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- •Contents
- •Exclusion and the Bundle of Rights
- •The Thing’s the Thing
- •General Justifications, General Concerns
- •Further Reading
- •First Possession
- •Discovery and Creation
- •Accession
- •Adverse Possession
- •Sequential Possession, Finders, and the Relativity of Title
- •The Mosaic of Acquisition Principles
- •Further Reading
- •The Demsetz Theory
- •Personhood
- •Inherently Public Property
- •Hybrid Resources
- •Further Reading
- •Laws for Owner Protection
- •Self-Help
- •Exceptions to the Right to Exclude
- •Necessity
- •Custom
- •Public Accommodation Laws
- •Antidiscrimination Laws
- •Owner Powers
- •Licenses
- •Bailments
- •Abandonment and Destruction
- •Transfer by Sale, Gift, and Inheritance
- •Further Reading
- •Estates and Future Interests
- •How the System Works
- •Co-Ownership
- •Marital Interests
- •Further Reading
- •Why Separate Management Authority from Other Incidents of Ownership?
- •Leasing
- •Property and Contract
- •Models of the Lease Contract
- •Implied Warranty of Habitability
- •Transferring Leasehold Interests
- •Common Interest Communities
- •Trusts
- •Further Reading
- •Land Sale Contracts
- •Title Records
- •Mortgages
- •Further Reading
- •The Coase Theorem
- •Tort Liability: Nuisance
- •Modification of Property Rights: Easements
- •Contract: Covenants Running with the Land
- •Public Regulation: Zoning
- •Further Reading
- •The General Form of the Problem
- •Sources of Forbearance
- •The Rule of Law
- •Procedural Due Process
- •Vested Rights
- •Stare Decisis
- •Waivers of Sovereign Immunity
- •Explicit Takings
- •Public Use
- •Just Compensation
- •Regulatory Takings
- •Further Reading
- •Index
Index
Abandonment, 65 rules of, 89–91
Accession, principle of, 30–33, 39 transformation of object,
degree of, 30 Accretion, 32
Ad coelum doctrine, 31–32, 57–58 Administrative Procedure
Act, 239
Adrian v. Rabinowitz, 134
Adverse possession, 34–38, 69, 78, 174, 204
Continuity requirement, 35 Disabilities rules, 36 Tacking, 35, 36
Affi rmative easements, 200, 205–6
Affi rmative waste, 106
Alexander v. Boyer, 116
Allen v. Hyatt Regency–Nashville Hotel, 88
Ameliorative waste, 107 Americans with Disabilities Act, 84 Animal rights, 23
Animal waste, property rights in, 48 Anticommons, 15 Antidiscrimination laws, 7, 81–84,
223 Antitrust laws, 15
Appurtenant. See Zoning
Armory v. Delamirie, 39 Asportation, 68
Assignment, tenant transfer, 145
Attorney General v. Desilets, 84 Auto repossession, 71
Bad faith, 31, 35
Bailments, 65, 87–89, 129–30 Bankruptcy Code, 180 Beach access, issues of, 78 Bijnkershoek, 19
Blackstone, William, 4–5, 8, 77
BMW of N. Am., Inc. v. Gore, 69 Board of Regents v. Roth, 235 Body parts, property interest in,
53–55
Bolotin v. Rindge, 215
Boomer v. Atlantic Cement Co., 196–98
Bracton, 19 Brandeis, Justice, 28 Brennan, Justice, 255
Brokaw v. Fairchild, 107 Bundle of rights, 4–9, 66, 74
Capture
fox hunting, 18–20 and principle of
accession, 31 reasonable prospect, 19 rule of, 18–19
Caveat lessee, rule of, 139
Centene Plaza Redev. Corp v. Mint Properties , 248
259
260index
Central Delaware County Auth. v. Greyhound Corp., 113
