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Book Review: Cases and Materials on Rights in Land, 51 Yale Law Journal 181 (1941)

Abstract

Tis smallish volume in an expanding field shows the craftsman's touch within its chosen purpose. It follows tie traditional division of Property as originally fashioned by John C. Gray and followed in many law schools and casebooks since. Among these Dean Bigelow's Cases on Rights in Land has always been popular. I had the honor of reviewing the first edition of Bigelow more years ago than I like to remember [(1920) 29 Yale L. J. 477], it is interesting to see how much of what I there said could be repeated here. For the present volume takes the subject much as the older books plotted it out--with some few eliminations of topics, such as public rights and the traditional historical introduction to land law--and brings it down to date in ways which Gray would have found fitting and proper. Here are the new decisions, the recent and pending Restatements, much of the new law review material. The work is therefore up to the minute, and yet it is a boon to teachers and curriculum fashioners in that it is briefer than other books on what we always called "Property II." For Personal Property, that conglomeration of leftovers from Sales and Torts, was Property I, and the topics of conveyances, tiles, estates, and future interests came later, with their own appropriate Roman numbers. Property II is slightly conglomerate itself; it deals with "Possessory Interests"--earth, air, land, and water--subjects which the restaters have relegated to "Torts," and with "Interests in the Land of Another," which is, aptly enough, to be restated by "the Property II group." Nevertheless, this arrangement of subject matter has survived in most law schools; and they need up-to-date books as tools of the trade. Hence, this new volume amply justifies itself.

Date of Authorship for this Version

1941

Keywords

Book Review: Cases and Materials on Rights in Land, 51 Yale Law Journal 181 (1941)

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