Property Law 8th Edition By Joseph William Singer, Bethany R. Berger, Nestor M. Davidson, Eduardo Moises Penalver – Ebook PDF Instand Download/DeliveryISBN: 1543849733, 9781543849738
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ISBN-10 : 1543849733
ISBN-13 : 9781543849738
Author: Joseph William Singer, Bethany R. Berger, Nestor M. Davidson, Eduardo Moises Penalver
This hugely successful materials-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its plain-language descriptions of legal doctrine; explanations of the social ramifications of our system of property law; emphasis on statutory and regulatory interpretation; comprehensive treatment of public accommodations and fair housing law, tribal property issues, and property in human bodies; and use of the problem method to teach legal reasoning and lawyering skills. Streamlined for more accessible teaching, the Eighth Edition has been thoroughly updated to reflect significant changes in the law of property, including in responses to the Covid-19 pandemic, in intellectual property, housing discrimination, regulatory takings, and more.
Property Law 8th Table of contents:
PART ONE PROPERTY IN A FREE AND DEMOCRATIC SOCIETY
Chapter 1 Trespass: The Right to Exclude and Rights of Access
§1 Trespass
§1.1 Public Policy Limits on the Right to Exclude
State v. Shack (1971)
Commonwealth v. Magadini (2016)
§1.2 Limits on the Right to Exclude from Property Open to the Public
Uston v. Resorts International Hotel, Inc. (1982)
§1.3 Trespass Remedies
Glavin v. Eckman (2008)
Jacque v. Steenberg Homes, Inc. (1997)
§1.4 The Relational Nature of Property Rights
§2 Discrimination and Access to “Places of Public Accommodation”
§2.1 The Antidiscrimination Principle
A. Federal Antidiscrimination Law
Civil Rights Act of 1964, Title II
Civil Rights Act of 1986
B. State and Local Laws
New York Executive Law, Art. 15
McClure Management, LLC v. Taylor
§2.2 Discrimination Against Persons with Disabilities
Americans with Disabilities Act of 1990, Title III
§3 Free Speech Rights of Access to Public and Private Property
Lloyd Corporation, Ltd. v. Tanner (1972)
§4 Beach Access and the Public Trust
Matthews v. Bay Head Improvement Association (1984)
§5 The Right to Be Somewhere and the Problem of Homelessness
Martin v. City of Boise
Chapter 2 Competing Justifications for Property Rights
§1 Sovereignty
§1.1 Sovereignty and Indigenous Lands
A. Acquisition from Native Nations
Johnson v. M’Intosh (1823)
B. Competing Justifications for Property Rights
C. Past Wrongs, Present Remedies: Modern Indian Land Claims
§1.2 Sovereignty and Human Property
The Antelope (1825)
§1.3 Sovereign Distribution of Property
A. Homestead Acts and Land Grants
B. Squatters
C. Property After Enslavement
D. Government Distribution Today
§2 Labor and Investment
§2.1 Labor and Intangible Property
International News Service v. Associated Press (1918)
§2.2 Commonly Owned Property: Tragedy or Comedy?
§2.3 Ownership of Labor
§3 Families
§3.1 Child Support
Bayliss v. Bayliss (1989)
Ex parte Christopher (2013)
§3.2 Gifts and Inheritance
§4 Possession
§4.1 Capture
A. Wild Animals
Pierson v. Post (1805)
B. Home Run Baseballs
Popov v. Hayashi (2002)
C. Natural Resources
Elliff v. Texon Drilling Co. (1948)
§4.2 Possession and Real Property
Christy v. Scott (1852)
§4.3 Possession and Personal Property
A. Finders
Armory v. Delamirie (1722)
Charrier v. Bell (1986)
B. Presumption of Title
Willcox v. Stroup (2006)
C. Possession of Stolen Property
§5 Justifications for Property Without Law
Goffman, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates
Chapter 3 What Can Be Owned?
§1 Property Rights in Human Beings
§1.1 Slavery
§1.2 Children
In the Matter of Baby M (1988)
§1.3 Frozen Embryos
§1.4 Body Parts
A. Are Body Parts Property?
Moore v. Regents of the University of California (1990)
B. Markets in Body Parts
Flynn v. Holder (2012)
§2 Property and Personal Identity
Martin Luther King, Jr. Center for Social Change v. American Heritage Products (1982)
Rosa and Raymond Parks Institute for Self-Development v. Target Corp.
