Property and the Law of Finders

Author: Robin Hickey
Publisher: Bloomsbury Publishing
ISBN: 1847315550
Format: PDF, ePub
Download Now
Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.

Finders Keepers

Author: Terence Daintith
Publisher: Earthscan
ISBN: 1936331764
Format: PDF, ePub, Docs
Download Now
Since the beginnings of the oil industry, production activity has been governed by the 'law of capture,' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results. In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.


Author: D. Barlow Burke
Publisher: Aspen Publishers Online
ISBN: 0735570310
Format: PDF, Docs
Download Now
The focused coverage of Examples & Explanations: Property, Third Edition , along with the proven Examples & Explanations format, which combines textual material with well-written examples, explanations, and questions that test the reader's understanding of the material covered, makes this text an invaluable means for helping students master the intricacies of property law. Among the features that have made this study aid a success: eminently clear and readable text six-part topical organization that matches the coverage of most first-year property courses and follows the organization of the best selling property casebook by Dukeminier, Krier, Alexander & Schill rich pedagogy includes boldfaced legal terms and visual aids, such as charts and diagrams, especially for common-law estates--a topic that lends itself to diagrammatic presentation the authors address principal cases used in most leading casebooks skilled and experienced authorship by long-time teachers and scholars of property law New to the Third Edition: updated coverage of takings to include recent Supreme Court cases Tahoe-Sierra Preservation Council Inc. v. Tahoe Regional Planning Agency, Kelo v. New London, and Lingle v. Chevron U.S.A. expanded introduction to trusts with clear and detailed descriptions of a trust, a grantor, a trustee, a life beneficiary, and a remainderman new substantive material added to coverage of: the recording acts the Third Restatement of Property concerning Servitudes (covenants and equitable servitudes) Private Nuisance--Chapter 27--adjacent and subjacent support updated coverage of the Rule Against Perpetuities many examples and explanations have been revised for greater clarity and effectiveness language in the text has been simplified where needed for even greater accessibility With its focused coverage, concise format, and problem-based format, Examples & Explanations: Property, Third Edition, continues to provide Property students with the help and confidence they need to master this difficult first-year course.

Reappraisals in the Law of Property

Author: John V. Orth
Publisher: Routledge
ISBN: 131707081X
Format: PDF, ePub, Mobi
Download Now
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.

The law of property

Author: Ralph E. Boyer
Publisher: West Group
Format: PDF, Docs
Download Now
Personal Property: Rights of Possessors, Rights of Finders, The Rule of Capture; Bailments; Gifts Including Bank Accounts; Possessions and Adverse Possession; Estates and Future Interests; Construction of Deeds and Wills Concerning Present Possessory Freehold Estates; Classification of Future Interests; Special Rules Governing Future Interests; Landlord and Tenant Law; Servitudes: Easements, Covenants, Equitable Servitudes; Nuisance; Legislative Control Over Land Use: Zoning; Takings Clause; Housing Discrimination; Cooperatives; Condominiums; Homeowners Associations; Vendor and Purchaser: Land Sale Contract; Evolution of the Modern Deed; Conveyancing by Deed; Assurance of Title; Real Estate Finance.

Consequences of Possession

Author: Reid Elspeth Descheemaeker Eric
Publisher: Edinburgh University Press
ISBN: 0748693653
Format: PDF, Mobi
Download Now
The first coherent analysis of the topic of possession from a comparative and historical legal perspective. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).

Finders Keepers

Author: Virginia M. Bolen
Publisher: iUniverse
ISBN: 0595616550
Format: PDF, Mobi
Download Now
When author Virginia M. Bolen found a watch in the parking lot of the shelter in which she volunteered in August of 1997, she had no idea the trouble that would follow. In Finders Keepers, she shares her story of being arrested and charged with felony theft in a small town in Montana. This accounts narrates Bolen’s encounter with a justice system run amuck. She describes what happened to her and how she fought back over a period of years to gain vindication. She was harassed, intimidated, jailed, and pilloried in the press for a crime that law enforcement knew she didn’t commit. Through her own words, public records, correspondence, and newspaper articles, she portrays the personalities involved, including jail inmates (even the girlfriend of a serial killer), sheriff’s deputies, county attorneys, bridge players, the mother of a world champion poker player, and a Montana State Senator. Finders Keepers gives insight into the personalities and mindset of authorities, who ignoring facts and common sense, persist in yielding their power. It’s a case that’s been followed by the legal community, even outside of Montana, because of its challenge to prosecutorial immunity.

Concentrate Questions and Answers Land Law

Author: Peter Luxton
Publisher: Oxford University Press
ISBN: 0198745249
Format: PDF, Kindle
Download Now
Concentrate QandA Land Law offers unrivalled exam and coursework support for when you're aiming high.The new Concentrate QandA series is the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The result is a series that offers you better support and a greater chance to succeed on your law course than any of its rivals. This essential studyguide contains a variety of model answers to give you the confidence to tackle any essay or problem question, and the skills you need to excel.* Knowing the right answer is a start, knowing how to structure it gets you the highest marks: annotated answers guide you step by step through the structure of a great answer, and show you how to ensure you focus on the heart of the question * Recognize and recall: user-friendly layout ensures that it is easy to find key information, and diagram answer plans help you visualize how to plan and structure your answers* Aim high: avoid common mistakes, use the further reading suggestions to help you take things further and demonstrate your understanding of key academic debates to really impress* Don't just rely on the exam to pick up your marks: a unique coursework skills chapter offers advice on researching, referencing and critical analysis - not available in any other QandA series This study guide is also accompanied by a wealth of online extras at which include: * Additional essay and problem questions for you to practise your technique. Questions are annotated, highlighting key terms and legal issues to help you plan your own answers. An indication of what your answers should cover is also provided.* Video guidance on how to put an answer plan together * Online versions of all the diagram answer plans from the book* A glossary of key terms* Podcasts from expert examiners on revision and exam technique, coursework technique, and advice on how to tackle other assessment methods such as MCQs and presentations