Real Estate (4th Edition) (A Concise Treatise on American Law · Photocopy Edition)

Author: Roger H. Bernhardt
Publisher:
Publication Date: 2004-01-29
Features: The content of this book is divided into three parts. The first part discusses the types of real property interests recognized by U.S. property law. U.S. property law holds that the owner of real property does not own the land itself but rather the estate (or interest) in the land. These land estates primarily include fee simple, fee tail, life estate, future interests, tenancy for years, periodic tenancy, tenancy at will, and others; they also include various forms of joint ownership of real property, as well as easements, covenants running with the land, and equitable servitudes. The second part covers the transfer of real property. Due to the unique nature of land and the complexity of land estates, its transfer is governed by rules different from those governing the transfer of personal property. This part primarily addresses the rights and obligations of buyers and sellers of land estates, the registration system for land interests, and real estate mortgages. The third part covers other topics in property law, mainly divided into two sections. One section involves traditional common law principles, such as the rights of landowners to space, water sources, and the right to lateral support from neighboring land, as well as issues related to fixtures on real property and nuisance. The other section concerns government regulation of land use. As mentioned earlier, the author of this book provides a clear picture of U.S. property law for us. However, what is more important for us is not just understanding these rules but also understanding the principles behind them. Specific rules are often not transferable, but the underlying principles can serve as inspiration and reference.