Property Law
Introduction
This guide contains information pertaining to basic property law and
associated topics. Researchers looking into property law materials will find a
list of primary legal sources, major reference works, study guides and student
resources, and general treatises.
Finding Books and Other Materials
Property law is found in essentially every country on earth. Thus many
materials will be generally under the K Library of Congress Classification
system. KF is specifically for laws of the United States of America and KFI
3000-3599 cover the relevant range of Indiana law.
For assistance in locating resources on this topic, consider using the following
related search terms:
Law -- Indiana.
Law reports, digests, etc. -- Indiana.
Law reports, digests, etc. -- United States.
Property -- United States.
Property -- United States -- Cases.
Real property -- United States.
Real property -- United States -- Examinations, questions, etc.
Real property -- United States -- Outlines, syllabi, etc.
Right of property -- United States.
Course Reserve Materials
All course reserve materials are available at the circulation desk for a three
hour checkout period. They have been selected by the professor to supplement
the course materials and a copy of all mandatory course materials are available
as well. Additional copies of some materials may available in the stacks for
three week checkouts. Please see a staff person for assistance with these items.
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Cases and Text on Property
A. James Casner, W. Barton Leach, Susan Fletcher French, Gerald Korngold &
Lea VanderVelde
KF 560 C33 2004
The casebook used by the first year property course covers a variety of
topics including: origin of property rights, acquisition of property, estates in
land and future interests, landlord-tenant law, concurrent estates and marital
property, gifts, real estate transactions, nuisance, servitudes, eminent domain,
and land use regulation and zoning. Additional copies may be available in the
stacks on the third floor.
Primary Legal Materials
These are sources of primary, mandatory law. They contain actual statutes
and case law, as well as the digests used as finding aids in locating them. As
citable, binding law, these are the usual goals of legal research, but they lack
explanation as to their meaning.
Burns Indiana Statutes Annotated
KFI 3030 .A43
One of the Unofficial codes for the State of Indiana. This Lexis publication
contains annotations to cases and other sources to expedite legal research.
Title 34 of the Indiana Code contains the property section. It is in the Indiana
Law section of the first floor, but as reference material, it does not circulate.
Digest of the United States Supreme Court Reports, Lawyer’s Ed
KF 101.1 .U55
Like its West counterpart, this is a topical index to headnotes provided by
the publisher accompanying the reported decisions of the Supreme Court. This
is kept on the second floor; it is reference, so it cannot be circulated.
Federal Practice Digest 4th & Federal Practice Digest 5th
KF 127 .W48 1989
The Federal Practice Digest index headnotes from cases across a broad
spectrum of the federal judiciary. Everything from the Supreme Court through
military courts from 1984 to the present are included. This a great locator for
federal property and takings matters. This is kept on the second floor; it is
reference, so it cannot be circulated.
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Federal Reporter, Federal Reporter 2d & Federal Reporter 3d
KF 105 F432
This is the major source of federal case law from the various Circuit Courts.
This is a great source for federal law and can be applicable to property matters
within Indiana and without. This is kept on the second floor; it is reference, so
it cannot be circulated.
Federal Supplement & Federal Supplement 2d
KF 120 .F42
Consisting primarily of federal District Court decisions, this another
resource finding important case law about property rights. It should be used
in conjunction with the Federal Reporter and the Federal Practice Digest. This
is kept on the second floor; it is reference, so it cannot be circulated.
Indiana Cases
KFI 3047.2 .I524
While this is an unofficial reporter, it is a great source for all recent Indiana
property law cases. All of the cases are taken from the North Eastern Reporter
2d and 3d, but they are indexed with the Indiana Digest making it easier to
locate them. It is in the Indiana Law section of the first floor, but as reference
material, it does not circulate.
Indiana Digest 2d
KFI 3057 W4
This is the West Digest for the Indiana Cases series. It contains headnotes
arranged by topic so that cases about Indiana property law can be easily
located. It is in the Indiana Law section of the first floor, but as reference
material, it does not circulate.
North Eastern Reporter 2d & North Eastern Reporter 3d
KF 135.N6 N63
The North Eastern Reporter covers not only major Indiana Cases, but also
Illinois, Massachusetts, New York and Ohio. All decisions reported in Indiana
Cases are taken from this series. It is in the Indiana Law section of the first
floor, but as reference material, it does not circulate.
