The Oxford Introductions to U.S. Law
Property
Published on 29. July 2010
Book
Paperback/Softback
284 pages
978-0-19-531476-2 (ISBN)
Description
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.
Reviews / Votes
"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
More details
Series
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 210 mm
Width: 140 mm
Thickness: 15 mm
Weight
351 gr
ISBN-13
978-0-19-531476-2 (9780195314762)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
04/2010
1st Edition
OUP eBook
€13.49
Available for download
E-Book
12/2009
1st Edition
OUP eBook
€13.49
Available for download
Persons
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 Bazelon, U.S. Court of Appeals for the D.C. Circuit, and the Hon. Harry Blackmun, U.S. Supreme Court.
Henry E. Smith is a Fessenden Professor of law at Harvard Law School, where he directs the Project on the Foundations of Private Law and teaches in the areas of property, intellectual property, natural resources, remedies, and taxation.
Henry E. Smith is a Fessenden Professor of law at Harvard Law School, where he directs the Project on the Foundations of Private Law and teaches in the areas of property, intellectual property, natural resources, remedies, and taxation.
Content
TABLE OF CONTENTS 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
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