)

Introduction

213

(1)

Principal Problem

213

(1)

Materials for Solution of Principal Problem

213

(20)

Assignment 12. Life Estates and Associated Future Interests: The Doctrine of Waste

233

(18)

Introduction

233

(1)

Principal Problem

234

(1)

Materials for Solution of Principal Problem

234

(17)

Assignment 13. Restraints on Alienation

251

(20)

Introduction

251

(1)

Principal Problem

252

(1)

Materials for Solution of Principal Problem

253

(18)

Concurrent Estates

Assignment 14. Concurrent Estates: Creation

271

(18)

Introduction

271

(4)

Principal Problem

275

(1)

Materials for Solution of Principal Problem

275

(14)

Assignment 15. Concurrent Estates: Administration

289

(14)

Introduction

289

(1)

Principal Problem

289

(1)

Materials for Solution of Principal Problem

290

(13)

Assignment 16. Joint Tenancies: Termination (Severance)

303

(12)

Introduction

303

(1)

Principal Problem

303

(1)

Materials for Solution of Principal Problem

303

(12)

Assignment 17. Marital Property

315

(22)

Introduction

315

(1)

Community Property Jurisdictions

316

(1)

Common Law Property Jurisdictions

317

(3)

Principal Problem

320

(1)

Materials for Solution of Principal Problem on Human Capital

321

(16)

IV. NON-POSSESSORY INTERESTS (SERVITUDES)

337

(462)

Easements

Assignment 18. Express Easements: Classification and Manner of Creation

337

(24)

Introduction

337

(5)

Principal Problem

342

(1)

Materials for Solution of Principal Problem

343

(18)

Assignment 19. Express Easements: Interpretation and Extent

361

(18)

Introduction

361

(4)

Principal Problem

365

(1)

Materials for Solution of Principal Problem

365

(14)

Assignment 20. Express Easements: Succession

379

(20)

Introduction

379

(1)

Succession of Appurtenant Easements

380

(2)

Succession of Easements In Gross

382

(2)

Principal Problem

384

(1)

Materials for Solution of Principal Problem

385

(14)

Assignment 21. Express Easements: Termination and Extinguishment

399

(26)

Introduction

399

(5)

Principal Problem

404

(1)

Materials for Solution of Principal Problem

405

(20)

Assignment 22. Non-Express Easements

425

(20)

Introduction

425

(8)

Principal Problem

433

(1)

Materials for Solution of Principal Problem

434

(11)

Covenants Running With the Land (Promissory Servitudes)

Assignment 23. Creation and Validity

445

(26)

Introduction

445

(1)

Terminology

446

(25)

Principal Problem

448

(1)

Materials for Solution of Principal Problem

448

(23)

Assignment 24--25. Enforcement and Running of Covenants

471

(42)

Enforcement by One Who Owns No Land (Covenants in Gross)

471

(2)

Enforcement by Successor of Promisee Against Successor of Promisor (The Running Issue)

473

(11)

Principal Problem

484

(1)

Materials for Solution of Principal Problem

484

(29)

Assignment 26. Defenses to the Enforcement of Covenants

513

(14)

Introduction

513

(1)

Principal Problem

514

(1)

Materials for Solution of Principal Problem

514

(13)

Assignment 27. Common Interest Communities

527

(18)

Introduction

527

(1)

Principal Problem

528

(1)

Materials for Solution of Principal Problem

529

(16)

Rights of Neighbors

Assignment 28. Nuisance

545

(26)

Introduction

545

(1)

Principal Problem

546

(1)

Materials for Solution of Principal Problem

547

(24)

Assignment 29. Governmental Power to Take Property: The ``Public Use'' Requirement

571

(22)

Introduction

571

(1)

Principal Problem

571

(1)

Materials for Solution of Principal Problem

572

(21)

Rights of Government and the Public

Assignment 30--31. The Power to Regulate Land Use: Regulatory Takings

593

(68)

Physical Takings

593

(1)

Introduction

593

(5)

Principal Problem

598

(1)

Materials for Solution of Principal Problem

599

(12)

Regulatory Takings

611

(1)

Introduction

611

(1)

Principal Problem

611

(1)

Materials for Solution of Principal Problem

612

(37)

Development Exactions

649

(1)

Introduction

649

(1)

Principal Problem

649

(1)

Materials for Solution of Principal Problem

649

(12)

Assignment 32. Rent Control

661

(32)

Introduction

661

(1)

Principal Problem

662

(1)

Materials for Solution of Principal Problem

663

(30)

Assignment 33. The Public Trust Doctrine

693

(22)

Introduction

693

(2)

Principal Problem

695

(1)

Materials for Solution of Principal Problem

696

(19)

Assignment 34. Limits on Regulating Land Use: Excluding Racial and Economic Groups

715

(30)

Introduction

715

(1)

Principal Problem

716

(1)

Materials for Solution of Principal Problem

716

(29)

Assignment 35. Discouraging or Controlling Growth

745

(22)

Introduction

745

(1)

Principal Problem

746

(1)

Materials for Solution of Principal Problem

746

(21)