Supreme Court Digest
KF 101.1 .U55
This is the West digest for their Supreme Court Reporter. It indexes the
headnotes, by topic solely of Supreme Court decisions. It should be used in
conjunction with the Supreme Court Reporter. This is kept on the second
floor; it is reference, so it cannot be circulated.
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Supreme Court Reporter
KF 101.A322 KA90 A1
West’s Supreme Court Reporter is more current than the official copy and
contains headnotes, annotations and Key Numbers for easier indexing and
location of topics. Like, U.S. reports, this is the source for Supreme Court
decisions on federal property and takings matters and constitutional issues
relating to property and takings. This is kept on the second floor; it is
reference, so it cannot be circulated.
United States Code Annotated
KF 62.5 .W45
This is West’s unofficial copy of the United States Code; laws pertaining to
intellectual property and governmental property are scattered throughout the
code. The annotations are useful for expediting research and include Key
Numbers for use with other West Publications. This is kept on the second
floor; it is reference, so it cannot be circulated.
United States Reports
KF 101 .U58
The official reporter for the United States Supreme court contains many of
the most important decisions in the country for property law decisions,
particularly those issues which implicate constitutional concerns. This is kept
on the second floor; it is reference, so it cannot be circulated.
United States Supreme Court Reports, Lawyer’s Ed.
KF 101.A313
The Lexis Supreme Court reporter provides cases more current than the
United States reports. Like the West equivalent, it contains headnotes and is
indexed with its own digest. This is kept on the second floor; it is reference, so
it cannot be circulated.
West’s Indiana Code
KFI 3030 .A43
West’s code is the other major unofficial codification of Indiana law. This
set is kept in ready reference, behind the reference desk. Please see a staff
person for assistance.
Reference Materials
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These books are all standard legal reference works of general applicability.
They cover almost every legal topic and will offer supplemental information on
most topics. Some contain annotations or notes that will refer you to primary
law, expediting your research.
American Jurisprudence 2d (AmJur)
KF 154 .A42
This is one of the classic legal encyclopedias and contains information
about various areas of property law at both the state and federal level. It is
located in the reference section of the first floor and does not circulate.
American Law Reports (A.L.R.) 2d, 3d, 4th, 5th, 6th, Federal & Federal 2d
KF 132 A52
Annotations in the American Law Reports cover a variety of legal topics,
usually in more depth than an encyclopedia article, but focusing on narrower
applications of the law; property law is included among the list of topics
covered. It is located in the reference section of the first floor and does not
circulate.
Black’s Law Dictionary
Bryan A. Garner, ed.
KF 156 .B53 2009
One of the standard reference works in a law library, this dictionary
provides definitions for terminology across the entire legal spectrum. Multiple
copies and editions are available, with the most recent being kept in the ready
reference section behind the reference desk. Please see a staff person for
assistance.
Burton’s Legal Thesaurus
William C. Burton
KF 156 B856 2013
Another standard legal reference work, this thesaurus provides synonyms and
antonyms for a wide variety of terminology from law and related fields. This volume
is kept in ready reference, behind the reference desk. Please see a staff person
for assistance.
Corpus Juris Secundum (C.J.S.)
KF 154 .C56
Like American Jurisprudence, the other major legal encyclopedia, this set
contains information about various areas of property law at both the state and
federal level. It is located in the reference section of the first floor and does not
circulate.
Restatement of the Law, 2d, Property
KF 613 R47 1983
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Restatements are declarations by legal experts and scholars about how
specific areas of the law should operate. In addition to the analysis of the law,
there are also lists of court cases which have cited the restatement as
authority. It is not a codification of primary law, but is considered very
persuasive by some courts. It is located in the ready reference section behind
the reference desk and does not circulate.
West's Indiana Law Encyclopedia
KFI 3065 .W44
This series serves much the same purpose as AmJur and CJS, but focused
on Indiana Law. It is located in the Indiana Law section of the first floor, but
as reference material, it does not circulate.
Study Guides, Outlines & Hornbooks
Study guides are commercially prepared outlines and supplements which
provide additional detail to add to a student’s understanding of particular
areas of law. They typically have less depth than a hornbook but provide
summaries of difficult concepts.
Hornbooks are single volume treatises which follow alongside casebooks and
expand on their subject matter.
