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Goldstein and Thompson's Property Law: Ownership, Use, and Conservation

By Paul Goldstein, Barton H. Thompson, Jr.

ISBN-13: 9781599411415

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Series: University Casebook Series

Brand: Foundation Press

Pages: 1280

Components: 1 Print

Shelf Space: 2 in.

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Description

Property lawyers are increasingly engaged in environmental issues, whether it be the increased interest in conservation easements, national regulation of land use through such statutes as the Endangered Species Act and the Clean Water Act, problems of hazardous waste cleanup, pressures to open private land to public use, or dozens of other environmental additions to traditional property law. This new casebook is the first to provide significant materials on emerging and important environmental issues in the property field. It provides an in-depth treatment of traditional property doctrines, while providing cutting-edge coverage of these emerging environmental questions.

Features

Summary Of Contents

Preface
Acknowledgments
A Note On Names And Hypotheticals
Table Of Cases
Part I Perspectives on Property
Chapter
1. A Brief History of Real Property in the United States
  1. Native American Property Claims
  2. A Brief History of Land Allocation and Protection in the United States
  3. Limits to Privatization
  4. A Brief Note on Public Lands
2. Some Basic Rights and Responsibilities of the Landowner
  1. The Right to Exclude
    1. Trespass—The Right to Exclude Others
    2. Encroachments
    3. Limits on the Right to Exclude
  2. Adverse Possession
  3. The Right to Use
    1. Private Nuisances
    2. Public Nuisances & the Regulation of Pollution
    3. Remedies
  4. Protecting Natural Services
  5. Protection from Governmental Expropriation
    1. The Public Use Limitation
    2. Just Compensation
3. Property Other Than Land
  1. Fish & Wildlife
  2. Oil & Gas
  3. Water
    1. Surface Water
    2. Groundwater
  4. Intellectual Property
  5. Cyberspace
  6. Human Cells
Part II Land Transfer and Finance
1. Land Sales
  1. The Role of Real Estate Brokers and Lawyers
    1. Brokers
    2. Lawyers
  2. The Contract of Sale
    1. The Statute of Frauds
    2. Conditions
    3. Remedies
    4. Risk of Loss
  3. Closing the Contract: The Deed
    1. Deed Construction
    2. Delivery
    3. Description of the Land Conveyed
    4. Warranty of Title
  4. Fitness of the Premises
    1. Duty to Disclose
    2. Warranty of Fitness
  5. The Risk of Environmental Liability
2. Title Assurance
  1. The Record System
    1. Types of Recording Acts
    2. Statutory Conditions of Protection
  2. The System At Work: The Title Search
    1. The Indices
    2. Extent of Search
  3. Abstracts, Opinions, and Title Insurance
    1. Abstracts and Lawyers’ Opinions
    2. Title Insurance
  4. Reforming the Title Assurance System
    1. Marketable Title Acts, Statutes of Limitations, and Curative Acts
    2. Title Registration
3. Land Finance
  1. The Forms of Land Finance
  2. Creditor Protections
  3. Default
Part III Dividing Land Ownership
1. Dividing Ownership Across Time
  1. A Short History of the Estates System
    1. The Feudal Tenure System
    2. The Rise of the Fee & the Evolution of the Estate System
    3. The Estate System’s History in America
    4. The Legacy of Tenures and Estates
  2. Present Interests in Land
    1. The Fee Simple Absolute
    2. The Fee Tail
    3. The Life Estate
    4. Defeasible Fees
    5. Leaseholds
  3. Future Interests
    1. Classification of Future Interests
    2. The History of Future Interests
    3. Vesting of Future Interests
  4. Rules Promoting Alienability and Marketability
    1. The Rule Against Perpetuities
    2. Statutory Limitations on Reverters & Rights of Entry
    3. Restraints on Alienation
  5. Protection of Future Interests
    1. Avoiding Waste
    2. Protecting Future Interests in Eminent Domain
2. Landlord Tenant Law
  1. Leasehold Estates
  2. Tenant Rights and Remedies
    1. The Right to Possession
    2. The Right to Quiet Enjoyment
    3. The Warranty of Habitability
    4. Tort Rights
    5. The Right to Assign and Sublet
  3. Landlord Rights and Remedies
    1. The Landlord’s Rights
    2. The Landlord’s Remedies
3. Shared Ownership
  1. Common Law Concurrent Estates
    1. Types of Concurrent Estates
    2. Joint Tenancies
    3. Disagreements Among Cotenants
    4. Partition
    5. The Problem of Fragmentation: American Indian Lands
  2. Property Rights of Husband and Wife
    1. The Common Law System
    2. The Community Property System
    3. What Is Marital Property?
    4. Unmarried Couples
4. Nonpossessory Interests in Land: Easements, Covenants, and Equitable Servitudes
  1. Easements
    1. Express Easements
    2. Easements by Estoppel
    3. Easements by Implication and Necessity
    4. Easements by Prescription
  2. Covenants and Servitudes
    1. Running of the Benefit and Burden
    2. Subdivisions, Condominiums, and Other Common Interest Communities
    3. Discriminatory Covenants
  3. Conservation Easements
  4. Terminating Easements, Covenants, and Servitudes
Part IV Public Control of Use
1. Local Land Use Control
  1. The Constitutional Framework
  2. The Zoning System
    1. The State Zoning Enabling Act
    2. The Comprehensive Plan
    3. The Zoning Ordinance
  3. Protection of Expectations
    1. Nonconforming Structures and Uses
    2. Vested Rights
  4. Flexibility in Zoning
    1. Administrative Changes—Variances and Special Exceptions
    2. Legislative Decisions
    3. Community Decisions
  5. Review of Environmental Impacts
  6. Expanding the Goals of Zoning
    1. Aesthetic and Architectural Regulation
    2. Historic Preservation
    3. Growth Control
  7. Protecting Against Discrimination in Zoning
    1. Direct Discrimination
    2. Exclusionary Zoning
2. Federal Environmental Land Use Regulation
  1. Wetlands Preservation & the Clean Water Act
    1. The Reach of Federal Wetlands Authority
    2. What Activities Are Regulated?
    3. The Permitting Process
  2. The Endangered Species Act
    1. Overview
    2. Land Use Regulation
  3. The Reach of Federal Regulation
3. Regulatory Takings
  1. Antecedents and Foundations
  2. The Penn Central Balancing Test
  3. Bright Line Rules & Per Se Takings
  4. Takings and Time
    1. Takings Remedies
    2. "Temporary Takings" and Moratoria
    3. Coming to the Regulation
  5. Exactions
Index