Examples & Explanations for Property

Front Matter
	Editorial Advisors
	Title Page
	Copyright Page
	About Wolters Kluwer Legal & Regulatory U.S.
	Summary of Contents
	Contents
	Preface
	Acknowledgments
Part I. Possession, Personal Property, and Adverse Possession
	Chapter 1: The Law of Property
		Introduction
		Common Law Cases
		Case Analysis
	Chapter 2: Personal Property and First Possession
		Introduction and Definitions
		Possession, Relativity of Title, and First-in-Time
		Actual Possession and the Fox Case
		Constructive Possession
		Custom
		The Doctrine of Custom Giving the Public Access to Beaches and Other Lands
		Natural Resources and Other Concerns
		Water Law
			(a) Surface Water Courses
			(b) Groundwater
		Actionable Interference
		Misappropriation
	Chapter 3: Law of Finders and Prior Possessors
		Conversion, Replevin, and Trover
		Armory v. Delamirie
		Extensions of the Armory Rule—and a Right of Subrogation
		Lost Property, Mislaid Property, Abandoned Property, and Treasure Trove
		Other Considerations
		Instrumental View
		Legislation
	Chapter 4: Bailments
		Definitions
		Overview of Negligence and Strict Liability
		Specialized Bailment Issues
			(a) Pledges
			(b) Park-and-Lock Cases
			(c) Safe Deposit Boxes
		Misdelivery of Bailed Property
			(a) Strict Liability and Negligence
			(b) Burden of Proof
		When Bailed Property Is Lost or Damaged
	Chapter 5: Sales and Good Faith Purchasers
		Void Title, Voidable Title, and Bona Fide Purchasers
		The UCC and Bona Fide Purchasers
		Entrustment
	Chapter 6: Gifts
		Inter Vivos Gifts
			(a) Donative Intent
			(b) Delivery
			(c) Acceptance
		Gifts Causa Mortis
	Chapter 7: Fixtures
	Chapter 8: Adverse Possession
		Introduction
		Elements of Adverse Possession
			(a) Actual Possession
			(b) Open and Notorious Possession
			(c) Exclusive Possession
			(d) Hostile or Adverse Possession
				(1) The Majority or Objective View
				(2) The Minority, Bad-Faith, or Intentional Trespass View
				(3) Good-Faith View
			(e) Continuous Possession
		Privity and Tacking
		Disabilities and Tolling the Running of the Statute of Limitations
		Temporal and Physical Severance and Adverse Possession
		Personal Property and Adverse Possession
Part II. Common Law Estates and Interests in Real Property
	Chapter 9: Common Law Estates and Present Interests
		Some History
		Estates and Interests
		Estates: Fundamental Fragments of Time
		The Importance of Terms—and Some More Terms
			(a) Fee Simple Absolute
			(b) Life Estate
				(1) Attributes of a Life Estate
				(2) Marketability Problems
				(3) Conflicts Between the Life Tenant and the Remainderman
				(4) Life Estate or Fee Simple
			(c) Fee Tail and Fee Simple Conditional
			(d) Term of Years
		Waste
			(a) Voluntary, Permissive, and Ameliorating Waste
			(b) Open Mines Doctrine
			(c) Economic Waste
		Defeasible Fee Simple Estates
			(a) Fee Simple Determinable
			(b) Fee Simple Subject to a Condition Subsequent
			(c) Distinguishing a Fee Simple Determinable from a Fee Simple Subject to a Condition Subsequent from a Covenant
			(d) Fee Simple Subject to an Executory Limitation
		Classifying Estates in Fee Simple—a Flowchart
	Chapter 10: Future Interests
		Introduction
		Distinguishing Present Interests and Future Interests
		Future Interests Retained by the Grantor or Transferor
		Future Interests in Third-Parties
			(a) Remainders
			(b) Executory Interests
		Vested and Contingent Remainders
			(a) Ascertained Persons
			(b) No Condition Precedent
		Why We Distinguish Vested and Contingent Remainders
		Interpreting Transfers with Conditions Precedent and Conditions Subsequent
		Alternative Contingent Remainders
		Variations on Vested Remainders
			(a) Indefeasibly Vested Remainder
			(b) Vested Remainder Subject to Divestment
			(c) Vested Remainder Subject to Open
				(1) Class Closing Physiologically or Naturally
