Cases and Text on Property

Front Cover
Andrew James Casner
Aspen Publishers, 2004 - Law - 1369 pages
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Cases and Text on Property, Fifth Edition, preserves the character of its esteemed predecessors with: introductory chapters that unveil the important historical perspective that infuses the book as the authors put contemporary property law in historical context. classic cases and absorbing text that match the high standard of quality established by the late Casner and Leach. problems that are seamlessly integrated with cases and notes. a broad scope of coverage that ranges from interests protected as property, to title transfers, landlord and tenant law, housing discrimination, and land-use regulation. When you examine this masterful revision, you'll notice many important changes: new author team - Professors French, Korngold, and VanderVelde are eminently qualified to guide this exceptional casebook into the 21st century. complete updating - Revised coverage includes new forms of property rights, such as computer-related intellectual property, and property issues that arise out of the latest developments in biotechnology. new cases and problems appear throughout the book. improved organization - discrete chapters on water, oil, gas, and air rights from previous editions are now folded into chapters that encompass those topics; and material on deeds, mortgages, and title insurance can now be found in the chapter on closings

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Contents

THE NATURE AND IMPORTANCE OF PROPERTY
1
B Wild Animals Natural Gas and Water
34
Finders Bailees and Treasure Hunters
76
Possessors
96
Acquisition of Property by Conquest Adverse
115
B Adverse Possession and Prescription of Interests in Land
125
Disability
147
Adverse Possession of Chattels and Preservation of Cultural
157
Equitable ConversionRisk of Loss
700
The Deed
714
The Mortgage
734
E The Recording System
744
When a Person Is a Purchaser
763
F Title Protection
771
Protection Against Discrimination in Housing
785
B Protection under the Civil Rights Act of 1866 and
793

Prescription Doctrines
181
Property Rights in Creative Works
191
B Property Rights in Writings Recordings and Product Designs
207
Cohen
241
Trademark and Tradedress
248
Patent Law Protection
261
PART II
265
OWNERSHIP INTERESTS IN PROPERTY
297
B The Statute of Uses
313
Estates in Land and Future Interests in
319
Providing for the Family
345
The Trust
372
LandlordTenant
403
Constructive
412
Paint
459
Duty Not to Discriminate in Leasing
467
iii Acceleration Clauses
519
iv Recovery Devices
525
Concurrent Estates and Marital Property
553
Creation
568
Rights of One Spouses Creditors to Reach Marital
583
PART III
625
B Donative Intent and Delivery When an Instrument
643
Joint Bank Accounts and Donative Intent
653
The Modern Real Estate Transaction
655
B Contract of Sale
680
b Marketable Title
693
Discrimination Against the Handicapped
800
Discrimination on the Basis of Familial Status
813
E Discrimination on the Basis of Marital Status and Sexual
822
LAND USE CONTROLS
839
Sic Utere Tuo Ut Alienum Non Laedas
841
Atlantic Cement Co
851
Spur Industries Inc v Del E Webb Development Co
858
One View of the Cathedral
864
State Department of Fish and Wildlife
879
Servitudes and Common Interest Communities
889
b Creation by Estoppel
903
ii Implied on the Basis of Necessity
911
Creation by Prescription
917
f Creating Easements for Third Parties
925
b Use of Easement for NonDominant Land
939
Modification and Termination of Easements and Profits
950
Eminent Domain
1065
Land Use Regulation and Its Constitutional Limits
1109
Damages as the Requested Remedy for a Taking
1160
The Structure of Zoning
1223
Exclusionary Zoning
1255
Hills Development Co v Township of Bernards
1273
Strict Euclidean Zoning Classifications
1287
So You Want to Build
1321
Table of Cases
1325
Table of Statutes
1335
Index
1339

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