Property Volume 2

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Christian Turner, University of Georgia Law School

Pub Date: 2012

ISBN 13:

Publisher: CALI's eLangdell® Press

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Table of Contents

Property II
About the Author
Notices
1. More on Adverse Possession
1.1. Personal Property
1.2. Encroachments
1.3. Improving Trespassers
1.4. Problem
2. Temporal Sharing of Land
2.1. Estates in Land
2.1.1. Introduction
2.1.2. Interpretation
2.1.3. Problems
2.2. Rule Against Perpetuities
2.3. Restraints on Marriage
2.4. Waste
3. Leaseholds
3.1. Eviction
3.2. Tenant Duties
3.3. Landlord Duties
3.4. Problems
4. Shared Ownership
4.1. Tenancies in Common
4.2. Joint Tenancies
4.3. Tenancies by the Entirety
4.4. Relationships and Property
4.4.1. Marriage and Divorce
4.4.2. Professional Degrees
4.4.3. Unmarried Partners
4.4.4. Children's Claims on Family Assets
5. Easements
AN INTRODUCTION TO SERVITUDES
5.1. Easements by Estoppel
5.2. Easements by Implication
5.3. Easements by Necessity
5.4. Scope and Overburdening
5.5. Easements in Gross
6. Covenants
AN INTRODUCTION TO SERVITUDES, Part II
6.1. Formation
6.1.1. Written Covenants and Running with the Land
6.1.2. Implied Covenants
1. Covenants and Equitable Servitudes
1. California Cases
2. The Current Uncertainties
3. The Solution
4. Resolution of this Case
6.2. Changed Conditions
6.3. Regulation
6.3.1. Restraints on Alienation
DISCUSSION
6.3.2. Racist Conditions
6.4. Review Problems
7. Sovereigns and Individuals
7.1. Sovereignty
7.2. Private Government
7.3. Public Accommodations
7.3.1. Common Law
7.3. Public Accommodations
7.3.1. Common Law
7.3.2. Civil Rights Acts
1.Place of Public Accommodation
2.LAD Exceptions
7.3.2. Civil Rights Acts
1.Place of Public Accommodation
2.LAD Exceptions
7.3.3. Americans with Disabilities Act
7.4. Takings
7.4.1. Eminent Domain
IV
7.4.2. Regulatory Takings
7.4.2.1. Ad hoc Takings
7.4.2.2. Per se Takings

About the Book

This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.

About the Contributors

Author(s)

Christian Turner teaches courses in property, land use, legal theory, and the regulation of information. His research interests are in the public/private distinction and institutional analysis. Drawing from his mathematical training, he is interested in both the logic and illogic of the law -- and in understanding seemingly complex and diverse legal principles as consequences of basic, trans-substantive ideas. Prior to joining the faculty at the University of Georgia, Christian was a Visiting Assistant Professor at Fordham Law School, worked at Wiggin and Dana law firm in New Haven, and clerked for Judge Guido Calabresi on the Second Circuit. He is a graduate of Stanford Law School and holds a Ph.D. in mathematics from Texas A&M University.