Land Ownership and Use 'Cases, Statutes and Other Materials (hardcover) 1968

Description: This book represents one teacher's conclusions about the assembly of materials for a first-year property course. As such, the book reflects certain basic convictions about coverage, intra-cur-ricular relationships, the use of classroom time, the skills a lawyer should acquire, the role of courts, legislatures, and other decision-makers, and, not least, the interests and ambitions of the young people we teach. In general, the convictions are the following: First: Conveyancing does not belong in the first-year curricu-lum. Real estate transactions - as they are practiced today - are pregnant with considerations of income taxation, financing, and contract. Except possibly for contract, a beginning law student lacks the necessary background in these areas, and if we ignore them, we waste everyone's time. An additional iustification for deferring transactions until an advanced course is that they should be partly taught by the problem method and through exercises in drafting or negotiation - approaches to instruction that are better left to the second or third year. Second: It seems irrelevant to concentrate on future interests in a course that emphasizes land in present-day America. Except for the defeasible estates, which remain a common device for enforcing private and public conditions on the use or alienation of land, future interests now serve their major role as tools of estate plan-ning. Most students eventually take a course in wealth transmis-sion; there they can study future interests in a far more meaningful context. Third: Resource allocation, and the means to achieve it, deserve... (from preface)

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Location: Victor, New York

End Time: 2025-01-14T16:26:27.000Z

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