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American Law of Real Estate » (1st Edition)

Book cover image of American Law of Real Estate by J. David Reitzel

Authors: J. David Reitzel, Robert B. Bennett, Michael J. Garrison
ISBN-13: 9780324143683, ISBN-10: 0324143680
Format: Hardcover
Publisher: Cengage Learning
Date Published: December 2001
Edition: 1st Edition

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Author Biography: J. David Reitzel

J. David Reitzel is Professor of Business Law, California State University, Fresno. Before that, he was professor and Chairman of the department of Business Law at The American College, Bryn Mawr, Pennsylvania, and Professor of Business Law at St. Cloud State University in Minnesota. Professor Reitzel holds a J.D. degree from Indiana University and B.S. and M.S. degrees from Purdue University. Admitted to the Indiana and federal bars in 1969, Professor Reitzel has served as Editor-in-Chief of The American Business Law Journal and has written numerous articles and papers, many dealing with business law education, environmental law, and real estate law. In 1992, he received the Ralph C. Hoeber award for Critical Thinking and the Business Law Curriculum", an article appearing in the Journal of Legal Studies Education. He is the lead co-author of Contemporary Business Law and the Legal Environment. (McGraw-Hill, 5th Ed.) "

Robert B. Bennett, Jr. is Associate Professor of Business Law at Butler University, Indianapolis, Indiana, where he has received twelve awards for outstanding teaching and five awards for outstanding research. Before coming to Butler, he spent 11 years as an attorney in private practice specializing in real estate related business transactions. He has written and spoken extensively on real estate topics, including real estate law and practice, condominium and multi-family development and documentation, and title insurance.Recently, Mr. Bennett was Editor-in-Chief of the Journal of Legal Studies Education.

Michael J. Garrison is Associate Professor of Business Law in the College of Business Administration at North Dakota State University, where he has also served as the Associate Dean and the Coordinator of Accounting. He received his J.D. degree from the University of North Dakota School of Law, graduating first in his class. A member of the order of the Coif, he has authored numerous journal articles and conference proceedings and is a co-author of Contemporary Business Law and the Legal Environment (McGraw- Hill, 5th Ed.). He has been a staff editor for the American Business Law Journal and the Midwest Law Review and serves as a reviewer for the Journal of Public Policy & Marketing. Professor Garrison has been honored for his teaching and his research. In 1988 and again in 1990, he received the Ralph C. Hoeber Award and the Articles Editor Award for the best major article in the American Business Law Journal. In 1992, he was named the Teacher of the Year in the College of Business Administration at NDSU. Before joining the faculty in the College, he was engaged for five years in the practice of law. He has extensive practical experience in commercial litigation, including real estate foreclosure actions. He continues to practice law as Of Counsel" for a Fargo law firm."

Book Synopsis

The authors' goals are to minimize the surprises real estate law may present to developers, vendors, and purchasers as they cross state lines; provide information useful to a broad audience; and to minimize undergraduate students' frustration level via learning aids including self-study questions, case problems, and an extensive glossary of terms. Chapters examine the nature of real estate law and ownership; sales transactions; real estate leasing, improving, and investing; and taxation and regulation (including natural resources and agricultural law). Instructors' auxiliary material is available. Reitzel is a business law professor at California State U., Fresno. His coauthors teach business law at Butler U. and North Dakota State U., respectively. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Table of Contents

Prefacexv
About the Authorsxvii
Part INature of Real Estate Law; Ownership of Real Estate
Chapter 1Nature and Sources of American Land Law3
Chapter 2Ownership Rights and Liabilities; Role of Insurance32
Chapter 3Interests in Real Property--An Overview; Freehold Estates67
Chapter 4Nonownership Interests: Easements, Profits, and Licenses91
Chapter 5Co-ownership of Real Estate; Marital Interests124
Chapter 6Acquiring Ownership of Real Estate158
Part IIThe Real Estate Sales Transaction
Chapter 7Locating a Ready, Able, and Willing Buyer: Role of Real Estate Brokers193
Chapter 8Reaching Agreement: Elements of the Real Estate Sales Contract222
Chapter 9Assuring the Purchaser of Marketable Title253
Chapter 10Financing the Purchase of Real Estate: Mortgages, Deeds of Trust, and Other Security Arrangements288
Chapter 11Closing the Real Estate Sales Transaction325
Part IIILeasing and Improving Real Estate; Condominiums and Real Estate Investments
Chapter 12Leasing Real Estate and the Landlord-Tenant Relationship353
Chapter 13Commercial Leasing: The Landlord-Tenant Relationship in a Business Context380
Chapter 14Improving Real Estate: Construction and Development; Mechanics' Liens415
Chapter 15Condominiums and Other Co-ownership Arrangements; Real Estate Investments447
Part IVTaxation and Regulation of Real Estate; Natural Resources and Agricultural Law
Chapter 16Taxation, Regulation, and the Power of Eminent Domain: Government Revenue and Control Measures477
Chapter 17Zoning and Restrictive Covenants516
Chapter 18Environmental Law: Protecting the Land, Air, Water, and Ecosystem544
Chapter 19Water Rights, Natural Resources, and Agricultural Law571
Glossary599
Index621

Subjects