§3 Property and Community Identity: Cultural Property
§3.1 Native American Cultural Property
Wana the Bear v. Community Construction, Inc. (1982)
§3.2 The International Dimensions of Cultural Property
Republic of Turkey v. Christie’s Inc. (2019)
§4 Property and Ideas: Intellectual Property
§4.1 The Concept of Intellectual Property
§4.2 Theories of Intellectual Property
§4.3 Unfair Competition and Misappropriation
§4.4 Trademark Law
Qualitex Co. v. Jacobson Products Co. (1995)
§4.5 Copyright Law
A. Original Works of Authorship
B. The Copyright Act
Copyright Act of 1976
C. “Original” Works
Craft Smith LLC v. EC Design LLC (2020)
D. Fair Use
Dr. Seuss Enterprises, L.P. v. ComicMix LLC (2020)
E. Moral Rights
§4.6 Patent Law
A. Patentability
Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)
Juicy Whip, Inc. v. Orange Bang, Inc. (1999)
B. Patent Remedies
eBay, Inc. v. MercExchange, L.L.C. (2006)
PART TWO RELATIONS AMONG NEIGHBORS
Chapter 4 Adverse Possession
§1 Title versus Possession
§1.1 Border Disputes
Brown v. Gobble (1996)
§1.2 Color of Title
Paine v. Sexton (2015)
§1.3 Squatters
Nome 2000 v. Fagerstrom (1990)
§2 Justifications for Adverse Possession: “Roots Which We Should Not Disturb” or “Land Piracy”?
§3 Prescriptive Easements
Frech v. Piontkowski (2010)
§4 Other Informal Ways to Transfer Title to Real Property
§4.1 The Improving Trespasser
A. Removal of Encroaching Structures: Relative Hardship
Hoffman v. Bob Law, Inc. (2016)
B. Enrichment versus Forced Sale
Ward v. Ward (2016)
§4.2 Boundary Settlement
A. Oral Agreement
B. Acquiescence
C. Estoppel
D. Laches
§5 Adverse Possession of Personal Property
O’Keeffe v. Snyder (1980)
Chapter 5 Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment
§1 Land Use Conflicts Among Neighbors
§2 Nuisance
§2.1 Defining Unreasonable Interference
Dobbs v. Wiggins (2010)
§2.2 Nuisance Remedies
Boomer v. Atlantic Cement Co. (1970)
§2.3 Nuisance or Trespass?
Johnson v. Paynesville Farmers Union Cooperative Oil Co. (2012)
§3 Light and Air
Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. (1959)
Prah v. Maretti (1982)
Law and Economics Analysis of Nuisance
§4 Surface Water
Armstrong v. Francis Corp. (1956)
Policy Arguments and Counterarguments
§5 Support Rights
§5.1 Lateral Support
Noone v. Price (1982)
Massachusetts State Building Code
International Building Code §3307
§5.2 Subjacent Support
Friendswood Development Co. v. Smith-Southwest Industries, Inc. (1978)
Chapter 6 Land Use and Natural Resources Regulation
§1 Land Use Regulation: Origins, Authority, and Process
§1.1 The Roots and Structure of Zoning
§1.2 Zoning Authority and Validity
Village of Euclid v. Ambler Realty Co. (1926)
§1.3 Other Land Use Regulatory Regimes
§1.4 Modernizing Zoning
§1.5 Common Patterns in Land Use Litigation
§2 Constraints on Zoning Authority to Protect Preexisting Property Rights
§2.1 Prior Nonconforming Uses
Town of Belleville v. Parrillo’s, Inc. (1980)
§2.2 Vested Rights
Stone v. City of Wilton (1983)
§3 Administrative Zoning Flexibility and Rezoning
§3.1 Variances
Krummenacher v. Minnetonka (2010)
§3.2 Special Exceptions
§3.3 Rezoning and Challenges to Particularized Zoning Changes
§4 Land Use Regulations Burdening Fundamental Rights
§4.1 Equal Protection and Animus
Village of Willowbrook v. Olech (2000)
§4.2 The Problem of Exclusionary Zoning and State Constitutional Rights
Southern Burlington County NAACP v. Township of Mount Laurel (1975)
§4.3 Zoning and Intimate Association
Village of Belle Terre v. Boraas (1974)
Moore v. City of East Cleveland (1977)
