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A History of American Law$
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Lawrence M. Friedman

Print publication date: 2019

Print ISBN-13: 9780190070885

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780190070885.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 October 2021

The Land and Other Property

The Land and Other Property

(p.391) 4 The Land and Other Property
A History of American Law

Lawrence M. Friedman

Oxford University Press

This chapter discusses the development of property law in the second half of the nineteenth century covering land law, public land, dynasts landlord and tenant, mortgages, titles, and intellectual property. One dominant theme of American property law was the idea that land should be marketable; that people should be able to buy and sell land freely. This was a big, open country, a land of abundance, a land with land for everybody, huge tracts of vacant land. For the settlers, land promised a better life, a life of rising expectations; land was mother of resources and development. As the frontier moved West, land law followed at a respectable distance. Land law was not uniform. Conditions in New York were not the same as conditions in Wyoming. However, overall trends were quite similar and old doctrines were reshaped to suit American conditions.

Keywords:   American property law, public land, land law, mortgages, vacant land, tenant, dynasts landlord, titles, intellectual property

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