You are not signed in. Sign in.

List Books: Buy books on ListBooks.org

Property » (6th Edition)

Book cover image of Property by Jesse Dukeminier

Authors: Jesse Dukeminier, James E. Krier, Gregory S. Alexander
ISBN-13: 9780735557925, ISBN-10: 0735557926
Format: Hardcover
Publisher: Wolters Kluwer Law & Business
Date Published: March 2006
Edition: 6th Edition

Find Best Prices for This Book »

Author Biography: Jesse Dukeminier

Book Synopsis

This highly respected and widely used casebook — long recognized by both students and instructors as one of the best available for any course — continues to offer a dynamic and distinctive introduction to the law of property. Carefully preserving the excellent foundation created by original authors the late Jesse Dukeminier and James Krier, PROPERTY, Sixth Edition, incorporates a wealth of new material.

What makes PROPERTY such an ideal casebook?


• a unique blend of wit, erudition, insight, and playfulness
• engaging structure that encompasses cases, text, questions, problems, visual illustrations, and examples
• modular organization makes the book highly adaptable to a range of syllabi and equally well suited for use in property courses with different emphases and credit hours
• distinctive sense of humor and human-interest perspective
• comprehensive coverage of property topics, including in-depth treatment of estates and future interests, servitudes, and land-use controls
• cases are enhanced and connected to broader legal principles by well-written notes, questions, and problems
• the authors employ an accessible 'economic lens' as a tool for thinking critically about property — with the caveat that 'the economics in the book can be managed easily... even by the totally uninitiated; it can also be ignored or even scorned.'
• extensive Teacher's Manual that answers every question and problem in the casebook, provides brief comments, and offers deeper analysis and observations

Changes for the Sixth Edition reflect meticulous updating:


• James Krier is joined by new coauthors Gregory Alexander and Michael Schill in integrating new developments while carefully retaining the distinctive character of this highly successful casebook
• Intellectual Property materials are substantially revised to incorporate cases recommended by users and decrease the emphasis on cyberspace
• the Takings chapter is fully updated with new developments and recent Supreme Court cases, including Tahoe Sierra and Kelo v. New London
• chapters on Estates and Future Interests are shortened by deleting older materials on the Rule Against Perpetuities (RAP) and adding newer materials on the RAP and Dynastic Trusts
• real estate transaction coverage is enhanced by: a shorter, more up-to-date description of a typical transaction; an updated sales contract; a new section on brokers with a case on broker fiduciary duty; new text on multiple listing services, antitrust implications, and broker commissions; e-signatures and the statute of frauds; remedies for breach of real estate sales contracts, including two new cases on the calculation of damages, rescission, and retention of deposit; and new emphasis on how the law of real property differs from the law of contracts and the UCC
• prudent trimming of the materials on Equitable Servitudes, particularly on touch and concern and vertical privity requirements
• for professors who prefer to devote less time to future interests, a new, optional 'short form' version appears in the completely updated Teacher's Manual

Visit the companion website for Property, Sixth Edition, where you can find more information about the book and authors.

Table of Contents

List of Illustrations
Preface to the Fifth Edition
From the Preface to the First Edition
Acknowledgments
Pt. IAn Introduction to Some Fundamentals1
Ch. 1First Possession: Acquisition of Property by Discovery, Capture, and Creation3
Ch. 2Subsequent Possession: Acquisition of Property by Find, Adverse Possession, and Gift107
Pt. IIThe System of Estates (Leaseholds Aside)195
The Nature of the Judicial Process196
Ch. 3Possessory Estates197
Ch. 4Future Interests269
Ch. 5Co-ownership and Marital Interests339
Pt. IIILeaseholds: The Law of Landlord and Tenant443
Ch. 6Tradition, Tension, and Change in Landlord-Tenant Law445
Pt. IVTransfers of Land557
Ch. 7The Land Transaction559
Ch. 8Title Assurance661
Pt. VLand Use Controls745
Ch. 9Judicial Land Use Controls: The Law of Nuisance747
Ch. 10Private Land Use Controls: The Law of Servitudes781
Ch. 11Legislative Land Use Controls: The Law of Zoning951
Ch. 12Eminent Domain and the Problem of Regulatory Takings1093
Table of Cases1239
Author Index1249
Subject Index1255

Subjects