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Index
Cover Page
Title Page
Copyright Page
Dedication
Acknowledgments
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
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