Contents

CHAPTER 1

The Institution of Property

 

Exclusion and the Bundle of Rights

 

The Thing’s the Thing

 

General Justifications, General Concerns

 

Further Reading

CHAPTER 2

Original Acquisition and the Scope of
Property Claims

 

First Possession

 

Discovery and Creation

 

Accession

 

Adverse Possession

 

Sequential Possession, Finders, and the
Relativity of Title

 

The Mosaic of Acquisition Principles

 

Further Reading

CHAPTER 3

The Domain of Property

 

The Demsetz Theory

 

Personhood

 

Inherently Public Property

 

Hybrid Resources

 

Further Reading

CHAPTER 4

Owners as Gatekeepers

 

Laws for Owner Protection

 

Self-Help

 

Exceptions to the Right to Exclude

 

Necessity

 

Custom

 

Public Accommodation Laws

 

Antidiscrimination Laws

 

Owner Powers

 

Licenses

 

Bailments

 

Abandonment and Destruction

 

Transfer by Sale, Gift, and Inheritance

 

Further Reading

CHAPTER 5

Dividing Property Rights

 

Estates and Future Interests

 

How the System Works

 

Co-Ownership

 

Marital Interests

 

Further Reading

CHAPTER 6

Managing Property

 

Why Separate Management Authority from Other
Incidents of Ownership?

 

Leasing

 

Property and Contract

 

Models of the Lease Contract

 

Implied Warranty of Habitability

 

Transferring Leasehold Interests

 

Common Interest Communities

 

Trusts

 

Further Reading

CHAPTER 7

Land Transactions and Title Records

 

Land Sale Contracts

 

Title Records

 

Mortgages

 

Further Reading

CHAPTER 8

Neighbors and Neighborhood Effects

 

The Coase Theorem

 

Tort Liability: Nuisance

 

Modification of Property Rights: Easements

 

Contract: Covenants Running with the Land

 

Public Regulation: Zoning

 

Further Reading

CHAPTER 9

Government Forbearance

 

The General Form of the Problem

 

Sources of Forbearance

 

The Rule of Law

 

Procedural Due Process

 

Vested Rights

 

Stare Decisis

 

Waivers of Sovereign Immunity

 

Explicit Takings

 

Public Use

 

Just Compensation

 

Regulatory Takings

 

Further Reading

 

Index