Powell on Real Property®

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Print Book:17 volumes, loose leaf, updated quarterly
ISBN: 9780820515502
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ISBN: 9781579117580
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Cited More Than Any Other Treatise on Real Property Law, and cited multiple times by the U.S. Supreme Court over the last decade.

Powell on Real Property® is the definitive and modern real property treatise you've been looking for. Also included are exclusive extras written by General Editor Michael Allan Wolf, including:

•   The Supreme Court Update, an annual review of Supreme Court cases affecting real property interests
•   Powell in the Courts, a quarterly analysis of recent case law citing Powell, released 4 times per year along with the updates to the treatise.

Updated analysis of complex property issues related to Rails-to-Trails.
Some of the most contested property disputes of the late twentieth and early twenty-first centuries have concerned the conversion of railroad corridors to public uses such as recreational trails. Such disputes are the subject of new Chapter 78A, Rails-to-Trails: Conversion of Railroad Corridors to Recreational Trails, written by Professor Danaya C. Wright.

Updated information and analysis on Green Buildings.
Why do real estate attorneys need to know about them? General Editor Michael Allan Wolf explains in new Chapter 78B, Green Buildings, as he explores the green building phenomenon--the forces coming together to integrate building design and construction practices furthering energy efficiency, resource conservation, and the protection of the environment.

Authoritative Coverage that the courts look to and cite.
Powell’s authoritative, national coverage includes unmatched in-depth analysis of the pertinent case law, statutes, and regulations. Over 130 chapters and several practice guides cover the gamut of real estate issues with clear explanations of the current law. Critical topical analysis from experts in the field includes:

•  Americans with Disabilities Act: public accommodations and commercial facilities
•  Effect of bankruptcy law on real property transactions and interests
•  Condominiums, cooperatives, homeowner associations, and timesharing
•  Conveyancing
•  Deeds, recording acts, and title insurance
•  Easements, licenses and restrictive covenants
•  Eminent domain
•  Landlord and tenant law
•  Land use planning and regulation
•  Mortgages, liens and foreclosures
•  Tax aspects of real estate transactions and investments
•  Effect of telecommunications laws on real property interests
•  Property disputes related to conversion of railroad corridors to recreational trails and other public uses (rails-to-trails)
•  Green buildings
•  Zoning & Fracking

Written and updated by leading authorities and practitioners from across the nation.
Statements of law are supported by abundant citations to statutes, regulations, case law, law review commentary, and more. For more than half a century, Powell on Real Property® has been the one source to turn to for the answers to real property law questions in America. With its unparalleled breadth and depth of coverage, it still is.

U.S. Supreme Court opinions citing Powell on Real Property® include:

United States Forest Serv. v. Cowpasture River Pres. Ass'n, 2020 U.S. LEXIS 3251
Murr v. Wisconsin, 137 S. Ct. 1933 (2018) (Roberts, C.J., dissenting)
Georgia v. Randolph, 547 U.S. 103 (2006)
Hibbs v. Winn, 542 U.S. 88 (2004)
Eldred v. Ashcroft, 537 U.S. 186 (2003)
United States v. Craft, 535 U.S. 274 (2002)

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.


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Table of contents

Volume 1 

Part I. Introduction
Supreme Court Update
Powell in the Courts
Chapter 1. Scope of the Treatise
Chapter 2. Social Evolution of the Institution of Property
Chapter 3. English Background on Land Tenure
Chapter 4. Sources of American Law
Chapter 5. Basic Terminology

Part II. Capacity to Hold and to Deal with Interests in Land
Chapter 6. Real Property Rights of Natural Persons
Chapter 7. Real Property Rights of Unincorporated Groups
Chapter 8. Real Property Rights of Private Corporations
Chapter 9. Capacities of Fiduciaries Regarding Real Property
Chapter 10. Governmental Instrumentalities
Practice Guide 1. Federal Tax Issues Affecting Real Estate
Chapter 10A. Choice of the Vehicle for Acquiring, Holding or Improving Real Property
Chapter 10B. Tax Aspects of Real Estate and Real Estate Sales

Part III. Permissible Interests in Land
Chapter 11. Introduction to Permissible Interests in Land
Chapter 12. Classification of Present Possessory Interests
Chapter 13. Estates in Fee Simple

