The Oxford Introductions to U.S. Law: Property

Paperback | May 5, 2010

byThomas W. Merrill, Henry E. Smith

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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 givesstudents 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 conceptualfoundations of the law of property.

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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 givesstudents of property a coherent account of how pro...

Thomas W. Merrill is a professor of law at Columbia Law School, where he teaches in the areas of property, environmental law, natural resources, administrative law, and legislation. After graduating from Grinnell College and Oxford University, he received his J.D. from the University of Chicago, and then clerked for the Hon. David Baz...

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Format:PaperbackDimensions:284 pages, 7.01 × 10 × 2.01 inPublished:May 5, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019531476X

ISBN - 13:9780195314762

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Table of Contents

1. The Institution of PropertyExclusion and the Bundle of RightsThe Thing's the ThingGeneral Justifications, General ConcernsFurther Reading2. Original Acquisition and the Scope of Property ClaimsFirst PossessionDiscovery and CreationAccessionAdverse PossessionSequential Possession, Finders, and the Relativity of TitleThe Mosaic of Acquisition PrinciplesFurther Reading3. The Domain of PropertyThe Demsetz TheoryPersonhood ConstraintsInherently Public PropertyHybrid ResourcesFurther Reading4. Owners as GatekeepersLaws for Owner ProtectionSelf-HelpExceptions to the Right to ExcludeOwner PowersFurther Reading5. Dividing Property RightsEstates and Future InterestsHow the System WorksCo-OwnershipMarital InterestsFurther Reading6. Managing PropertyWhy Separate Management Authority from Other Incidents of Ownership?LeasingCommon Interest CommunitiesTrustsFurther Reading7. Land Transactions and Title RecordsLand Sale ContractsTitle RecordsMortgagesFurther Reading8. Neighbors and Neighborhood EffectsThe Coase TheoremTort Liability: NuisanceModification of Property Rights: EasementsContract: Covenants Running with the LandFurther Reading9. Government ForbearanceThe General Form of the ProblemSources of ForbearanceThe Rule of LawExplicit TakingsRegulatory TakingsFurther Reading