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Oxford Introductions to U.S. Law : Property - Thomas W. Merrill

Oxford Introductions to U.S. Law


Paperback Published: 21st April 2010
ISBN: 9780195314762
Number Of Pages: 284

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The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

Industry Reviews

"Merrill and Smith, both renowned scholars of property law, apply an accessible theoretical framework to illuminate principles that govern the resolution of disputes over resources. This sunlight brings ancient-and, in some instances, superficially musty-doctrines to life." --Robert Ellickson Walter E. Meyer Professor of Property and Urban Law, Yale Law School "Merrill and Smith's book is nothing short of a marvel. It gives shape and direction to a field often considered to be diffuse and unmanageable. This volume is full of ideas that enliven all aspects of property law, showing the reader why these topics are interesting and topical." --Carol M. Rose Lohse Chair in Water and Natural Resources, The University of Arizona James E. Rogers College of Law


CHAPTER 1 The Institution of Property 3 Exclusion and the Bundle of Rights 6 The Thing's the Thing 11 General Justifications, General Concerns 14 Further Reading 20

CHAPTER 2 Original Acquisition and the Scope of Property Claims 21 First Possession 22 Discovery and Creation 28 Accession 35 Adverse Possession 39 Sequential Possession, Finders, and the Relativity of Title 45 The Mosaic of Acquisition Principles 46 Further Reading 47

CHAPTER 3 The Domain of Property 49 The Demsetz Theory 49 Personhood Constraints 57 Inherently Public Property 62 Hybrid Resources 66 Further Reading 71

CHAPTER 4 Owners as Gatekeepers 73 Laws for Owner Protection 74 Self-Help 79 Exceptions to the Right to Exclude 83 Owner Powers 93 Further Reading 103

CHAPTER 5 Dividing Property Rights 105 Estates and Future Interests 105 How the System Works 116 Co-Ownership 126 Marital Interests 131 Further Reading 135

CHAPTER 6 Managing Property 137 Why Separate Management Authority from Other Incidents of Ownership? 139 Leasing 144 Common Interest Communities 160 Trusts 167 Further Reading 171

CHAPTER 7 Land Transactions and Title Records 173 Land Sale Contracts 173 Title Records 181 Mortgages 192 Further Reading 198

CHAPTER 8 Neighbors and Neighborhood Effects 199 The Coase Theorem 201 Tort Liability: Nuisance 208 Modification of Property Rights: Easements 217 Contract: Covenants Running with the Land 225 Further Reading 240

CHAPTER 9 Government Forbearance 243 The General Form of the Problem 244 Sources of Forbearance 249 The Rule of Law. 253 Explicit Takings 262 Regulatory Takings 272 Further Reading 280

ISBN: 9780195314762
ISBN-10: 019531476X
Series: Oxford Introductions to U.S. Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 284
Published: 21st April 2010
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 21.0 x 14.1  x 1.6
Weight (kg): 0.32

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