Volume 2
Chapter 14. Estates in Fee Simple Conditional, Estates in Fee Tail and Related Estates
Chapter 15. Estates for Life Practice Guide 2. Landlord-Tenant
Chapter 16. The Landlord and Tenant Estates: Creation and Characteristics
Chapter 16A. Rent and Rent Control
Chapter 16B. Tenant's Rights and Remedies
Chapter 17. Landlord's Rights and Remedies
Chapter 17A. Modern Commercial Leasing
Chapter 18. Miscellaneous Possessory Interests in Land: Sharecropping Agreements, Cemetery Lots & Homesteads
Chapter 18A. Airspace Projects
Chapter 18B. Mobile and Manufactured Homes

Volume 3
Chapter 19. Introduction to Future Interests
Chapter 20. Future Interests Defined and Differentiated
Chapter 21. Transferability of Future Interests
Chapter 22. Protection of Future Interests
Chapter 23. Failure of an Interest: Effect on Prior or Succeeding Interests
Chapter 24. The Creation of Future Interests and Applicable Rules of Construction
Chapters 25-26. [Reserved]
Chapter 27. Requirement of Survival
Chapter 28. Dispositive Transfers Over on Death or on Death Without Issue
Chapter 29. Miscellaneous Construction Problems
Chapter 30. Class Gifts―Limitations to Children, Grandchildren, Brothers, Sisters, Nephews, Nieces, Cousins, Issue, Descendants, or Family
Chapter 31. Class Gifts―Limitations to Heirs, Heirs of the Body, Next of Kin or Relatives
Chapter 32. [Reserved]
Chapter 33. Powers of Appointment

Volume 4
Chapter 34. Easements and Licenses
Chapter 34A. Conservation Easements
Chapter 35. The Relationship Between Franchises and Real Property Law
Practice Guide 3. Acquisition and Financing
Chapter 36. Security Interests―Introduction
Chapter 37. Mortgages and Mortgage Foreclosures
Chapter 37A. The Impact of the Truth in Lending Act and RESPA Upon Real Estate Financing
Chapter 37B. The Wrap-Around Mortgage
Chapter 37C. Construction Lending

Volume 5
Practice Guide 3A. Liens and Encumbrances
Chapter 38. Statutory Liens of Nongovernmental Creditors: Judgment Creditors and Mechanics' Lienors
Chapter 39. Governmental Security Interests: Tax Liens and Environmental Liens
Practice Guide 4. Creation and Administration of Trusts That Include Real Estate
Chapter 40. The Trust Idea
Chapter 41. Private Express Trusts―Creation
Chapter 41A. Federal Income Taxation of Lifetime Trusts
Chapter 41B. Federal Income Taxation of Testamentary Trusts
Chapter 41C. Federal Gift and Estate Taxation of Trusts
Chapter 41D. Federal Taxation of Generation-Skipping Trusts
Chapter 41E. Private Express Trusts―Constructional Problems

Volume 6
Chapter 42. Private Express Trusts―Administration Chapter 43. Trust Deposits
Chapter 44. Real Estate Investment Trusts (REITs)
Chapter 44A. Business, Security and Voting Trusts and Other Trusts Involving Real Property
Chapter 45. Charitable Trusts and Institutions Performing Similar Functions

Volume 7
Chapter 46. Honorary Trusts
Chapter 47. Resulting Trusts
Chapter 48. Constructive Trusts
Chapter 48A. Uniform Gifts to Minors Act
Chapter 48B. Uniform Transfers to Minors Act
Chapter 49. Introduction to Concurrent Ownership
Chapter 50. Tenancy in Common, Tenancy in Partnership, and Tenancy in Coparcenary
Chapter 51. Joint Tenancy
Chapter 52. Tenancy by the Entirety
Chapter 53. Community Property
Chapter 53A. [Reserved]
Chapter 53B. The Planned Unit Development
Practice Guide 5. Condominiums, Cooperatives, Homeowner Association Developments and Time-Share Ownership
Chapter 54. The Creation of Common Interest Communities―Condominiums, Cooperatives, Homeowner Association Developments and Time-Shares

Volume 8
Chapter 54A. The Operation of Common Interest Communities―Condominiums, Cooperatives, Homeowner Association Developments and Time-Shares
Part IV. Relations Between the Owners of Permissible Interests in Land
Chapter 55. Introduction to Relations Between the Owners of Permissible Interests in Land
Practice Guide 6. Real Property Torts, Waste, and Adverse Possession
Chapter 56. Waste
Chapter 57. Fixtures
Practice Guide 7. Distressed Property, Workouts and Bankruptcy
Chapter 57A. The Effect of Bankruptcy Law on Real Property Transactions and Interests