§4.4 Aesthetic Zoning and Expression
Anderson v. City of Issaquah (1993)
§4.5 Freedom of Religion and Religious Land Uses
Westchester Day School v. Village of Mamaroneck (2007)
§5 Environment, Natural Resources, and Land Use Law
§5.1 Owner Liability for Hazardous Wastes
§5.2 Environmental Impact Assessment
§5.3 Climate Change and Land Use Planning: Mitigation and Adaptation
§5.4 Protection of Other Natural Resources
Chapter 7 Servitudes: Rules Governing Contractual Restrictions on Land Use
§1 Servitudes
§2 Easements
§2.1 Definition and Background
§2.2 Creation by Express Agreement
A. Writing (Statute of Frauds)
California Statute of Frauds
New York Statute of Frauds
B. Limits on Negative Easements
C. Running with the Land
§2.3 Interpretation of Ambiguous Easements
A. Appurtenant or In Gross
Green v. Lupo (1982)
B. Scope and Apportionment
Cox v. Glenbrook Co. (1962)
§2.4 Creation of Easements by Implication
A. Easements by Estoppel
Lobato v. Taylor (2002)
B. Easements Implied from Prior Use
Granite Properties Limited Partnership v. Manns (1987)
C. Easements by Necessity
Finn v. Williams (1941)
§2.5 Modifying and Terminating Easements
§3 Covenants
§3.1 Definition and Background
§3.2 Creation of Covenants
A. The Traditional Test
Neponsit Property Owners’ Association v. Emigrant Industrial Savings Bank (1938)
B. The Restatement (Third) and Its Influence
C. Remedies
§4 Covenants in Residential Subdivisions, Condominiums, and Other Multiple Owner Developments
§4.1 Implied Reciprocal Negative Servitudes in Residential Subdivisions
Evans v. Pollock (1990)
§4.2 Common Interest Developments and Property Owners Associations
A. Residential Subdivisions and Condominiums
B. Cooperatives
C. Community Land Trusts and Limited Equity Co-ops
D. Competing Perspectives
§4.3 Relationship Between Unit Owners and Developers
Appel v. Presley Cos. (1991)
§5 Substantive Limitations on Creation and Enforcement of Covenants
§5.1 Review for Reasonableness and Public Policy Violations
A. Covenants
Davidson Brothers, Inc. v. D. Katz & Sons, Inc. (1994)
Nahrstedt v. Lakeside Village Condominium Association, Inc. (1994)
B. Rules and Bylaws
Apple Valley Gardens Association, Inc. v. MacHutta (2009)
Trustees of the Cambridge Point Condominium Trust v. Cambridge Point, LLC (2018)
§5.2 Constitutional Limitations
Shelley v. Kraemer (1948)
§5.3 The Fair Housing Act
§5.4 Restraints on Alienation
Northwest Real Estate Co. v. Serio (1929)
§5.5 Anticompetitive Covenants
§6 Modifying and Terminating Covenants
§6.1 Changed Conditions
El Di, Inc. v. Town of Bethany Beach (1984)
§6.2 Relative Hardship
§6.3 Other Equitable Defenses
§6.4 Statutes
Blakeley v. Gorin (1974)
PART THREE OWNERSHIP IN COMMON
Chapter 8 Concurrent, Family, and Entity Property
§1 Varieties of Common Ownership
§2 Concurrent Tenancies
§2.1 Forms of Concurrent Tenancies
A. Tenancy in Common
B. Joint Tenancy
C. Tenancy by the Entirety
§2.2 Sharing Rights and Responsibilities Between Co-Owners
§2.3 Unilateral Transfers of Rights in Common Property
A. Tenancy in Common
Carr v. Deking (1988)
B. Joint Tenancy
Tenhet v. Boswell (1976)
C. Tenancy by the Entirety
Sawada v. Endo (1977)
§2.4 Partition
Ark Land Co. v. Harper (2004)
§3 Family Property
§3.1 Historical Background
A. Coverture, Dower, and Curtesy
B. Married Women’s Property Acts
C. Same-Sex Marriage
§3.2 Community Property and Separate Property
A. Separate Property
B. Community Property
C. Premarital Agreements
D. Homestead Laws
§3.3 Divorce: Equitable Distribution of Property
