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Author: Jesse Dukeminier
Published: January 2002
Publisher: Aspen Publishers, Inc.
ISBN: 0735524378
Hardcover Book
Number of Pages: 1269

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Property

This pathbreaking casebook retains the qualities that have earned it such a loyal following —— excellent organization, stimulating text, distinctive sense of humor and human interest, and adaptability to a wide range of courses —— while it incorporates the latest developments in the field.Property, Fourth Edition, once again offers comprehensive coverage of the full range of property issues, including outstanding treatments of two of the most difficult topics: Estates and Future Interests Ñ A combination of text, problems, and carefully—chosen leading cases keeps this discussion both readable and interesting. Servitudes —— This clear explication is based on historical development up to the present with full treatment of the Restatement, Third, of Servitude.Fully updated PROPERTY includes timely material on: developments in fair housing property rights of same—sex couples trends in common interest developments zoning; a rewritten chapter now emphasizes planning goalsProperty, Fourth Edition, takes an exciting and contemporary approach to this essential subject. From the introductory chapter on what can be considered property and why we have private property to the concluding examination of eminent domain and the problem of regulatory takings, Dukeminier and Krier supply clear explanations, lucid analyses, and compelling illustrations to bring students to a deep and meaningful understanding of the law.Known for its excellent case selection, Property gives instructors the flexibility to tailor use to individual course needs and teaching methods. The thoroughly revised Teacher's Manual —— longregarded as one of the best in any subject Ñ answers every problem and analyzes every case in the book.

Table of Contents
List of Illustrations
Preface to the Fifth Edition
From the Preface to the First Edition
Acknowledgments
Pt. I An Introduction to Some Fundamentals 1
Ch. 1 First Possession: Acquisition of Property by Discovery, Capture, and Creation 3
Ch. 2 Subsequent Possession: Acquisition of Property by Find, Adverse Possession, and Gift 107
Pt. II The System of Estates (Leaseholds Aside) 195
The Nature of the Judicial Process 196
Ch. 3 Possessory Estates 197
Ch. 4 Future Interests 269
Ch. 5 Co-ownership and Marital Interests 339
Pt. III Leaseholds: The Law of Landlord and Tenant 443
Ch. 6 Tradition, Tension, and Change in Landlord-Tenant Law 445
Pt. IV Transfers of Land 557
Ch. 7 The Land Transaction 559
Ch. 8 Title Assurance 661
Pt. V Land Use Controls 745
Ch. 9 Judicial Land Use Controls: The Law of Nuisance 747
Ch. 10 Private Land Use Controls: The Law of Servitudes 781
Ch. 11 Legislative Land Use Controls: The Law of Zoning 951
Ch. 12 Eminent Domain and the Problem of Regulatory Takings 1093
Table of Cases 1239
Author Index 1249
Subject Index 1255

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