Chain of title, 167–68, 170 Changed circumstances
doctrine, 214
Charles River Bridge v. Warren Bridge, 224–26
Cheney Bros. v. Doris Silk Corp., 30 China, property rights in, 231–33 Civil Rights Act of 1866, 83
Civil rights statutes, 79 Close-knit living arrangement, 83 Coase, R. H., 44
theorem, 185–92
Commerce Clause of the Federal Constitution, 56, 240
Common interest communities, 146–53
advantages of a division of managerial authority, 150, 153
constraints, 148–49 cooperative corporation, 147 covenants, conditions, and
restrictions (CCRs), 147–49 examples, 146–47 homeowners’ association
(HOA), 148–49 legal forms in, 147
percentage of residential property in, 150
tax advantages, 150–51 Common property, 4, 119–20 “Common right” of mankind, 47 Communist systems, 16 Community property, 119–20 Comprehensive plan. See Zoning Conditional deliveries, 166 Conditional gifts, 92 Conservation of estates, 105–7 Constructive eviction,
doctrine of, 137–38 Contingent remainders, 100 Contract, 8
contract formation, criteria for, 108
contract modification, of use of property, 13
defi ned, 1
relation with license, 85–86 rights, 8–9
for use and control of resources, 12–13
Contract claims, waiver for, 240 Contract Clause, 240 Conversion, 36, 39, 70, 73, 88 Co-ownership, 113–18 Copyrights, 3, 27, 62 Corporations, 124
Corpus. See Trust res (corpus) Co-tenants, 114–15, 123
County of Wayne v. Hathcock, 241 Covenant of quiet enjoyment, 136 Covenants, 7, 82, 87, 135–38, 163,
207–15
Covenants, conditions, and restrictions (CCRs), 147–49
Creation principle, 27–29 Criminal law of theft offenses, 68 Criminal law protection, of real
property, 66–67
Criminal trespass statutes, 66–67 Cultural objects, commercial
transaction prohibitions of, 55 Cultural patrimony, 55 Cumulative zoning, 216
Curtesy, 119
Custom and owner’s property rights, 22–23, 28, 32, 40, 76–78, 90
Cy pres doctrine, 157
Dead Hand Control, 110 Decedent’s disposition of
property, 93 Decentralization, in the management of resources, 12, 21
Deed of trust, 179 Defeasible fees, 92, 101–2
|
index 261 |
Democracy, role in fostering |
Equitable estoppel doctrine, 205 |
forbearance, 230–33 |
Equitable servitude test. See |
Demsetz, Harold, 43 |
Servitude |
Demsetz theory, 43–50, 90 |
Estate in tail, 103 |
“Designer kitchen” phenomenon, 152 |
Estates and future interests, |
Destroy, right to, 90–91 |
system of, 95 |
Digital rights management (DRM), 73 |
common law system of temporal |
Discovery, principle of, 23–29 |
classifications, 97 |
Dispersed property ownership, 13 |
conservation of estates, 105–7 |
Divisions of property rights, 123 |
customization of property, |
co-ownership, 113–18 |
harm in, 108–9 |
estates and future interests, |
dead hand control, 110–11 |
95–113 |
defeasible fees, 101–2 |
married co-ownership, 118–22 |
fee simple absolute, 99–100 |
Divorce, division of property, 119–22 |
fee simple subject to a condition |
Doctrines of first sale, in copyright |
subsequent, 102 |
and patent laws, 87 |
fee simple subject to an |
Domain of property |
executory limitation, 103 |
Demsetz theory, 43–50 |
fee tail, 103 |
hybrid resources, 59–63 |
freehold interests, 98 |