North Carolina General Statutes
Revised Code of Washington
§3.4 Child Support
§3.5 Unmarried Partners
Wilbur v. DeLapp (1993)
Tompkins v. Jackson (2009)
§4 Entity Property
Berle & Means, The Modern Corporation and Private Property (1932)
Butler, The Contractual Theory of the Corporation (1989)
Chapter 9 Present Estates and Future Interests
§1 Division of Ownership over Time
§2 Historical Background
§2.1 Medieval Roots
§2.2 Modern Technology
§3 The Contemporary Estates System
§3.1 Fee Simple Interests
A. Fee Simple Absolute
B. Defeasible Fees
§3.2 Life Estates
A. Reversions and Remainders
B. Contingent and Vested Remainders
C. Destructibility of Contingent Remainders
§3.3 Interpretation of Ambiguous Conveyances
Wood v. Board of County Commissioners of Fremont County (1988)
Edwards v. Bradley (1984)
§3.4 Waste
McIntyre v. Scarbrough (1996)
§3.5 Trusts
A. Private Trusts
Phillips v. Estate of Holzmann (1998)
B. Charitable Trusts and the Cy Pres Doctrine
Evans v. Abney (1970)
§4 Restrictions on Estates and Future Interests
§4.1 Rule Against Creation of New Estates (The Numerus Clausus Doctrine)
§4.2 Rule Against Unreasonable Restraints on Alienation
§4.3 Rule Against Perpetuities
A. The Traditional Rule
B. Modern Approaches and the Rise of the Perpetuity
C. Other Statutory Limits on Future Interests
D. Commercial Future Interests: Options to Purchase and Preemptive Rights
Symphony Space, Inc. v. Pergola Properties, Inc. (1996)
§4.4 Rule Against Unreasonable Restraints on Marriage
Estate of Guidotti (2001)
Chapter 10 Leaseholds
§1 Leasehold Estates
§1.1 Categories of Tenancies
§1.2 Commercial and Residential Tenancies
§1.3 Regulation of Landlord-Tenant Relationships
§1.4 Distinguishing Tenancies from Other Property Relationships
Vásquez v. Glassboro Service Association, Inc. (1980)
§2 Conflicts About Occupancy
§2.1 Initial Occupancy: Landlord’s Duty to Deliver Possession
§2.2 During the Leasehold
A. Landlord’s Right to Inspect and Repair
Uniform Residential Landlord and Tenant Act §3.103
B. Tenant’s Right to Receive Visitors and to Marry
C. Tenant’s Duties Not to Commit Waste or Cause a Nuisance, and the Problem of Domestic Violence
D. Tenant Use Restrictions and Obligations
§2.3 Transfers of the Landlord’s Leasehold Interest
§2.4 Assigning and Subleasing
Kendall v. Ernest Pestana, Inc. (1985)
Slavin v. Rent Control Board of Brookline (1990)
§2.5 Tenant’s Right to Terminate Early
§2.6 The End of the Tenancy: Landlord’s Right to Recover Possession versus a Tenant’s Right to Remain
§3 Conflicts About Rent
§3.1 Landlord’s Remedies When Tenant Fails to Pay Rent
§3.2 Landlord’s Duty to Mitigate Damages
Sommer v. Kridel (1977)
§3.3 Security Deposits
§3.4 Rent Regulation
§3.5 Commercial Leases During the Pandemic and Excuse of Performance Doctrines
§4 Tenant’s Rights to Quiet Enjoyment and Habitable Premises
§4.1 The Covenant of Quiet Enjoyment and Constructive Eviction
Minjak Co. v. Randolph (1988)
§4.2 Warranty of Habitability
Javins v. First National Realty Corp. (1970)
§4.3 Landlord’s Tort Liability to Tenants
§4.4 Landlord Liability for Tenant-to-Tenant Discriminatory Harassment
§4.5 Minimum Standards Revisited
PART FOUR THE LEGAL FRAMEWORK OF THE MARKET FOR REAL ESTATE
Chapter 11 Real Estate Transactions
§1 Real Estate Transactions: Structure and Roles
§1.1 Attorneys’ Transactional Roles
§1.2 Phases of the Transaction
A. Pre-Contracting and the Role of Brokers
B. Contracting: The Purchase and Sale Agreement
C. The Executory Period
D. Closing
E. Post-Closing
§2 Purchase and Sale Agreements: Form, Formalities, and Remedies