				(2) Class Closing by the Rule of Convenience
			Restatement (Third) of Property
	Chapter 11: Special Rules of Construction
		The Rule of Destructibility of Contingent Remainders
		The Merger Rule
		Forfeiture
		The Rule in Shelley’s Case
		The Doctrine of Worthier Title
	Chapter 12: The Rule Against Perpetuities
		Introduction
		Part I: The Rule Against Perpetuities Explained
		Preliminary Observations
			(a) Creation of the Interest
			(b) Vesting versus Possession
			(c) Rule Applies to Legal and Equitable Estates
			(d) Certain Contingent Remainders to Charitable Organizations
		An Analytical Approach
		Updated Versions of the Rule
		Part II: Application of the Rule Against Perpetuities to Specific Situations
		Interests Dependent on an Event
		Grantees Identified by Description Rather than Named
		Vested Remainders Subject to Open (Class Gifts)
		Intergenerational Family Transfers
		Effect of Class Closing Rules on Intergenerational Transfers
		Commercial Options
		Statutory Reforms of the Rule
			(a) The Wait-and-See Doctrine
			(b) The Uniform Statutory Rule Against Perpetuities
			(c) The Cy Pres Doctrine
			(d) The Rule and Trust Law
			(e) Generation-Based Perpetuity Period
	Chapter 13: Concurrent Ownership
		Tenancy in Common
		Joint Tenancy with Right of Survivorship
		Severance
			(a) Leases
			(b) Mortgages
			(c) Judgment Liens
			(d) Unilateral and Secret Severances
		Distinguishing Joint Tenancies from Tenancies in Common
		Tenancy by the Entirety
		Rights and Obligations Between Co-Tenants
			(a) Possession, Ouster, and Payment of Rent
			(b) Contribution
				(1) Taxes, Interest, and Insurance
				(2) Mortgage Principal
				(3) Repairs and Maintenance
				(4) Improvements
			(c) An Accounting
			(d) Final Settlement on Sale
			(e) Tax Sales and Foreclosure Sales
			(f) Adverse Possession
		Partition
			(a) Partition in Kind
			(b) Partition by Sale
	Chapter 14: Marital Property
		Common Law Dower
		Dower Reform
		The Elements of Dower
		Dower and Adverse Possession
		Dower and Waste
		Release of Dower
		Barring Dower
		Forcing an Election
		Curtesy
		The Modern Elective Share
		Calculating the Amount of the Elective Share
		Homestead Exemptions
		Separate, Marital, and Community Property
		Ante-Nuptial Agreements
		Putative Spouses
Part III. The Law of Landlord and Tenant
	Chapter 15: The Landlord and Tenant Relationship
		Types of Leases
			(a) Term of Years
			(b) Periodic Tenancy
			(c) Tenancy at Will
			(d) Tenancy at Sufferance
				(1) Holdover as Trespasser
				(2) Holdover as Renewing Lease
				(3) Holdover in Other Situations
		The Landlord’s Duty to Deliver Possession
	Chapter 16: Transfers of the Lease
		Privity of Contract and Privity of Estate
		Assignments and Subleases
		The Traditional Rule
		Rule of Intent
		The Effect of Tenant Transfers on Privity
		Real Covenants
		Landlord’s Consent to a Sublease or Assignment
		Landlord Consent Provisions
		The Rule of Dumpor’s Case
		Transfers of the Landlord’s Interest
	Chapter 17: Waste, Duty to Repair, Destruction of Leased Premises, and Security Deposits
		Waste
		Remedies and Damages for Waste
		Fixtures
		The Duty to Repair
		The Destruction of the Premises
			(a) Termination of the Lease
			(b) Duty to Rebuild
		Security Deposits
	Chapter 18: Termination and Abandonment of the Lease
		Landlord’s Eviction of Tenant in Default
		Self-Help
		Ejectment
		Summary Possession Statutes
		Tenant’s Abandonment and Surrender
		Surrender
		Abandonment
			(a) Lease Continues—Landlord Does Nothing
			(b) Landlord Relets on Tenant’s Behalf
			(c) Landlord Treats Abandonment as Surrender
			(d) Abandonment as Anticipatory Repudiation
	Chapter 19: Achieving Habitable Premises
		Evictions—Actual and Otherwise
			(a) Actual Eviction
			(b) Partial Actual Eviction
			(c) Constructive Eviction
