Real Property

  • Ronald W. Tank


This chapter will summarize those aspects of the law of real property that are most commonly encountered in mineral law, water rights, and landslide litigation. The nature of the title to the property may be a critical issue, and it is therefore important to appreciate the basic types of freehold estates and the various ways in which divided interests in the same piece of property may be created. It is also important to understand the rights and obligations that must be diligently asserted by the possessor of real property if he is to maintain his interest in the property. Finally, the mineral lease is the common instrument that enables mineral development of private property by someone who does not have a fee interest in the property.


Real Property Trial Court Primary Term Mineral Lease Express Covenant 
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References and Suggested Reading

  1. Bergin, T, and Haskell, P. (1966), Preface to Estates in Land and Future Interests, Foundation Press, Brooklyn, N.Y.Google Scholar
  2. Carpenter, W. (1974), Severed minerals as a deterrent to land development, Denver L. J., 5 (1): 1–40.Google Scholar
  3. Lawyers Co-Operative Pub. Co. (1968), Gas and oil, American Jurisprudence, 2d, Author, Rochester, N.Y., Vol. 38, SS 1–340, pp. 459–800.Google Scholar
  4. Byrne, B (1972), Property, American Jurisprudence, 2d, Lawyer’s Co-Operative Publishing Co., Rochester, N.Y., Vol. 63, SS 1–49, pp. 285–333.Google Scholar
  5. Powell, R., and Rohan, P. (1968), Powell on Real Property (One-volume edition), Matthew Bender, New York.Google Scholar
  6. Schiffres, L. (1971), Mines and minerals, American Jurisprudence, 2d, Lawyer’s Co-Operative Pub. Co., Rochester, N.Y., Vol. 54, SS 1–259, pp. 175–444.Google Scholar

Copyright information

© Plenum Press, New York 1983

Authors and Affiliations

  • Ronald W. Tank
    • 1
  1. 1.Lawrence UniversityAppletonUSA

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