Estates, Future Interests, and Powers of Appointment, 5th ed. (In a Nutshell)
Thomas P. Gallanis & Lawrence W. Waggoner
KF 605 .W32 2014
This study guide summarizes the major points of present interests, future
interests, the Rule Against Perpetuities, marital estates, concurrent estates and
appointments. It is available in the stacks on the third floor.
Inside Property Law: What Matters and Why
Daniel B. Bogart & John Makdisi
KF 560 B64 2009
This book relies more heavily on illustrations, diagrams and F.A.Qs to
explain the basics of property law. It looks at: acquisition of property rights,
estates and future interests, concurrent ownership, marital interests and
community property, landlord-tenant law, sales of real property, easements,
covenants and servitudes, nuisance, zoning and eminent domain. It is available
in the stacks on the third floor.
Introduction to Property, 2d ed.
Joseph William Singer
KF 570 .Z9 S56 2005
Page 6 of 11
Another in depth guide, this one lacks any illustrations, hypotheticals,
questions or outlines. It provides detailed looks at a variety of property issues:
theories of property law, rights of exclusion and access, nuisance, adverse
possession, licenses and easements, covenants, present estates and future
interests, concurrent ownership, family property, leaseholds, real estate
transactions, land use regulation, regulatory takings, tribal property, and
personal and intellectual property. It is available in the stacks on the third
floor.
Law of Future Interests
Lewis M. Simes
KF 605 S5 1996
While it is rather slim for a hornbook, this does cover the nature of future
interests, powers of appointment, limitations and their constructions, And the
Rule Against Perpetuities. It can be found in the stacks on the third floor.
Mastering Property Law
Darryl C. Wilson & Cynthia H. Debose
KF 561 W55 2011
This guide relies heavily upon hypotheticals to explain basic property rights.
It covers personal property rights, present estates, future interests, landlord
tenant law, real estate transactions and restrictions on the use of real property.
It also includes essay and multiple choice questions to prepare for
examinations. It is available in the reserve section on the first floor; please see
a staff person for assistance.
Preface to Estates in Land and Future Interests, 2d ed.
Thomas F. Bergin & Paul G. Haskell
KF 577 .B4 1984
This book is more of a hornbook than a stud guide, and despite being a
“preface” is quite in depth for the material it covers. It looks at: the feudal
basis of property law, estates, reversionary interests, survivorship, class gifts,
powers of appointment, and the Rule Against Perpetuities. It is available in the
stacks on the third floor; an additional copy is available to clinical students in
the clinic library.
Property (Blond’s Law Guides)
Neil C. Blond, Yoram Chen, John Marafino
KF 570.Z9 B56 2009
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Because it is smaller than some of the other guides, this study guide
necessarily does not cover topics is as much depth as others might, but it still
includes a variety of outlines, cases and discussions of black letter property
law topics. It analyzes: personal property rights, adverse possession, estates,
future interests, concurrent ownership, leaseholds, nuisance, easements,
licenses, covenants, servitudes, eminent domain, land use planning and
zoning, and real estate transactions. It is available in the stacks on the third
floor.
Property: Keyed to Courses using Dukeminier, Krier, Alexander, and Schill’s
Property, 7th ed. (Casenote Legal Briefs)
KF 560 .P76 2010
This book is simply a series of commercially prepared briefs relating to
cases from the Dukeminier, et al. casebook. It provides a quick look at the
facts, issues holdings, and rules from the included cases. It also offers a
synopsis of any major dissents or concurrences. It is available in the stacks on
the third floor.
Property: Objectives and Analysis (Exam Pro)
Peter T. Wendel
KF 570 .Z9 W46 2000
The exam Pro books are not study guides so much as test preparation.
They provide questions and answers, both multiple choice and essay, to allow
students to take practice exams. They do explain answers, but are not
intended as comprehensive reviews of the substantives rules and cases. It is
available in the stacks on the third floor.
Property Stories, 2d ed.
Gerald Korngold & Andrew P. Morriss, eds.
KF 560 P76 2009
Property Stories gives a brief history lesson behind property cases and then
uses the history and the cases to illustrate principles of law. Unfortunately
most of the cases covered are not taken from the major cases analyzed by
property casebooks so it is not a supplement nor a replacement for the
readings for a property course
Property: Takings (Turing Point Series)
David A. Dana & Thomas W. Merrill
KF 5599 .Z9 D36 2002
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While this guide reads like a student study guide it focuses exclusively on a
single issue of property law, takings. While this is a major constitutional and
property issue, many students will only need this guide if they need a very in
depth look at takings and nothing else about property.