personhood perspective, 51–55 |
full (absolute) ownership, 97–99 |
state of inherently public, 55–59 |
law of waste, 106–7 |
Dominant estate, 200 |
of life estate, 100 |
Dower, 119 |
numerus clausus, 108–9 |
Due Process Clauses of the Fifth |
present possessory interest vs |
and Fourteenth Amendments |
future possessory interest, |
to the U.S. Constitution, 73, |
97–102, 107 |
233–34, 238 |
remainders, 100–101 |
Dumping activity, 43–44 |
restraints on alienation, 109–10 |
Duties of public accommodations, 79 |
reversion, 100–101 |
|
Rule Against Perpetuities (RAP), |
|
110–13 |
Eagle Enterprises v. Gross, 213 |
third party costs, 109 |
Easements, 7, 198, 200–207 |
wait-and-see reform |
appurtenant, 200, 202 |
statutes, 112 |
by implication, 203 |
Euclidean zoning, 216–17, |
by necessity, 204 |
219–20 |
in gross, 201 |
Exclusion strategy, 6–7, 10, 45, 49, |
negative easement, 200 |
57, 59, 61–63, 73–74, 125, 183, |
Ejectment, 70 |
188, 195, 257 |
Enforcement, of property, 48–50 |
Exclusionary Zoning, 220–21 |
English Civil War, 98 |
Exclusion, right to, 4–9, 65, 69. |
Entertainment venues, 85 |
See also Owner’s right |
Environmental laws, 215 |
to exclude |
Equitable conversion, 161–62 |
Executory interest, 103–4 |
262 index
Explicit takings of property, by |
Foreclosure sale, 177–78 |
government |
Fourteenth Amendment, 82 |
just compensation, 248–51 |
Freehold interests, 98 |
provisions of state |
Fuentes v. Shevin, 73 |
constitutions, 241 |
Full ownership, 97 |
public use limitation, 241–48 |
Fundamental nature of |
Externalities, 14, 43–44, 183 |
property, in relation |
Exxon Shipping Co. v. Baker, 69 |
to contract and tort, 1 |
Eyerman v. Mercantile Trust Co., 90 |
“Fungible” property, 51 |
|
Future covenants, 163 |
|
Future possessory interest, 97–102 |
Faber v. Creswick, 139 |
|
Fair Housing Act (FHA) (1968), |
|
82–83 |
Garner v. Gerrish, 108, 130 |
Mrs. Murphy exception, 82–83 |
Gastineau v. Gastineau, 121 |
Fair-market-value |
“Gatekeeper” right, 7, 65, 69 |
standard, 249–50 |
owner powers, 84–93 |
Family wealth, transmission of, |
trespass law, 70–84 |
128–29 |
General warranty deed, 162 |
FCC v. NextWave Pers. Commc’ns |
Ghen v. Rich, 77 |
Inc., 180 |
Gifts, 92 |
Federal Commerce Clause, 62 |
Gifts causa mortis, 93, 115, 166 |
Federal Communications |
Goldberg v. Kelly, 235 |
Commission (FCC), 180 |
Good faith purchasers for value |
Federal landholdings. See Federal |
(GFPVs), 37, 89, 169–73 |
public domain |
Goss v. Lopez, 236 |
Federal public domain, 57 |
Government forbearance, 235 |
Fee simple absolute, 99–100 |
Governance strategy, 6–7, 65, 151, |
Fee simple subject to a condition |
213, 257 |
subsequent, 102 |
Government policy, toward |
Fee simple subject to an executory |
property |
limitation, 103 |
compulsory acquisitions, 241–51 |
Fee tail, 103 |
infl uence of democratic politics |
Feudalism, 98 |
and social norms, 230–33 |
Fiduciary duties of trustees, 156 |
issues with forbearance |
First English Evangelical Lutheran |
requirements, 224–29 |
Church v. County of |
regulatory takings doctrine, |
Los Angeles, 240 |
251–58 |
First possession, 18–23, 76 |
risks associated with government |
Fixtures, law of, 32 |
