Property: Volume 2 | Christian Turner
Property: Volume 2
first Edition

Property: Volume 2

by Christian Turner

Christian Turner, Property II, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License. CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission. Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may not use this book’s cover art and the aforementioned logos, or any derivative thereof, to imply endorsement or otherwise without written permission from CALI.

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This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.


Christian Turner teaches courses in property, land use, legal theory, and the regulation of information. His research interests are in the public/private distinction and institutional analysis. Drawing from his mathematical training, he is interested in both the logic and illogic of the law -- and in understanding seemingly complex and diverse legal principles as consequences of basic, trans-substantive ideas. Prior to joining the faculty at the University of Georgia, Christian was a Visiting Assistant Professor at Fordham Law School, worked at Wiggin and Dana law firm in New Haven, and clerked for Judge Guido Calabresi on the Second Circuit. He is a graduate of Stanford Law School and holds a Ph.D. in mathematics from Texas A&M University.


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Property: Volume Two
About the Author
Chapter One More on Adverse Possession
1.1 - Personal Property
1.2 - Encroachments
1.3 - Improving Trespassers
1.4 - Problem
Chapter Two Temporal Sharing of Land
2.1 - Estates in Land
2.1.1 - Introduction
2.1.2 - Interpretation
2.1.3 - Problems
2.2 - Rule Against Perpetuities
2.3 - Restraints on Marriage
2.4 - Waste
Chapter Three Leaseholds
3.1 - Eviction
3.2 - Tenant Duties
3.3 - Landlord Duties
3.4 - Problems
Chapter Four Shared Ownership
4.1 - Tenancies in Common
4.2 - Joint Tenancies
4.3 - Tenancies by the Entirety
4.4 - Relationships and Property
4.4.1 - Marriage and Divorce
4.4.2 - Professional Degrees
4.4.3 - Unmarried Partners
4.4.4 - Children's Claims on Family Assets
Chapter Five Easements
5.1 - Easements by Estoppel
5.2 - Easements by Implication
5.3 - Easements by Necessity
5.4 - Scope and Overburdening
5.5 - Easements in Gross
Chapter Six Covenants
6.1 - Formation
6.1.1 - Written Covenants and Running with the Land
6.1.2 - Implied Covenants
6.2 - Changed Conditions
6.3 - Regulation
6.3.1 - Restraints on Alienation
6.3.2 - Racist Conditions
6.4 - Review Problems
Chapter Seven Sovereigns and Individuals
7.1 - Sovereignty
7.2 - Private Government
7.3 - Public Accommodations
7.3.1 - Common Law
7.3.2 - Civil Rights Acts
7.3.3 - Americans with Disabilities Act
7.4 - Takings
7.4.1 - Eminent Domain
7.4.2 - Regulatory Takings