Property 6E (The Emanuel Law Outlines Series)

Author: Steven L. Emanuel
Published: January 2003
Publisher: Wolters Kluwer Company, A
ISBN: 0735540101
Paperback Book
Number of Pages: 498

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Focusing on real property and tangible personal property, this supplemental text for law students reviews the origins of federal and state law, and outlines the current rules governing freehold estates, marital estates, landlords and tenants, easements, zoning, land sale contracts, and the title recording system. The sixth edition is keyed to Property, 5th ed. published by Aspen in 2002 and Cases and materials on property, 8th ed.

Table of Contents
Preface xxxix
Casebook Correlation Chart xli
Capsule Summary 1
Chapter 1 Introduction
I. "Property" Generally 1
II. Sources of Property Law 2
Chapter 2 Possession and Transfer of Personal Property
I. Rights of Possessors 3
II. Accession 10
III. Bona Fide Purchasers 11
IV. Bailments 12
V. Gifts 16
Quiz Yourself on Possession & Transfer of Personal Property 24
Chapter 3 Adverse Possession
I. Introduction 27
II. Physical Requirements 28
III. Mental Requirements 30
IV. Continuity of Possession 34
V. Length of Time Required 37
VI. Rights of Adverse Possessor 40
VII. Conflicts Between Possessors 43
Quiz Yourself on Adverse Possession 44
Exam Tips on Adverse Possession 45
Chapter 4 Freehold Estates
I. Introduction 49
II. Fee Simple 52
III. The Fee Tail 58
IV. Life Estates 60
Quiz Yourself on Freehold Estates 64
Exam Tips on Freehold Estates 65
Chapter 5 Future Interests
I. Introduction 69
II. The Possibility of Reverter and The Right of Entry 69
III. Reversions 71
IV. Remainders 72
V. The Rule in Shelley's Case 84
VI. Doctrine of Worthier Title 88
VII. The Statute of Uses and Executory Interests 90
VIII. Waste 98
IX. The Rule Against Perpetuities 101
X. Restraints Upon Alienation 108
Quiz Yourself on Future Interests 109
Exam Tips on Future Interests 114
Chapter 6 Marital Estates
I. The Common-Law System--Rights During Marriage 121
II. The Common-Law System--Effect of Divorce 122
III. The Common-Law System--Death of a Spouse 125
IV. Community Property 127
V. Domestic Partnerships, Same-Sex Marriages, and Other Variations on Traditional Marriage 131
VI. Homestead Exemptions 135
Quiz Yourself on Marital Estates 135
Chapter 7 Concurrent Ownership
I. Joint Tenancy 137
II. Tenancy in Common 143
III. Tenancy by the Entirety 145
IV. Relations Between Co-Tenants 148
V. Tax Consequences 153
Quiz Yourself on Concurrent Ownership 154
Exam Tips on Concurrent Ownership 156
Chapter 8 Landlord and Tenant
I. Introduction 159
II. The Various Tenancies and Their Creation 160
III. Tenant's Right of Possession and Enjoyment 166
IV. Condition of the Premises 174
V. Tort Liability of Landlord and Tenant 187
VI. Tenant's Duties 193
VII. Landlord's Remedies 196
VIII. Transfer and Sale by Lessor; Assignment and Subletting by Lessee 203
IX. Some Important Legislation 216
Quiz Yourself on Landlord and Tenant 219
Exam Tips on Landlord and Tenant 225
Chapter 9 Easements and Promises Concerning Land
I. Easements Generally 231
II. Creation of Easements 233
III. Scope of Easements 244
IV. Transfer and Subdivision of Easements 247
V. Termination of Easements 250
VI. Licenses 253
VII. Covenants Running with Land--Introduction 256
VIII. Covenants--Running of Burden and Benefit 258
IX. Equitable Servitudes 269
Quiz Yourself on Easements and Promises Concerning Land 288
Exam Tips on Easements and Promises Concerning Land 293
Chapter 10 Zoning and Other Public Land-Use Controls
I. The "Taking" Clause, and Land-Use Controls as Implicit Takings 303
II. Zoning--Generally 311
III. Legal Limits on Zoning 312
IV. Zoning--Administration 318
V. Exclusionary Zoning 329
VI. Regulation of Subdivision and Growth 339
VII. Historical and Environmental Preservation 341
VIII. Eminent Domain 347
Quiz Yourself on Zoning and Other Public Land-Use Controls 349
Exam Tips on Zoning and Other Public Land-Use Controls 351
Chapter 11 Land Sale Contracts, Mortgages and Deeds
I. Land Sale Contracts 355
II. Mortgages and Installment Contracts 374
III. Deeds 380
Quiz Yourself on Land-Sale Contracts, Mortgages and Deeds 398
Exam Tips on Land-Sale Contracts, Mortgages and Deeds 403
Chapter 12 The Recording System and Title Assurance
I. Common-Law Priorities 411
II. Recording Statutes 412
III. Title Registration (the Torrens System) 432
IV. Methods of Title Assurance 434
Quiz Yourself on The Recording System and Title Assurance 439
Exam Tips on the Recording System and Title Assurance 443
Chapter 13 Rights Incident to Land
I. Nuisance 447
II. Lateral and Subjacent Support 449
III. Water Rights (Including Drainage) 451
IV. Air Rights 455
Quiz Yourself on Rights Incident to Land 456
Exam Tips on Rights Incident to Land 458
Multistate-Style Exam Questions 461
Multistate-Style Exam Answers 471
Essay Exam Questions and Answers 481
Table of Cases 487
Subject Matter Index 491

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