§2.1 The Terms of the Agreement
Offer to Purchase Real Estate
Standard Form Purchase and Sale Agreement
§2.2 Statute of Frauds versus Part Performance and Estoppel
Burns v. McCormick (1922)
Hurtubise v. McPherson (2011)
§2.3 What Constitutes a Breach of the Contract
A. Misrepresentation and Fraudulent Nondisclosure
Johnson v. Davis (1985)
B. Seller’s Failure to Provide Marketable Title
C. Seller’s Breach of Warranty of Habitability for New Residential Real Estate
D. Buyer’s Failure to Make Good Faith Efforts to Obtain Financing
§2.4 Remedies for Breach of the Purchase and Sale Agreement
A. Buyer’s Remedies
B. Seller’s Remedies
§3 Deeds
§3.1 Essential Terms
Sample Deed
§3.2 Delivery
§3.3 Title Covenants
A. Warranties of Title
B. Remedies for Breach of Warranty of Title
§4 Real Estate Finance
§4.1 The Basic Structure of Real Estate Finance
§4.2 Regulating Mortgage Markets
Commonwealth v. Fremont Investment & Loan (2008)
§4.3 Borrower Defaults, Foreclosure, and Consumer Protection
U.S. Bank National Association v. Ibanez (2011)
§4.4 Foreclosure Sales
Baskurt v. Beal (2004)
§4.5 Alternative Financing Arrangements
A. Installment Land Contracts
Sebastian v. Floyd (1979)
B. Equitable Mortgages
Koenig v. Van Reken (1979)
§5 The Recording System
§5.1 Recording Acts
A. Recording Act Fundamentals
B. How to Conduct a Title Search
C. Types of Recording Acts
D. Types of Notice
E. Who Qualifies for Protection Under the Recording Acts?
§5.2 Chain of Title Problems
Sabo v. Horvath (1976)
§5.3 Fraud and Forgery
Brock v. Yale Mortgage Corporation (2010)
McCoy v. Love (1980)
§5.4 Marketable Title Acts and Other Ways to Clear Title
§5.5 Title Companies and the Recording System
§5.6 Title Registration
Chapter 12 Fair Housing Law
§1 Introduction to Fair Housing
§1.1 Sources of Fair Housing Law
§1.2 The Fair Housing Act
Fair Housing Act, 42 U.S.C. §§3601-3605, 3607, 3613, 3617, 3631
§1.3 Statutory Interpretation, Communications, and the Boundaries of the Fair Housing Act
Fair Housing Council of San Fernando Valley v. Roommate. com, LLC (2012)
§2 Intentional Discrimination or Disparate Treatment
§2.1 Intentional Discrimination on the Basis of Race
Asbury v. Brougham (1989)
§2.2 Discrimination on the Basis of Sex: Sexual Harassment
Quigley v. Winter (2010)
§2.3 Discrimination Based on Familial Status
Human Rights Commission v. LaBrie, Inc. (1995)
§2.4 Discrimination Based on Sexual Orientation and Gender Identity
State ex rel. Sprague v. City of Madison (1996)
§2.5 Source of Income and Other Economic Discrimination
DiLiddo v. Oxford Street Realty, Inc. (2007)
§3 Disparate Impact or Discriminatory Effects Claims
§3.1 HUD’s Discriminatory Effects Rule
§4 Segregation, Integration, and the Fair Housing Act
MHANY Management, Inc. v. County of Nassau (2016)
§5 Housing Discrimination Against People with Disabilities
§5.1 Reasonable Accommodations
Janush v. Charities Housing Development Corp. (2000)
§5.2 Integration and the Example of Group Homes for Personswith Disabilities
Familystyle of St. Paul, Inc. v. City of St. Paul (1991)
§6 Fair Lending
M & T Mortgage Corp. v. Foy (2008)
PART FIVE CONSTITUTIONAL PROTECTION FOR PROPERTY
Chapter 13 Takings Law
§1 Eminent Domain
§1.1 The Eminent Domain Power and the Condemnation Process
§1.2 Public Use
Kelo v. City of New London (2005)
§1.3 Just Compensation
“Damagings” Clauses in State Constitutional Law
§1.4 Expropriating Without “Taking”
Tee-Hit-Ton Indians v. United States (1955)
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