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Property Law: Rules, Policies, and Practices, Ninth Edition

Authors
  • Joseph William Singer
  • Bethany R. Berger
  • Nestor M. Davidson
  • Eduardo Moises Peñalver
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This hugely successful materials-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. This book is easily distinguished from other property casebooks for its plain-language descriptions of legal doctrine; explanations of the social ramifications of our system of property law; emphasis on statutory and regulatory interpretation; comprehensive treatment of public accommodations and fair housing law, tribal property issues, and intellectual property; and use of the problem method to teach legal reasoning and lawyering skills. Streamlined for more accessible teaching, the Ninth Edition has been thoroughly updated to reflect significant changes in the law of property, including developments in intellectual property, housing discrimination, regulatory takings, and more.

New to the 9th Edition:

  • Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes.
  • Streamlined to assist in making teaching from the casebook more accessible, without sacrificing coverage and depth.
  • New materials and problems have been added in an array of areas, including:
    • New lawyering exercises enabling students to parse doctrine and transactional and statutory language in ways to be tested on NextGen bar exam;
    • City of Grants Pass v. Johnson (2024), holding that the Eighth Amendment does not prevent the prosecution of homeless people for sleeping on the streets;
    • Developments in intellectual property, including Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (2023), on fair use in copyright, and Jack Daniels Properties, Inc. v. VIP Products, LLC (2023), on parody and trademarks;
    • Antitrust litigation against the realtor industry;
    • Shifts in fair housing law, including widening focus on algorithmic discrimination across the market for housing; and
    • Supreme Court developments in regulatory takings, including Tyler v. Hennepin County (2023), addressing the constitutional status of surplus equity after a foreclosure, and Sheetz v. County of El Dorado (2024), clarifying that legislative exactions are subject to the Nollan/Dolan analysis.

Professors and students will benefit from:

  • Clear, concise, accessible coverage of core property doctrines, through case law, statutes, and regulatory materials;
  • Fully updated engagement with contemporary controversies in our system of property; and
  • Excellent opportunities for problem- and exercise-based learning in every section.
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Table of Contents
SUMMARY OF CONTENTS

Contents 
Preface to the Ninth Edition 
A Guide to the Book 
How to Brief a Case and Prepare for Class 
Acknowledgments


PART ONE
PROPERTY IN A FREE AND DEMOCRATIC SOCIETY 
CHAPTER 1
Trespass: The Right to Exclude and Rights of Access 
CHAPTER 2
Competing Justifications for Property Rights
CHAPTER 3
What Can Be Owned?

PART TWO
RELATIONS AMONG NEIGHBORS
CHAPTER 4
Adverse Possession 
CHAPTER 5
Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment 
CHAPTER 6
Land Use and Natural Resources Regulation 
CHAPTER 7
Servitudes: Rules Governing Contractual Restrictions
on Land Use

PART THREE
OWNERSHIP IN COMMON 
CHAPTER 8
Concurrent, Family, and Entity Property 
CHAPTER 9
Present Estates and Future Interests 
CHAPTER 10
Leaseholds 

PART FOUR
THE LEGAL FRAMEWORK OF THE MARKET
FOR REAL ESTATE 
CHAPTER 11
Real Estate Transactions 
CHAPTER 12
Fair Housing Law 

PART FIVE
CONSTITUTIONAL PROTECTION FOR PROPERTY 
CHAPTER 13
Takings Law 

Table of Cases 
Table
of Statutes 
Index
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Professor Materials
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About the authors
Joseph William Singer
Harvard Law School

Professor Joseph William Singer began teaching at Boston University School of Law in 1984 and has been teaching at Harvard Law School since 1992. He was appointed Bussey Professor of Law in 2006. Singer received a B.A. from Williams College in 1976, an A.M. in political science from Harvard in 1978, and a J.D. from Harvard Law School in 1981. He clerked for Justice Morris Pashman on the Supreme Court of New Jersey from 1981 to 1982 and was an associate at the law firm of Palmer & Dodge in Boston, focusing on municipal law, from 1982 to 1984.

He teaches and writes about property law, conflict of laws, and federal Indian law, and has published more than 50 law review articles. He was one of the executive editors of the 2005 edition of Cohen's Handbook of Federal Indian Law. He has written a casebook and a treatise on property law, as well as two theoretical books on property called Entitlement: The Paradoxes of Property and The Edges of the Field: Lessons on the Obligations of Ownership.

Bethany Berger
University of Connecticut School of Law

Professor Bethany Berger is the Thomas F. Gallivan, Jr. Professor of Real Property Law at the University of Connecticut School of Law, where she teaches Property, American Indian Law, and Conflict of Laws. Her articles have appeared in the Michigan Law Review, California Law Review, UCLA Law Review, and the Duke Law Journal, among other publications, and have been excerpted and discussed in many casebooks and edited collections as well as in briefs to the Supreme Court and testimony before Congress.

Before entering academia, Professor Berger was the director of the Native American Youth Law Project at DNA-People's Legal Services, which serves the Navajo and Hopi reservations. She has served as a visiting professor at Harvard and Michigan, and as a judge for the Southwest Intertribal Court of Appeals.

Nestor Davidson
Fordham University School of Law

Professor Nestor Davidson received his B.A. from Harvard College and his J.D. from Columbia Law School. He clerked for Judge David S. Tatel of the United States Court of Appeals for the District of Columbia Circuit and Justice David H. Souter of the Supreme Court of the United States. His teaching and scholarship focus on property, land use, local government law, transactional lawyering in the public-private context, and affordable housing law and policy. He practiced with the firm of Latham & Watkins, focusing on commercial real estate and affordable housing, and has served as both Special Counsel and Principal Deputy General Counsel at the U.S. Department of Housing and Urban Development. Professor Davidson joined the faculty at Fordham Law School in 2011 and had been on the faculty of Colorado Law School since 2004.

Eduardo Penalver
University of Chicago Law School

Eduardo Peñalver received his B.A. from Cornell University and his law degree from Yale Law School. Between college and law school, he studied philosophy and theology as a Rhodes Scholar at Oriel College, Oxford. Upon completing law school, he clerked for Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit, and at the Supreme Court for Justice John Paul Stevens. His scholarship focuses on property and land use, as well as law and religion. His work explores the way in which the law mediates the interests of individuals and communities.

His writing on property has appeared in numerous leading law journals. His book, Property Outlaws (co-authored with Sonia Katyal), published by Yale University Press in February 2010, explores the vital role of disobedience within the evolution of property law. His most recent book, An Introduction to Property Theory (co-authored with Gregory Alexander), was published by Cambridge University Press in 2011.

Professor Penalver joined the Chicago faculty in 2013. Before arriving in Chicago, he taught at Cornell Law School (2006-2012) and Fordham Law School (2003-2006). He has also been a visiting professor at the Harvard and Yale Law Schools.

Product Information
Edition
Ninth Edition
Publication date
2025-09-19
Copyright Year
2025
Pages
42
Connected eBook with Study Center + Hardcover
9798894102542
Connected eBook with Study Center (Digital Only)
9798894102559
Subject
Property Law
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