PDF Bernhardt and Burkharts Real Property in a Nutshell, 6th

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Bernhardt and Burkhart's Real Property in a Nutshell, 6th

In property law , the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. The tenant may not cancel the lease or refuse to pay rent due to the landlord for the time that the tenant is out of actual possession of the lease.

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The American rule survives in only a minority of jurisdictions. By contrast, the English rule states that in such a scenario, the tenant may cancel the lease, obligating the landlord to deliver not only legal possession but also actual possession, and giving the landlord standing to sue the party in wrongful possession of the premises. The nomenclature of the American rule runs contrary to the general tendency in property law, where American law evolved out of and in many instances diverged from English property law: the American rule is the original default rule, and the English rule, having been passed subsequently in England, began to be adopted by an increasing number of American jurisdictions following the ruling in Hannan v.

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Real Property in a Nutshell (Nutshell Series)

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About this product Product Information Most of the rules covered in standard real property casebooks are summarized in this concise work. For quick reference the text is divided into three sections. Part One overviews interests in land, such as adverse possession, common-law estates, and concurrent ownership.

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Bernhardt and Burkhart's Real Property in a Nutshell, 7th

Part Two covers conveyances through real estate brokers, contract of sale, transfer of title by deed, and mortgages. Part Three concludes with a discussion on miscellaneous property doctrines. Additional Product Features Number of Volumes. Show More Show Less.


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To learn more about how we use and protect your data, please see our privacy policy. Subjects Law Nonfiction. Most of the rules covered in standard real property casebooks are summarized in this concise work. For quick reference the text is divided into three sections.


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Part One overviews interests in land, such as adverse possession, common-law estates, and concurrent ownership. Part Two covers conveyances through real estate brokers, contract of sale, transfer of title by deed, and mortgages. Part Three concludes with a discussion on miscellaneous property doctrines.

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