ABSTRACT

Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

chapter |2 pages

Introduction

part I|80 pages

Getting Down to Cases

chapter Chapter 1|9 pages

Finding: Asking the Wrong Question

chapter Chapter 2|10 pages

The Rule in Shelley's Case: Staying Too Long

chapter Chapter 3|10 pages

Joint Tenancy: Accounting for Continuity

chapter Chapter 4|11 pages

Tenancy by the Entirely: Adapting to Change 1

chapter Chapter 5|9 pages

Leases: Misled by a Simile

chapter Chapter 6|6 pages

The Burden of an Easement: Playing a Word Game 1

chapter Chapter 7|12 pages

Covenants of Habitability: Doing the Right Thing

chapter Chapter 8|8 pages

Escheat: Picking Up the Pieces

part II|57 pages

Driving Forces

chapter Chapter 9|9 pages

Intention: The Law of Unintended Consequences

chapter Chapter 10|9 pages

Competition: The Race to the Bottom

chapter Chapter 11|11 pages

Fiction: Pious Fraud

chapter Chapter 12|9 pages

Labels: Argumentative Jargon

chapter Chapter 13|10 pages

Second Thoughts: Full Enlightenment?

chapter |3 pages

Afterword