Questions & Answers: Property
John Copeland Nagle
KF 570 .N34 2004
A test preparation guide, this book contains both essay and multiple choice
questions. Like most test preparation guides, it does not provide an overall
view of the substantive law or cases on the topic of property, but rather
provides explanations only in relation to the questions asked. It is available in
the stacks on the third floor.
Real Property (Law in a Flash)
KF 388 R42
Based on the Emanuel property outline, these flashcards cover both black
letter legal definitions and application of the law via hypotheticals. Topics
covered include: adverse possession, landlord-tenant law, fixtures, concurrent
ownership, conveyancing and mortgages, recording, rights of the possessor,
easements, covenants, zoning and eminent domain. They are available in the
reserve section for a three hour checkout; please see a staff person for
assistance.
A Student’s Guide to Easements, Real Covenants and Equitable Servitudes, 2d
ed.
Stephen A. Siegel
KF 657 .Z9 S56 1999
This study guide includes brief discussions of black letter law and the
follows it up with one or more study questions and answers. As the title
implies, it focuses only on easements, real property covenants and equitable
servitudes, and no other aspects of property law. It is largely like the exam
preparation books. It is available in the stacks on the third floor.
A Student’s Guide to the Rule Against Perpetuities
Frederic S. Schwartz
KF 613 .S34 1988
This study guide includes brief discussions of black letter law and the
follows it up with one or more study questions and answers. As the title
implies, it focuses only on the Rule Against Perpetuities, and no other aspects
of property law. It is largely like the exam preparation books. It is available in
the stacks on the third floor.
Understanding Property Law
John G. Sprankling
KF 561 S67 2000
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This study guide looks at rights in persona property, present estates,
concurrent ownership, marital property, future interests, landlord-tenant law,
real estate transactions, adverse possession, nuisance, trespass, easements,
covenants, equitable servitudes, zoning, and takings. It is available in the
reserve section for a three hour checkout; please see a staff person for
assistance with it. Other editions are available in the stacks on the third floor
Treatises
All treatises are longer, in-depth looks at particular areas of the law. They
tend to cover one or several volumes and include both bound volumes and
loosleafs. Bound volumes are periodically updated by pocket parts and
supplements while loosleafs come in binders and are updated continuously
throughout the year by adding or removing the relevant sections.
Perspectives on Property Law, 3d ed.
Robert C. Ellison, Carol M. Rose & Bruce A. Ackerman
KF 562 .E25 2002
This series of essays reads partially like a study guide and partially like a
collection of law review articles. Each essay is self-contained, meaning that the
portions of the book are quite disparate. And the topics covered are more
advanced than would normally be taught in a first-year property course. It is
available in the stacks on the third floor.
Private Property and the Constitution
Bruce A. Ackerman
KF 5599 .A93
This book takes a critical look at current legal thought regarding property
rights and the takings clause. It analyzes our current legal structure under a
couple of philosophical frameworks. This is a more advanced perspective on
property than would be undertaken in a first year course, but it may be helpful
for students coming from business or philosophical backgrounds to enhance
their understanding of the issues at play. It is available in the stacks on the
third floor.
A Property Anthology
Richard H. Chused, ed.
KF 570 .A2 P76 1993
Page 10 of 11
This is an anthology of articles and essays, many of which were previously
published in law reviews and journals. This makes for interesting reading for
those who are interested in property law, but it is of little use to students as it
discusses issues that are much narrower than is customary in a property class
and it discusses them in much greater depth. It is available in the stacks on
the third floor.
Blawgs & Other Online Resources
Indiana Law Blog
http://indianalawblog.com/
This blog covers legal trends and news in the state of Indiana and beyond.
Some of the posts do cover property and takings related topics. It can be a
useful resource for keeping abreast of changes and updates in the property
field.
SCOTUS Blog
http://www.scotusblog.com/
This blawg tracks the decisions of the Supreme Court of the United States.
It is a good way to stay current on up to date legal changes and major
decisions involving the intersection of property and constitutional law,
especially takings issues.
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