			(d) Partial Constructive Eviction
			(e) The Covenant of Quiet Enjoyment
			(f) The Tenant’s Dilemma
		The Implied Warranty of Habitability
			(a) Basis for the Warranty of Habitability
			(b) A Breach of the Warranty
			(c) Commercial Tenants and the Warranty of Suitability
			(d) Enforcement Remedies
			(e) Damages
			(f) Withholding Rent
			(g) Summary
		Retaliatory Eviction as a Tenant’s Defense to Eviction
			(a) Modifications to the Retaliatory Eviction Defense
		Illegal and Frustrated Leases
			(a) The Illegal Lease
			(b) Frustration of Purpose
	Chapter 20: Premises Liability of Landlords
		Premises Liability
			(a) Landlord Liable for Injuries in Specific Situations
				(1) Latent Defects
				(2) Prior Conditions Dangerous to Persons Off Premises
				(3) Leases for Public Use
				(4) Negligence in Maintaining Common Areas
				(5) Landlord Contracts to Repair Leased Premises
				(6) Negligent Repairs
			(b) Landlord Liable Under Negligence Standard
			(c) Landlord Strictly Liable
		Landlord Liability for Criminal Acts
		Exculpatory Clauses
Part IV. Transfers of Land
	Chapter 21: The Sales Contract
		Introduction
		Closing
		Real Estate Brokers and Agents
		Broker as Seller’s Agent
		Broker’s Duty to Disclose Latent Defects to Prospective Purchasers
		The Statute of Frauds
		Part Performance and Other Exceptions
			(a) Part Performance
			(b) Equitable Estoppel
			(c) Admission of a Contract in Court
	Chapter 22: Executory Period Issues
		Introduction
		Marketable Title
			(a) Definition of Marketable Title
			(b) Examples of Unmarketable Title
			(c) Defective Deed Records
			(d) Violations of Covenants, Ordinances, Regulations, or Other Laws
			(e) Adverse Possession
			(f) Landlocked Property
		Caveat Emptor and the Duty to Disclose Defects
			(a) Caveat Emptor
			(b) The Duty to Disclose Material Latent Defects
		Time for Performance
		Remedies for Breach of Sales Contract
		Equitable Conversion and Risk of Loss
	Chapter 23: Real Estate Closings
		The Closing or Settlement Process
		Delivery
		Specialized Delivery Problems
			(a) Escrow Transfers
			(b) Donative and Testamentary Transfers
		Mortgages
			(a) Mechanics of Mortgages
			(b) Title Theory and Lien Theory
			(c) Deed of Trust
			(d) Installment Land Sale Contract (Contract for Deed)
			(e) Debt Satisfaction and Assumptions
			(f) Foreclosure
	Chapter 24: Post-Closing Title Assurances
		Merger Doctrine
		Types of Deeds
		Deed Covenants
		Present Covenants
			(a) Seisin
			(b) Right to Convey
			(c) Covenant Against Encumbrances
		Future Covenants
			(a) Warranty
			(b) Quiet Enjoyment
			(c) Further Assurances
		Damages
		Attorney’s Fees
		Remote Grantees
		Implied Warranty of Quality
		After Acquired Title (Estoppel by Deed)
	Chapter 25: Recording Systems, Marketable Title Acts, and Title Insurance
		Introduction
		Searching a Chain of Title Using the Grantee Index
		Searching a Chain of Title Using the Grantor Index
		Searching a Tract Index
		Types of Recording Acts
		Race Statutes
		Notice Statutes
			(a) Actual Notice
			(b) Constructive Notice
			(c) Inquiry Notice
		Race-Notice Statute
		Subsequent Purchasers for Value
		Chain of Title Problems
			(a) Restrictions and Easements on Retained Property Not in the Retained Property’s Chain of Title
			(b) The Wild Deed
			(c) Documents Recorded Out of Chronological Order
			(d) Uncertainty Whether Prior Subsequent Purchasers Had Notice
			(e) The Shelter Rule
		Marketable Title Acts
		Title Insurance
			(a) Informational Use
			(b) Lender’s Policy and Owner’s Policy
			(c) No Assignment or Running of Benefits
			(d) Insurer’s Duty to Disclose Excepted Defects
			(e) Damages
			(f) Other Benefits of Title Insurance
Part V. Private Land Use Controls
	Chapter 26: Private Nuisance
		Introduction
		Intentional and Unintentional Interferences
		Substantial Interference
