The law of property / Christopher Serkin, professor of law, Vanderbilt Law School.
2016
Items
Details
Author
Title
The law of property / Christopher Serkin, professor of law, Vanderbilt Law School.
Edition
Second edition.
Imprint
[New York, NY] : Foundation Press ; St. Paul, MN : West Academic Publishing, [2016]
Copyright
©2016
Description
1 online resource (307 pages).
Series
Concepts and insights series.
Formatted Contents Note
Cover Page; Title Page; Copyright Page; Dedication; Acknowledgments; TABLE OF CONTENTS; Introduction; PART I. THE ORIGINS OF PRIVATE PROPERTY; Chapter 1. Fundamentals; A. What Is Property?; B. Why Have Property?; C. Why Not Have Property?; D. Reasoning Through Property Problems; Chapter 2. First in Time; A. Capture; B. Creation; C. Justifications for First-in-Time; D. Property in the Person; Chapter 3. Chain of Title; A. Acquisition by Find; B. Gifts; C. Adverse Possession; PART II. DIVIDING PROPERTY; Chapter 4. Estates and Future Interests; A. History; B. The System
C. Managing Relationships Between the PartiesD. Limits on the Forms of Ownership; Chapter 5. Concurrent Interests; A. The Forms of Co-Ownership; B. Managing Relationships Between the Parties; C. Marital Property; Chapter 6. Leaseholds; A. Types of Leases; B. Obligations Running with Leases; C. Restrictions on Landlords; Chapter 7. Land Transfers; A. The Land Sale Transaction: An Overview; B. Recordation; C. Mortgages; D. Mortgage Markets and the Problem of Securitization; PART III. SERVITUDES; Chapter 8. Easements; A. Terminology; B. Creating Easements
C. Remedies: Property and Liability RulesD. Modifications: Terminating or Expanding the Scope of an Easement; E. Negative Easements; Chapter 9. Covenants; A. The Evolution of Covenants; B. Racially Restrictive Covenants; C. Subdivisions and Homeowners Associations; D. Terminating or Modifying Covenants; PART IV. LAND USE CONTROLS; Chapter 10. Nuisance; A. The Doctrine: An Overview; B. A Closer Look; C. Public Nuisance, and the Leading Edge of Nuisance Law; Chapter 11. Land Use Regulations; A. Historical Evolution; B. The Function of Zoning; C. The Mechanics of Zoning
D. Legal Limits of ZoningE. Affordable Housing and Impacts on the Poor; F. Cutting-Edge Topics; Chapter 12. The Takings Clause and Eminent Domain; A. The Public Use Doctrine; B. Justifications for Eminent Domain; C. Compensation; D. Legal Reforms; Chapter 13. Regulatory Takings; A. The Penn Central Test; B. The Per Se Takings Rules; C. Scholarly Accounts; D. Judicial Takings and the Public Trust; Table of Cases; Index
C. Managing Relationships Between the PartiesD. Limits on the Forms of Ownership; Chapter 5. Concurrent Interests; A. The Forms of Co-Ownership; B. Managing Relationships Between the Parties; C. Marital Property; Chapter 6. Leaseholds; A. Types of Leases; B. Obligations Running with Leases; C. Restrictions on Landlords; Chapter 7. Land Transfers; A. The Land Sale Transaction: An Overview; B. Recordation; C. Mortgages; D. Mortgage Markets and the Problem of Securitization; PART III. SERVITUDES; Chapter 8. Easements; A. Terminology; B. Creating Easements
C. Remedies: Property and Liability RulesD. Modifications: Terminating or Expanding the Scope of an Easement; E. Negative Easements; Chapter 9. Covenants; A. The Evolution of Covenants; B. Racially Restrictive Covenants; C. Subdivisions and Homeowners Associations; D. Terminating or Modifying Covenants; PART IV. LAND USE CONTROLS; Chapter 10. Nuisance; A. The Doctrine: An Overview; B. A Closer Look; C. Public Nuisance, and the Leading Edge of Nuisance Law; Chapter 11. Land Use Regulations; A. Historical Evolution; B. The Function of Zoning; C. The Mechanics of Zoning
D. Legal Limits of ZoningE. Affordable Housing and Impacts on the Poor; F. Cutting-Edge Topics; Chapter 12. The Takings Clause and Eminent Domain; A. The Public Use Doctrine; B. Justifications for Eminent Domain; C. Compensation; D. Legal Reforms; Chapter 13. Regulatory Takings; A. The Penn Central Test; B. The Per Se Takings Rules; C. Scholarly Accounts; D. Judicial Takings and the Public Trust; Table of Cases; Index
Summary
The Law of Property provides an incisive and clear summary of the doctrine and theory animating the law of private property. The book is organized around three main themes: acquiring property, dividing property, and limiting rights in property. Specific topics include, the law of capture, creation, adverse possession, estates and future interests, concurrent ownership, marital property, leaseholds, land transfers, recordation, easements, covenants, land use controls, and the Takings Clause, among others. The book synthesizes these diverse topics by highlighting the overarching themes that join them together. It is essential reading for any property student, and can be used in conjunction with any leading property casebook. The Second Edition features new cutting-edge property topics including a recent Supreme Court case interpreting the Takings Clause, and disputes around hydrofracking and short-term rentals (like Airbnb). It has been edited to account for changes to marital property following new constitutional law on same-sex marriage. It now includes references to the Sprankling & Coletta casebook, as well as updated citations to the most recent editions of the leading casebooks.
Note
Includes index.
Source of Description
Print version record.
Location
www
Available in Other Form
Linked Resources
Alternate Title
West Academic study aids.
Language
English
ISBN
9781634592994 (electronic book)
1634592999 (electronic book)
1634592999 (electronic book)
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