Property Law: Rules, Policies, and Practices

Property Law: Rules, Policies, and Practices

by Joseph William Singer

This thorough revision builds on the strengths that make the casebook so successful: - respected authorship of Professor Joseph William Singer- exceptionally clear explication of property rules and concepts- socially progressive yet even-handed sensibility with strong ethical coverage -- unique among property casebooks- balanced coverage of both traditional and non-traditional topics combines all the bases of any property course (such as access, relation among neighbors, common ownership, leaseholds, real estate transactions, land use regulations, and takings) with interesting socio-economic topics, such as fair housing law, tribal property, and property in people (slavery, body parts, frozen embryos, etc.)- cases-and-problems approach to teaching that promotes learning and stimulates class discussion- excellent case selection focusing on recent cases and contemporary social problems- thorough Teacher's ManualChanges to the Fourth Edition: - the entire book is fully updated to reflect changes in the law and emerging issues in various areas- important new cases include Bonnichsen v.

USDA, Tahoe-Sierra Preservation Council Inc. v.

Tahoe Regional Planning Agency, Brown v.

City of New London, and San Remo Hotel v.

City and County of San Francisco- in response to the significant changes in Supreme Court doctrine in the last several years, the Takings chapter is completely updated and reorganized to reflect the current state of the law- modernized and tightened notes and problems throughout

  • Language: English
  • Category: Law
  • Rating: 3.09
  • Pages: 1202
  • Publish Date: April 13th 2006 by Aspen Publishers
  • Isbn10: 0735555478
  • Isbn13: 9780735555471

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It seems like there is something basically suspicious about paying for the right to exclude other people from a certain place. Now for your unreliable review of the law of Property* as I learned it: SOVEREIGN PROPERTY RIGHTS Owning property only exists because the government says so. This was in 1823, and the issue was whether a tribe could convey property to a U.S. citizen (because two unfortunate people ended up owning the same property due to what I imagine was some kind of practical joke). Marshall basically says that, as far as the U.S. government is concerned, property rights were invented in North America when European nations discovered it. Before that, valid property rights didnt exist, so a tribe cant convey property. The thing I like about the opinion is that he goes on for a while about all the weird reasons that justify kicking the tribes off of the land (the But we gave them Christianity! The tribes are their own sovereign nations, and they can convey land under their own sovereign laws, but those are not recognized by the U.S. government. U.S., where the judge says that were doing the tribes a favor by not recognizing their property rights, since they dont understand what property is anyway. This topic was probably a bigger deal in my class than in most because Professor Wood is writing a book about it, but I think its interesting, so Im not complaining. The hostile requirement just means that if your neighbor says, Hey, thats fine that you want to mow the edge of my lawn, go ahead and keep doing it, you arent adversely possessing. Easements are the right to use a certain part of land or use land in a certain way. Its a partial right to a piece of property. Negative easements are when one Landowner 1 wants to prevent Landowner 2 from doing something on the Landowner 2s land. Positive easements are when Landowner 1 wants to do something on Landowner 2s land. Easement by Prior Use. This usually happens when a landowner sells part of a property and keeps part of the property. Appurtenant easements are ones that are attached to two pieces of property (like the ones described above). An Easement In-Gross is associated with a person (because people are gross) and a piece of property. Like, if you give your friend the right to cross your property to swim in your lake, thats an easement in-gross. The power lines that go across peoples properties are commercial easements in-gross. The basic property ownership right is the right to exclude other people. Like, if peoples garbage is going on your property, thats trespass. If someone substantially disturbs your right to enjoy property, thats nuisance. This whole topic is about how you can deed property away, and then put it in the deed that you want it back at some point. Sometimes takings happen literally, like the government wants to build a highway. When that happens, the government has to pay also, but its supposed to only have to pay if the property is TOTALLY VALUELESS. Also, you cant say property is valueless if youre just prevented from doing something thats illegal anyway, obviously. For example, if you wanted to make a cannibal colony and youre mad that theres a law preventing cannibalism on your property, thats not a taking. Thats not how it actually happens, though, because its not always the government running things around here.

Pretty good casebook, logically organized and doesn't patronize you like some of the others ("As you read, think about the repercussions of this.