actions, 224–29 |
Fontainebleau Hotel Corp. v. Forty-Five |
rule of law, 233–41 |
Twenty-Five, Inc., 205 |
sources of forbearance, 229–33 |
Forcible entry and detainer |
GPS systems, 165 |
(FED), 72 |
Grantee index, 167 |
|
index 263 |
Grantor index, 168 |
INS v. AP. See International News |
Gray, John Chipman, 110 |
Service v. Associated Press |
Ground rent, 130 |
In re Estate of Anderson, 112 |
|
In personam rights, 9, 54 |
|
In rem rights, 8–10, 33, 54 |
Hadacheck v. Sebastian, 217 |
Institution of property |
Hannan v. Dusch, 134 |
concerns, 14–16 |
Harms v. Sprague, 116 |
justifi cations, 11–14 |
Haslem v. Lockwood, 48 |
Intangible resources, rights in, 3 |
Hawaii Hous. Auth. v. Midkiff, 242 |
Intel Corp. v. Hamidi, 70–71 |
Head v. Amoskeag Mfg. Co., 246 |
Intellectual property rights, 3, 29, |
Hecht v. Superior Court, 54 |
61–63 |
Hegel, G. W. F., 51 |
Intentional nuisance, 194 |
Heirs, 99 |
Intentional trespass, 193 |
Historic preservation laws, 91 |
Internalizing externalities, 43–45, |
Holmgren v. Little Village Community |
47, 61 |
Reporter, 83 |
International News Service v. |
Homeowners’ association (HOA), |
Associated Press, 27–28 |
148–49 |
Intestate succession, 92 |
Housing codes, 139 |
IP license, 87 |
Human slavery, 52 |
“Irrelevant” externality, 44 |
Hunting, 23 |
Irrevocable licenses, 85 |
Hurst v. Picture Theatres, Ltd., 86 |
|
|
Jablonski v. Clemons, 140 |
Illinois Central R. Co. v. Illinois, 56 |
Jacque v. Steenberg |
Implied warranty of habitability |
Homes, Inc., 68–69 |
(IWH), 138–43, 149, 164 |
Javins v. First Nat’l Realty |
In kind partition, 117 |
Corp., 139 |
Incentives, 12, 20–21, 45 |
Johnson v. M’Intosh, 24–26 |
Individual autonomy, 13 |
Johnson v. Whiton, 108 |
Individual tradeable quotas (ITQs), |
Joint tenancy, 115–17 |
47–49 |
unities of interest, possession, |
Information dissemination, 58 |
time and title, 114–15 |
Information goods, background |
Judicial foreclosure sale, 178 |
rule for, 61–62 |
Justifi cations, for institution of |
Informational externality, 87 |
property, 11–14 |
Information-related goods, |
Justinian’s Institutes of the Roman |
intellectual property rights, 29 |
Empire, 19 |
Informed consent, 53–54 |
|
Ingalls v. Hobbs, 139 |
|
Inherently public property, 55–59 |
Keeble v. Hickeringill, 23 |
Injunctions, 70, 75, 192, 196–200, |
Kendall v. Ernest Pestana, Inc., 145 |
209–210 |
Kelo v. New London, 243–48 |
264index
Kennedy, Justice, 244
Kotis v. Nowlin Jewelry, Inc., 172
Land ownership. See Estates and future interests, system of
Land records, in the United States, 166–67
Land sale contracts, 159–66 allocation of risks, 161–62 in case of death, 162 conditional deliveries, 166 covenants in deeds, 163–64 equitable conversion, 161–62
exceptions in doctrine of merger, 162–63
executory period, 160 importance of surveys and land
recording system, 165–66 insurance and inheritance, 162 number of express and implied
promises in, 161 post-closing liabilities, 164 process under the Statute of
Frauds, 160, 164
relation of the seller and the buyer, 161–62
Landgraf v. USI Film Products, 238 Landlord-Tenant law, See Leasing Law of Things, 8
Law of trespass, 68 Leasing