Volume 9
Chapter 57B. Distressed Property
Chapter 58. Apportionment of Income Between Successive Owners
Chapter 59. Apportionment of Benefits and Burdens Between Successive Owners
Practice Guide 8. Covenants, Easements and Licenses
Chapter 60.Covenants as to Property Use
Chapter 61. Party Walls
Chapter 62. Fences
Chapter 63. Lateral and Subjacent Support
Chapter 64. Nuisance
Chapter 64A. Trespass
Chapter 65. The Law of Water
Chapter 66. Accretion
Chapter 67. Indian Land Claims
Chapter 68. Boundaries

Volume 10
Part V. Relations Between the Owner of a Permissible Interest in Land and the Community
Chapter 69.Introduction
Chapter 70. Constitutional Protections and Statutory Modifications of Property Interests
Chapter 70A. Federal and State Regulation of Interstate Land Sales
Chapter 70B. The Americans with Disabilities Act: Public Accommodations and Commercial Facilities
Chapter 70C. The Effect of Telecommunications Laws and Regulations on Real Property Interests
Chapter 71. Rule Against Perpetuities―Background
Chapter 72. Common-Law Rule Against Perpetuities―General Aspects
Chapter 73. Common-Law Rule Against Perpetuities―Specific Applications
Chapter 74. New York Rule Against Perpetuities
Chapter 75. The Rule Against Perpetuities―Other Statutory Variations
Chapter 75A. “Wait And See,” Cy Pres, and Other Modifications of The Rule Against Perpetuities
Chapter 76. Accumulations
Chapter 77. Illegal Restraints on Alienation
Chapter 78. Other Illegal Limitations

Volume 11
Chapter 78A. Rails-to-Trails: Conversion of Railroad Corridors to Recreational Trails
Chapter 78B Special Alert: Controversy Concerning the Property Assessed Clean Energy (PACE) Program
Chapter 78B. Green Buildings
Chapter 79. Police Power Regulations Affecting Land; Generally
Practice Guide 8A. Environmental Due Diligence in Real Estate Transactions
Chapter 79A. Environmental Protection: Wetlands, Floodplain and Coastal Zone Regulation

Volume 12
Chapter 79B. Comprehensive Planning: The Foundation of Land-Use Controls
Practice Guide 9.Land Use Planning and Regulation

Chapter 79C Special Alert: Zoning & Fracking: Preemption & the Regulation of Hydraulic Fracturing
Chapter 79C. Zoning

Volume 13
Chapter 79D. Land Use Planning and Development: Shaping the Modern Metropolitan Landscape
Chapter 79E. The Remedy of Monetary Damages in Land Use Litigation
Practice Guide 10. Eminent Domain and Regulatory Takings
Chapter 79F. Eminent Domain
Chapter 79G. The Tax Treatment of Condemnations and Other Involuntary Conversions

Volume 14
Part VI. Acquisition and Transfer of Interests in Land
Chapter 80. Introduction to Acquisition and Transfer of Permissible Interests in Land
Chapter 81. Contracts of Sale―The Law of Vendor and Purchaser
Chapter 81A. Transfer by Deed
Chapter 82. Recording Acts and Priorities
Chapter 82A. Lis Pendens
Chapter 83. Registration of Title
Chapter 83A. Like-Kind Exchanges
Chapter 84. Transfer of Land Not by Deed
Chapter 84A. Liability of Real Estate Developers and Other Vendors to Home Buyers
Chapter 84B. [Reserved]

Volume 15
Chapter 84C. Real Estate Brokers
Chapter 84D. Installment Land Contracts
Practice Guide 11. Testamentary Dispositions: The Estate Planning Process
Chapter 85. Testamentary Disposition
Chapter 85A. Modern Legislation Protecting the Decedent's Surviving Spouse
Chapter 86. Revocation of Wills
Chapter 86A. Disclaimer of Testamentary and Nontestamentary Dispositions
Chapter 87. Conflict of Laws with Respect to Wills
Chapter 88. [Reserved]

Volume 16 Chapter 89. Escheat
Chapter 90. Intestate Succession
Chapter 91. Adverse Possession
Chapter 92. Title Insurance
Chapter 92A. Other Types of Real Property Insurance

Volume 17
Part VII. Archive
Supreme Court Updates
Powell in the Courts
Publication Conversion Table