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Glannon Guide to Property: Learning Property Through Multiple-Choice Questions and Analysis, Third Edition

James C. Smith


  • ISBN: 9781454891826

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  • Description

    Following the established format of Aspen’s well-received Glannon Guide Series, Glannon Guide to Property: Learning Property Through Multiple-Choice Questions and Analysis, Third Edition, offers students a concise, clear, effective review of Property topics organized around the theme of multiple-choice questions. Brief explanatory text about the topic under discussion is followed by one or two multiple-choice questions. After each question, the author explains how the correct choice was chosen, providing the student not only with a review of the course content but also with tips on how to analyze exam questions. This book is also valuable for students to use when preparing for the real property part of the multistate bar exam. 

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  • Details
    Page Count 420
    Published 01/20/2015
  • Additional Product Details


    Chapter 1: A Very Short Introduction

    Chapter 2: Finders of Personal Property
    A. The General Rule
    B. The Public/Private Place Distinction
    C. Mislaid Property
    D. Abandoned Property
    E. Treasure Trove
    F. The Closer: Other Factors

    Chapter 3: Gifts of Personal Property
    A. The Basic Elements
    B. Physical Delivery
    C. Constructive and Symbolic Deliveries
    D. Acceptance
    E. Gift Causa Mortis
    F. The Closer: Gifts of Future Interests

    Chapter 4: Intellectual Property
    A. Patents
    B. Copyrights
    C. Trademarks
    D. Trade Secrets
    E. Misappropriation
    F. Right of Publicity
    G. The Closer: Distinguishing among the IP Categories

    Chapter 5: Adverse Possession of Real Property
    A. The Basic Concept: Wrongful Possession
    B. Standard Elements and Policies
    C. Adverse Possession and Record Title
    D. Color of Title and Constructive Adverse Possession
    E. Open and Notorious Possession
    F. Hostile and Adverse Possession
    G. Exclusive Possession
    H. Continuous Possession and Tacking
    I. Disability Provisions
    J. The Closer: State of Mind

    Chapter 6: Adverse Possession of Personal Property
    A. Adverse Possession Elements
    B. Discovery Rule
    C. Demand and Refusal Rule
    D. The Closer: True Owner Obtains Possession Extrajudicially

    Chapter 7: Fee Simple Estates
    A. Some Basic Principles
    B. Creation of Fee Simple at Common Law: Words of Inheritance
    C. Creation under Modern Statutes: Presumption of Fee Simple
    D. Rebutting the Presumption of Fee Simple
    E. The Closer: Dying without Heirs

    Chapter 8: Defeasible Estates
    A. The Nature of Defeasible Estates
    B. What Language Makes an Estate Defeasible?
    C. The Fee Simple Determinable
    D. The Fee Simple Subject to Condition Subsequent
    E. The Fee Simple Subject to Executory Limitation
    F. The Closer: Distinguishing Cutting Short an Estate and the Natural Expiration of an Estate

    Chapter 9: Life Estates
    A. The Nature of the Life Estate
    B. Legal and Equitable Life Estates
    C. The Doctrine of Waste
    D. The Closer: Continuing an Ongoing Activity

    Chapter 10: Reversions and Remainders
    A. Distinguishing Reversions and Remainders
    B. Types of Remainders
    C. Distinction between the Contingent Remainder and the Vested Remainder Subject to Complete Divestment
    D. Alternative Contingent Remainders
    E. The Closer: Stripping the Share of a Deceased Grantee

    Chapter 11: Executory Interests
    A. The History of Executory Interests
    B. Active Trusts
    C. Distinction between Springing and Shifting Executory Interests
    D. The Divesting Effect of Executory Interests
    E. The Closer: Taking Away a Trust Beneficiary’s Interest

    Chapter 12: Rule against Perpetuities
    A. Background to the Rule
    B. Future Interests That Are Subject to the Rule
    C. The Basic Concept: An Event That May Take Place Far in the Future
    D. The Concept of Measuring Lives
    E. Class Gifts: The Problem of the Afterborn Person
    F. Statutory and Judicial Reforms
    G. The Closer: Who Graduates from High School?