absent agreement, 132 assignment, 145
as a bundle of rights, 135–36 constructive eviction, doctrine of,
137–38
contractual aspect, 131–35 coverage of, 130–31
diff erences with common interest communities, 148
English rule vs American rule, 134 essence of, 129
implied warranty of habitability, 138–43
as independent covenants, 136 law of waste, 133
models of, 135–38 modern contract law, 137 reforms, 239
relationship between lessor and lessee, 67, 71–73, 129–30
residual claimant arrangement, 132
reversion in, 133
rule of caveat lessee, 139 sublease, 145–46 surrender doctrine, 136 tenancy at stufferance, 131 tenancy at will, 131 tenant’s incentives, 133
transfer of leasehold interests, 143–46
transfer of possession of the resource, 131–35
transitional model, 136–37 types of, 131
vs bailment and life estate, 129–30
Legal Realist movement, 5–6 Liberty, preservation of, 13 Licenses, 85–87, 201
Life estate, 100, 130
Life estate per autre vie, 100 Limited-access commons, 21
Lingle v. Chevron U.S.A. Inc., 251 Livingston, Justice, 20
Locke, John, 11, 28
Loretto v. Teleprompter Manhattan CATV Corp., 255
Lost property, 39 Louisiana Purchase, 57
Lucas v. Hamm, 112
Lucas v. South Carolina Coastal Council, 217, 256
Marbury v. Madison, 237 Marital property, law of, 118–19
|
index 265 |
Marketable title, 161 |
Native American tribes, property |
Married co-ownership, 118–22 |
concepts, 24–25 |
issues in asset division following |
Natural flow theory, 60 |
divorce, 120–22 |
Navigable rivers, 58–59 |
Married couples, tenancy mode for, |
Navigation servitude, public rights |
115–16 |
in, 32, 56, 58 |
Married Women’s Property Acts, |
Necessity, usage of property out of, |
118–19 |
75–76 |
Marrone v. Washington Jockey Club of |
Negative externalities, 14, 43–44 |
the District of Columbia, 86 |
Negative value product, 48 |
Marshall, Chief Justice, 24 |
Neighborhood effects |
Marvin v. Marvin, 121 |
Coase theorem, 185–92 |
Mathews v. Eldridge, 236 |
contractual aspects, 207–15 |
Matthews v. Bay Head Improvement |
easements, 200–207 |
Assn., 78 |
forms, 183–84 |
McConico v. Singleton, 77 |
regulatory laws, 215–21 |
McKee v. Gratz, 77 |
tort liability (nuisance), |
Mechanic’s liens, 173 |
192–200 |
Medieval grazing commons, 21–22 |
Nemo dat quod non |
Michelman, Frank, 252 |
habet, 24, 168–71 |
Mining Act (1872), 26 |
Network eff ects, 58 |
Mining law and principle of |
Newman v. Sathyavaglswaran, 54 |
discovery, 26–27 |
New Property, 235 |
Mislaid property, 39 |
News organizations, competing, |
Monopoly, 14–15 |
issues of copyright, 27–28 |
Monopsony, 26 |
Nonconsensual acquisitions, 34 |
Moore v. Regents of |
Norman Conquest, 98 |
California, 53–54 |
Norwood v. Horney, 248 |
Moral limitations, of |
Notice, 20–21, 164 |
ownership, 10 |
Nuisance, 8, 32, 70, 192–200 |
Mortgages, theory of, 116–17, |
live-and-let-live approach, 76 |
176–81 |
Trifl ing inconveniences, 194 |
Murphy v. Fin. Dev. Corp., 178 |
Numerus clausus principle, 108–9, |
|
146, 162, 175, 180 |
N. Am. Cold Storage Co. v. Chicago, |
|
236 |
Objects of ownership, |
Nahrstedt v. Lakeside Vill. Condo. |
limitations, 10 |
Ass’n, Inc., 151 |
O’Brien v. O’Brien, 120 |
