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Property Law: Home

Resources available at LaValley Law Library relating to the area of Property Law


Property signifies dominion or right of use, control, and disposition which one may lawfully exercise over things, objects, or land. One of the basic dividing lines between property is that between real property and personal property. Generally, the term real property refers to land. Land, in its general usage, includes not only the face of the earth but everything of a permanent nature over or under it. This includes structures and minerals. - Legal Information Institute (last visited October, 22, 2019). 

Real Property

  • Present and Future Interests in Land
    • Present Interests
    • Future Interests
    • Classifying Present and Future Interests
    • Rules Against Restraints on Alienability
    • Ambiguous Conveyances and Numerus Clauses 
    • Future Interets and Alienability
    • Relations Between Present and Future Interest Holders - The Law of Waste
  • Co-ownership and marital interest
    • Tenancy in Common
    • Joint Tenancy
    • Tenancy by the Entirety 
    • Marital Property
  • Leasing Real Property - Landlord & Tenant Law
    • Types of Leasehold Estates
    • Negotiating the Lease
    • Delivery of Possession
    • Protection Against Discrimination
    • Covenant of Quiet Enjoyment and Constructive Eviction
    • Implied Warranty of Habitability
    • Landlords' Rights and Tenant's Duties 
    • Transferring the Lease
    • Abandonment and the Duty to Mitigate
    • Holdovers and the Tenancy at Sufferance 
    • Eviction
  • Real Estate Transactions
    • Brokers, Agents, and Law of Real Estate Professionals
    • Major Risks in Real Estate Transaction 
    • Title Issues
    • Physical Condition Issues
    • Other Major Contracting Issues
    • Closing and Deed Delivery
    • Real Estate Finance
  • Servitudes
    • Easements
    • Covenants that Run with the Land
  • Nuisance
  • Land Use Regulation
    • Zoning Fundamentals
    • Pre-existing Nonconforming Use
    • Variances, Special Exceptions, Zoning Amendments
    • Zoning and the First Amendment
    • Defining "Family" in the Zoning Context
    • Federal Statutes limiting Municpal Zoning Laws
  • Takings
    • Eminent Domain, "Just Compensation," and Public Use
    • Private Property, Taken, and the Regulatory Takings Problem 

Personal Property

  • The Law of Personal Property
    • The Rule of Capture
    • Bailments
    • Findings
    • Gifts of Personal Property
  • Possession of Real Property
    • Discovery
    • Adverse Possession
  • Exclusion
  • Property in the Human Body
  • Intellectual Property
  • Intangible Property 


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