Chapter 11 discusses notions related to the title assurance, starting with the basic information pertaining to the recording system. The chapters introduces the basic, common law rule, which is that a grantee who was prior in time prevailed over one subsequent in time. The chapter continues by defining the several types of recording acts ("race" statutes, "notice" statutes, "race-notice" statues) and to the process of recordation, as well, as the effects of recordation and the requirements for this process.
The second part of this chapter refers to title registration. This is a process that is separate from the recording system and is currently used only in a couple of states. This type of approach does bring several potential issues, mainly claims of defects in conclusiveness. This is argued both with the defect in initial registration, because no notice is unconstitutional, and in the concept of BFPs.
Finally, the chapter ends with the issue of title insurance and first refers to the individuals that can be insured. These include property owners or mortgagees. Several elements regarding the extent of coverage and the general framework of exclusions are also included in the subchapter on title insurance and end the book.
Essay
The notion of property and all the related aspects of this concept appears to be a terribly complex one, which is why a book such as the Gilbert Law Summary on Property is so instrumental in passing onto the reader all the relevant information. With everything from acquisition to future interests to analyzing the relationship between the parties, including between landlords and tenants (with a separate chapter on that), the book goes through everything that the user should know regarding property.
An important special note needs to be made on the importance of the graphs and charts in this book and the way these are utilized to bring out and emphasize the different relationships that appear between concepts in terms of property law. This is one of the noticeable characteristics of the Gilbert Law Summaries, but one has the distinct feeling that such additional, auxiliary and helpful instruments are used even more in the Summary on Property.
It seems natural to be so, as there are so many elements contributing to the notion and legal concept of property that need to be tied together and correlated, starting with the way property is obtained, continuing with how one can manage and dispose of property and how this can be passed on to another individual. All of these notions seem intricately complex at some point, so it is a great relief that charts, graphs and table help synthesize and present this information in a clearer, coherent manner.
As always with the Gilbert Law Summaries, the Summary on Property is probably best used for the outline form that serves as the basis for the book, as well as for the chapters themselves. For a student and, in fact, for anybody interested in law, this helps make the learning process more efficient, as the reader can simply go directly to the chapter or subchapter that is of interest rather than skim through other chapters to get there. There is also an additional aspect worth mentioning: with such an approach, the entire book follows on its credo to provide the schematic instrument of auxiliary study for the user, in completion to the textbook and/or other law books.
The Gilbert Law Summary on Property also has great Exam Strategies that the student can use. These are great pointers that help the student keep in mind certain particular aspects that he or she needs to remember about a property subject,...
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