National Bellas Hess v. Kalis, 108 |
O’Connor, Justice, 244 |
National Environmental Policy Act |
Open mines doctrine, 107 |
(NEPA), 215 |
Open-access commons, 21, 29, 45, |
Native American Graves Protection |
47, 58–59 |
and Repatriation Act |
Open-access fishery, 21 |
(NAGPRA), 55 |
Option contracts, 113 |
266 index
Original acquisition, modes of |
Penn Central Transportation Co. v. |
adverse possession, 34–38 |
New York, 254–55 |
analogies in, 40 |
Pennsylvania Coal Co. v. Mahon, |
fi rst possession, 18–23 |
254–55 |
principle of accession, 30–33 |
Periodic tenancy, 131 |
principle of discovery and |
Permissive waste, 106 |
creation, 23–29 |
Permitting schemes, 49 |
sequential possession, 38–40 |
Personal communications service |
Origins of property, theory, 17 |
(PCS), 180 |
Ouster, 114 |
Personal property, 36, 72, 89, 166 |
Overconsumption of the |
protection of, 68 |
resource, 46 |
Personhood property, 51–55 |
Owner powers |
Pierson v. Post, 18–23, 31, 40 |
abandonment and destruction, |
Planned unit development (PUD), |
89–91 |
219–20 |
bailments, 87–89 |
Plenteous resources, 50 |
creating ownership rights in |
Ploof v. Putnam, 75 |
another, 91–93 |
Pocono Springs Civic Ass’n, Inc. v. |
license law, 85–87 |
MacKenzie, 90 |
Owner protection, laws for, 66–71 |
Poletown Neighborhood Council v. City |
Owner sovereignty, 67, 183 |
of Detroit, 241 |
Owner-object relations, 15 |
Positive externalities, 44 |
Owner’s right to exclude |
Possession, 1, 25, 35, 68–70, 84, |
antidiscrimination laws, |
87–89, 100, 113–15, 123, |
81–84 |
129–36, 154, 193 |
custom, 76–78 |
co-ownership, 113–18 |
law of public accommodations, |
Possession, first, 18–23, 76 |
79–81 |
Possibility of reverter, 102 |
necessity, 75–76 |
Power of termination, 102 |
Ownership of wild animals, |
Prah v. Marreti, 206 |
18–19 |
Presault v. United States, 90 |
and principle of accession, 31 |
Prescription, 204–5 |
|
Present covenants, 163 |
|
Present possessory interest, 97–102 |
Paradine v. Jane, 136 |
Prior appropriation system. See |
Parent-child relation, 52 |
Water rights |
Partial restraints on alienation, |
Private nuisance, 192–93 |
91–92 |
Privileges (or liberties), 7 |
Partition, 117 |
“Privity of estate”, 145, 211–12 |
Patents, 3, 62 |
Procedural due process, 233–36 |
Payne v. Tennessee, 238 |
Products liability law, 139 |
Penn Bowling Recreation Ctr., Inc. v. |
Property |
Hot Shoppes, Inc., 207 |
as an institution, 2–4 |
|
index 267 |
as a form of sovereignty, 13 |
Replevin, 34, 36, 70, 73 |
Legal Realist bundle of rights, 4–8 |
Resource management |
in procedural due process, 234–35 |
common interest communities, |
range of uses, 6–7 |
146–53 |
traditional view of, 6 |
family wealth, 128–29 |
William Blackstone’s definition |
leasing, 129–46 |
of, 4–8 |
property strategy for, 11 |
Property, forms of, 125–29 |
real estate development, 127 |
PruneYard Shopping Center v. |
role of incentives, 12 |
Robins, 80 |
shopping center, 125–26 |
Public accommodations law, 79–81 |
specialization of functions in, 125 |
Public Land Survey System, 165 |
trusts, 153–57 |
Public nuisance, 192–93 |
Restatement of the Law Second, Torts, |
Public property, 4, 55–59 |