		Unreasonable Interference
		Injunctions and Damages
		Light and Air
		Lateral Support and Subjacent Support
	Chapter 27: Creation of Easements
		Introduction
		Terminology
		Other Nonpossessory Interests
		Easements Expressly Granted or Reserved
		Easements by Estoppel and Irrevocable Licenses
		Implied Easements
		Easements Implied from Prior Use
		Easements Implied by Necessity
		Prescriptive Easements
	Chapter 28: Assignability, Scope, and Termination of Easements
		Assignability of Easements
		Divisibility and Apportionment
			(a) Easements Appurtenant
			(b) Easements in Gross
		Scope of Easements
			(a) Location
			(b) Intensity of Use
			(c) No Benefit Allowed to Nondominant Property
			(d) Improvements, Maintenance, and Repair
		Termination of Easements
	Chapter 29: Real Covenants and Equitable Servitudes: Running with the Land
		Introduction
		Terminology
		Identifying Real Covenants and Equitable Servitudes
		Intent to Bind and Benefit Successors
		Touch and Concern
			(a) Burdens That Touch and Concern Land (or Don’t)
			(b) Benefits That Touch and Concern Land (or Don’t)
		Real Covenants and Privity of Estate
			(a) Terminology
				(1) Original Promisee
				(2) Original Promisor
				(3) Subsequent Owners
				(4) Horizontal Privity
				(5) Vertical Privity
			(b) Horizontal Privity
			(c) Vertical Privity
		Equitable Servitudes and Notice
		The Restatement (Third) of Property (Servitudes)
	Chapter 30: Real Covenants and Equitable Servitudes: Common Schemes and Termination
		The Common Scheme and Subdivisions
		The Common Scheme and Standing to Enforce a Servitude
		The Common Scheme and Notice for Recording Acts and Equitable Servitudes
		The Common Scheme and the Statute of Frauds
		What Constitutes a Common Scheme
			(a) Common Covenants
			(b) When a Common Scheme Begins
			(c) Geographic Boundaries of Common Schemes
		The Restatement (Third) of Property (Servitudes)
		Termination of Covenants and Servitudes
Part VI. Public Land Use Controls
	Chapter 31: Constitutional and Statutory Constraints on Zoning
		Introduction
		An Introduction to Constitutional Law
		The Standard State Zoning Enabling Act
		Enacting a Zoning Ordinance
		Cumulative and Noncumulative Zoning
		The Constitutional Law in Euclid
		Unconstitutional On Its Face and As Applied
		Nonconforming Uses
		Amortization
	Chapter 32: Variances, Special Exceptions, and Zoning Amendments
		Variances
		Special Exceptions
		Judicial Review of Variances and Special Exceptions
		Amending the Zoning Ordinance
		The Problem of Spot Zoning
		Initiative and Referendum
		Contract and Conditional Zoning
		Floating Zones, Cluster Zones, and PUDs
	Chapter 33: Zoning Extended and Challenged
		Household Composition and Single-Family Residences
			(a) Village of Belle Terre v. Boraas
			(b) Moore v. City of East Cleveland
			(c) Fair Housing Act and Group Homes
		Exclusionary Zoning
		Aesthetic Regulation
			(a) Signs and Billboards
			(b) Architectural Controls
			(c) Historic Districts
			(d) Landmarks
		Two Federally Favored Land Uses
			(a) Religious Uses
			(b) Wireless Communication Facilities
		Adult Entertainment
	Chapter 34: Takings
		Conventional Condemnation
			(a) Public Use
			(b) Just Compensation
		Inverse Condemnation
		Regulatory Takings—The Penn Central Ad Hoc Factors
			(a) Character of the Government Action
			(b) The Economic Impact of the Regulation
			(c) Investment-Backed Expectations
		Categorical or Per Se Regulatory Takings
			(a) Physical Invasions
			(b) No Economically Beneficial Use
		Conceptual Severance
			(a) Severing or Merging the Land Surface
			(b) Airspace, Surface, and Mineral Rights as Separate Interests
			(c) Temporal Severance
				(1) Permanent Takings
				(2) Temporary Takings
		Judicial Takings
		Exactions
			(a) The Essential Nexus
			(b) Rough Proportionality
		Remedies and Just Compensation
Index