Major Issues in Real Property Law

Abstract

Much of real property law in the United States is relatively stable and noncontroversial, with modest changes occasionally occurring, mostly at the periphery of long-established concepts. This is consistent with reliance needs of the market in land and of family succession interests in land. Important segments of real property law, however, are both controversial and volatile, reflecting serious unresolved issues facing American society. This article explores some of these issues; those that are attracting a high degree of' popular attention. Each issue is briefly outlined, common issue characteristics are considered, and then legal responses to the issues are discussed, stressing the various controls imposed by government and conditions influencing government in selecting particular controls. This is followed by a future prospects section covering possible developments in issues and controls and, finally, some conclusions.