192, 194 |
Public trust, 56 |
Restatement of the Law Third, |
Public Use, 242–48 |
Property, 213 |
Pufendorf, 19 |
Restatement of the Law Third, Trusts, |
Punitive damages, 69 |
155, 157 |
|
Restitution, 31, 179 |
|
Retirement condominium, 92 |
Quasi-property, 27–28 |
Reverse engineering, 29 |
Quitclaim deed, 162 |
Reversion, 100–101, 145 |
|
Revolutionary War debts, 57 |
|
Riddle v. Harmon, 116 |
Racially discriminatory |
Right of entry, 102 |
covenants, 82 |
Right of occupancy, 24 |
Radin, Margaret Jane, 51 |
Right of survivorship, 115–16 |
Rangeland, 48 |
Right to pollute, 200 |
Ratione loci, doctrine of, 31 |
“Rights,” to fishing spots, 2 |
Ratione soli, doctrine of, 31 |
Riparianism. See Water rights |
Real covenant test . See Servitudes |
Riparian land, 60 |
Real estate development, |
Roman law, 56 |
organization of, 127 |
Rule Against Perpetuities (RAP), 95, |
Reap-sow principle, 28 |
101, 110–113 |
Reasonable prospect, of capture, 19 |
Rule of capture, 18–19 |
Recording acts, 168 |
Rule of increase, 30 |
Notice statutes, 169 |
Rule of law |
Race statute, 168 |
defi nition, 233 |
Race-notice statutes, 169 |
doctrine of sovereign immunity, |
Registration, 167 |
239–41 |
Regulatory takings doctrine, 251–57 |
doctrine of vested rights, 236–38 |
Relativity of title, 38–39 |
procedural due process, 233–36 |
Remainders, 100–101 |
stare decisis, 238–39 |
268 index
Saint Francis College v. Al-Khazraji, 84 |
State Farm Mut. Auto. Ins. Co. v. |
Sales of goods, property |
Campbell, 69 |
ownership, 91 |
State of Oregon ex rel. Thornton v. |
San Remo Hotel v. San Francisco, 240 |
Hay, 78 |
Sax, Joseph, 251 |
State v. Shack, 67 |
Schipper v. Levitt & Sons, Inc., 164 |
Statute of Frauds, 160, 164 |
S. Burlington County NAACP v. Twp. of |
Statute of limitations, 34–37, 163 |
Mount Laurel, 220 |
Statutes |
Secured creditors, 176 |
5 U.S.C. § 702, 240 |
Security interest, in personal |
16 U.S.C. § 1133(c), 57 |
property, 71 |
28 U.S.C. § 1346, 240 |
Security interests, 176–81 |
42 U.S.C. § 1982, 83 |
Self-help, 71–74 |
42 U.S.C. §§ 12101–12213, 84 |
Self-protective measures, 73–74 |
42 U.S.C. §§ 4321–4335 |
Semicommons, 15 |
(2000), 215 |
Seminole Tribe of Fla. v. |
42 U.S.C. § 2000a(b), 80 |
Florida , 240 |
42 U.S.C. § 2000a(e), 80 |
Sequential possession, 38–40 |
8B U.L.A. 223 (2001), 112 |
Servient estate, 200 |
Probate Code §§ 2–901 to |
Servitudes, 213–14 |
–906, 8 U.L.A. 61–62 |
equitable servitude test, 209–12 |
(Supp. 2006), 112 |
real covenant test, 209–12 |
U.C.C. § 2-403(2), 89 |
Settlor, 154–55 |
UCC § 2-315, 140 |
Shaare Tefila Congregation v. Cobb, 84 |
UCC § 2-403(1), 172 |
Shelley v. Kraemer, 81–82 |
UCC §§ 2A-213, 2A-214(3), 140 |
Shelter rule, 170 |
UCC § 2-316(3)(a), 140 |
Shopping center, organization of, |
Story, Justice, 225–27, 229 |
125–26 |
Strong personhood constraints, 51, |
Slavery, 52 |
52, 55 |
Social norms, role in fostering |
Sublease, 145–46 |
forbearance, 231–33 |
Surrender doctrine, 136 |
Socialist countries, property |
Surveying, 164–65 |
systems in, 4 |
Symphony Space, Inc. v. Pergola |
Sovereign immunity, doctrine of, |
Properties, Inc., 113 |
239–41 |
|
Soviet Russia, 230 |
|