    Chapter 13: Cotenants
    A. Right to Shared Possession
    B. Ouster
    C. Tenancy in Common
    D. Joint Tenancy
    E. The Closer: Tracing Cotenancy Interests through the Generations

    Chapter 14: Marital Property
    A. Tenancy by the Entirety
    B. Death
    C. Divorce
    D. Community Property
    E. The Closer: Treatment of Real Property Held by Both Spouses at Divorce

    Chapter 15: Leasehold Estates
    A. Nature of Leasehold Estates
    B. Tenancy for Years
    C. Periodic Tenancy
    D. Tenancy at Will
    E. Tenancy at Sufferance
    F. The Closer: Keeping Straight the Leasehold Estates

    Chapter 16: Quiet Enjoyment and Condition of Leased Premises
    A. Creation of Covenant of Quiet Enjoyment
    B. Identity of Wrongdoer
    C. Actual Eviction
    D. Constructive Eviction
    E. Condition of Premises: Caveat Emptor
    F. Implied Warranty of Habitability
    G. The Closer: Review of the Tenant’s Options

    Chapter 17: Landlord’s Remedies
    A. Tenant’s Default
    B. Tenant’s Abandonment
    C. Collection of Rent
    D. Mitigation of Damages
    E. Eviction Procedures
    F. The Closer: Destruction of Improvements by Casualty

    Chapter 18: Subleases and Assignments
    A. Nature of Sublease
    B. Nature of Assignment
    C. Distinction between Sublease and Assignment
    D. Lease Restrictions
    E. The Closer: Rent Liability after Multiple Assignments

    Chapter 19: Real Estate Contracts of Sale
    A. Statute of Frauds
    B. Part Performance and Equitable Estoppel
    C. Equitable Conversion and Risk of Loss
    D. Property Quality and Seller’s Duty to Disclose Defects
    E. Marketable Title
    F. The Closer: Contract to Sell Adversely Possessed Land

    Chapter 20: Deeds
    A. Covenants of Title
    B. Quitclaim Deeds
    C. Delivery
    D. Defects in Deeds
    E. The Closer: Estoppel by Deed

    Chapter 21: Mortgages
    A. The Nature of the Mortgage
    B. Mortgage Theories: Does the Lender Have Title or a Lien?
    C. Deficiency or Surplus after Foreclosure
    D. The Closer: Borrower’s Transfer of Mortgaged Property

    Chapter 22: Recording System
    A. How Recording Acts Modify the Common Law
    B. Types of Recording Acts
    C. The Meaning of Notice
    D. Unrecorded Interests Noticeable from Inspection of Land
    E. Payment of Value
    F. The Closer: Chain of Title Problems

    Chapter 23: Easements
    A. Appurtenant Easements and Easements in Gross
    B. Affirmative Easements, Negative Easements, and Profits
    C. Transfers of Easements
    D. Granting an Easement to a Third Party
    E. The Scope of Easements
    F. Easements Implied from Prior Use
    G. Easements by Necessity
    H. Prescriptive Easements
    I. Duration of Easements
    J. The Closer: Planning for Access When Subdividing a Parcel

    Chapter 24: Covenants
    A. Traditional Real Covenant
    B. Horizontal Privity of Estate
    C. Rise of the Equitable Servitude
    D. Intent that Covenant Runs
    E. Negative and Affirmative Covenants
    F. Touch and Concern Requirement
    G. Vertical Privity of Estate
    H. Interpretation of Covenants
    I. Change of Circumstances and Abandonment
    J. The Closer: Reciprocal Negative Easement

    Chapter 25: Nuisance
    A. The Classic Perspective: Substantial Harm
    B. Modern Balancing of Utilities
    C. Nuisance Immunity
    D. Nuisance Per Se
    E. The ‘‘Coming to the Nuisance’’ Defense  
    F. The Closer: Priority in Time

    Chapter 26: Zoning
    A. The Constitutionality of Zoning
    B. The Separation of Land Uses
    C. Zoning Ordinance Amendments
    D. Nonconforming Uses
    E. Variances
    F. Special Exceptions and Special Permits
    G. Performance Zoning
    H. The Closer: A New, Tough Tree Ordinance

    Chapter 27: Takings
    A. The Public Use Requirement
    B. Just Compensation
    C. Regulatory Takings
    D. Physical Invasions
    E. Judicial Takings
    F. The Closer: Transferable Development Rights

    Chapter 28: Closing Closers: Some Practice Questions