Assignment 36--37. Limits on Regulating Property Rights: Substantive Due Process, Equal Protection, and First Amendment Freedoms

767

(32)

Introduction

767

(1)

Principal Problem

767

(2)

Materials for Solution of Principal Problem

769

(30)

V. TRANSFER OF INTERESTS IN REAL PROPERTY

799

(396)

Transfer Without Written Instruments

Assignment 38--39. Adverse Possession

799

(44)

Introduction

799

(2)

A Sample Statute

801

(2)

Principal Problem A: Possession that is Hostile, Adverse or Under a Claim of Right

803

(1)

Materials for Solution of Principal Problem A

804

(10)

Principal Problem B: Possession That Is Exclusive, Open, Notorious, Actual and Continuous

814

(2)

Materials for Solution of Principal Problem B

816

(22)

Acquisition of Non-Possessory Interests in Land Through Adverse Use

838

(2)

Agreed Boundaries

840

(3)

Transfer With Written Instruments

Assignment 40. The Requirement of a Written Instrument

843

(30)

Informal Documents of Conveyance (Deeds)

843

(1)

Introduction

843

(1)

Principal Problem

843

(1)

Materials for Solution of Principal Problem

844

(9)

Contracts for the Sale of Real Estate

853

(1)

Introduction

853

(1)

Principal Problem

854

(1)

Materials for Solution of Principal Problem

855

(18)

Assignment 41. Deed Descriptions

873

(28)

Introduction

873

(4)

Methods of Describing Land

877

(22)

Review Problem

899

(2)

Assignment 42. Deed Must Be Delivered

901

(18)

Introduction

901

(1)

Principal Problem A: Delivery Without Escrow

902

(1)

Materials for Solution of Principal Problem A

903

(8)

Principal Problem B: ``Death Escrows''

911

(1)

Materials for Solution of Principal Problem B

911

(8)

Real Property Sales and Financing

Assignment 43. Real Estate Brokers

919

(22)

Introduction

919

(4)

Principal Problem

923

(1)

Materials for Solution of Principal Problem

924

(17)

Assignment 44. Contracting for Marketable Title

941

(26)

Introduction

941

(2)

Principal Problem

943

(1)

Materials for Solution of Principal Problem

943

(24)

Assignment 45. Remedies for Breach of Marketing Contract

967

(28)

Damages

967

(1)

Introduction

967

(1)

Principal Problem: Liquidated Damages for Buyer's Default

968

(1)

Materials for the Solution of Principal Problem

969

(12)

Specific Performance

981

(1)

Introduction

981

(1)

Principal Problem: Seller's Default

982

(1)

Materials for Solution of Principal Problem

982

(13)

Assignment 46. Introduction to Mortgages

995

(34)

Introduction

995

(5)

Principal Problem

1000

(1)

Materials for Solution of Principal Problem

1001

(28)

Protecting Title

Assignment 47. Covenants of Title

1029

(22)

Introduction

1029

(6)

Principal Problem

1035

(1)

Materials for Solution of Principal Problem

1035

(16)

Assignment 48--49. Recording Statutes

1051

(38)

Principal Problem

1051

(1)

The Basic Rules

1051

(13)

Principal Cases: Problems of Notice

1064

(23)

Review Question on Recording Problems

1087

(2)

Assignment 50. Title Insurance

1089

(24)

Introduction

1089

(3)

Principal Problem

1092

(1)

Materials for Solution of Principal Problem

1093

(20)

Income Tax Considerations

Assignment 51. Introduction to Income Tax Issues Affecting Home Buyers and Sellers

1113

(14)

Introduction

1113

(5)

Principal Problem

1118

(1)

Materials for Solution of Principal Problem

1119

(8)

Liability for Defects

Assignment 52. The Time Between the Contract and Deed: The Doctrine of Equitable Conversion

1127

(22)

Introduction

1127

(2)

Principal Problem

1129

(1)

Materials for Solution of Principal Problem

1130

(19)

Assignment 53. After the Closing: Implied Warranty of Fitness and the Duty to Disclose

1149

(28)

Introduction

1149

(4)

Principal Problem

1153

(1)

Materials for Solution of Principal Problem

1154

(23)

Assignment 54. Liability for Toxic Wastes

1177

(18)

Introduction

1177

(2)

Principal Problem

1179

(1)

Materials for Solution of Principal Problem

1180

(15)

VI. INTRODUCTION TO INTELLECTUAL PROPERTY LAW

1195

(98)

Assignment 55. Trademark Law

1195

(42)

Introduction to Intellectual Property Law

1195

(4)

Introduction to Trademark Law

1199

(6)

Principal Problem

1205

(1)

Materials for Solution of Principal Problem

1206

(31)

Assignment 56. Copyright Law

1237

(30)

Introduction

1237

(5)

Principal Problem

1242

(1)

Materials for Solution of Principal Problem

1243

(24)

Assignment 57. The Right of Publicity

1267

(26)

Introduction

1267

(1)

Principal Problem

1267

(2)

Materials for Solution of Principal Problem

1269

(24)

Index

1293

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Fundamentals of Modern Property Law

Summary

Table of Contents

Supplemental Materials