Special warranty deed, 163 |
Tahoe-Sierra Pres. Council, Inc. v. |
Specificatio, doctrine of, 30 |
Tahoe Reg’l Planning |
Specifi c performance, 160 |
Agency, 257 |
Spendthrift clauses, 156 |
Takings Clause, 240, 245, |
Spur Industries, Inc. v. Del E. Webb |
251–52 |
Development Co., 198–99 |
Taney, Chief Justice, 225–26, |
Squatters, 35 |
229, 250 |
Stare decisis, 238–39 |
Telephone system, 58 |
|
index 269 |
Temporal divisions of property, |
owner’s right to exclude, 74–84 |
95–98 |
self-help rights, 71–74 |
Temporal priority, 195–96 |
Trover, 70. See also Conversion |
Tenancies, 98 |
Trusts, 128, 153–57 |
Tenancy at sufferance. See Leasing |
duties of impartiality, 156 |
Tenancy at will. See Leasing |
duties of loyalty, 156 |
Tenancy by the entirety, 117 |
duties of prudence, 156 |
Tenancy in common, 114–15, 117 |
Tucker Act, 240 |
Tenhet v. Boswell, 116 |
Tulk v. Moxhay, 209–11 |
Th eft offenses, criminal law of, 68 |
|
Th ird-party beneficiary law, 9 |
|
Th ird-party information |
Undercompensation, 250 |
costs, 109 |
Undisclosed easement, 161 |
Th omas, Justice, 245 |
Unequal bargaining |
Title II of the Civil Rights Act of |
power, 141–42 |
1964, 80 |
Uniform Anatomical |
Title insurance, 167 |
Gifts Act, 53 |
Title records, 166–75 |
Uniform Commercial Code (UCC), |
adverse possession, 173–74 |
140, 160, 171–72 |
common, 166 |
Uniform Relocation Act, 250 |
examination methods for, 167–68 |
United States v. 564.54 |
good faith purchasers for value |
Acres, 250 |
(GFPVs), 169–73 |
United States v. Causby, 56 |
principle of property |
United States v. Craft, 118 |
transfer, 168 |
United States v. Starrett |
recording acts, 168–70 |
City Assoc., 83 |
recording system, 166–67 |
United States v. Winstar, 240 |
Title search, 167–68 |
Unreasonableness, 194–95 |
Titles to land in the United |
Unwanted e-mails, |
States, 26 |
invasion of, 70 |
Torrens system, 167 |
defensive measures by |
Tort liability, 1, 8, 118, 192–200 |
owners, 70–71 |
Total restraints on alienation, 91 |
U.S. Const. art I, § 8, cl. 8., 62 |
“Touch and concern” the land, |
U.S. Const. art. I, § 10, cl. 1., 224 |
144–45, 212–13 |
Usery v. Turner Elkhorn |
Tradable fishing quotas, 8 |
Mining Co., 238 |
Trademarks, 3 |
Uston v. Resorts Int’l Hotel, Inc., 80 |
Tragedy, of the commons, 21 |
|
Transfer of property, 1, 91–93, |
|
159–66 |
Valet parking, 87 |
Transfer on death, 93 |
Valley View Indus. Park v. City of |
Trespass law, 31, 92 |
Redmond, 217 |
context of an invasion of an |
Variances. See Zoning |
intranet system, 70–71 |
Vested remainders, 100 |
270index
Vested rights, doctrine of, 236–38
Vill. of Euclid v. Ambler Realty Co., 195
Vincent v. Lake Erie Transp. Co., 75
Warranties of title, 163 Waste, 106–108 Water rights, 59–61, 63
prior appropriation system, 60 reasonable use theory, 60 riparianism, 60
Weak personhood constraints, 51–53, 55
Westward expansion, history of, 26
Wild deed, 171
Willard v. First Church of Christ, 203 Williams v. Ford Motor Credit Co., 73 Wills, 92–93
Yee v. Escondido, 257
Zoning law, 5, 8, 82, 215–21, 229 comprehensive plan, 216–17 noncumulative zoning, 216 protection of nonconforming
uses under, 238 variances, 218