Jurisprudence Commons^™

The land one holds is generally only as good as the property rights contained in the deed.

The rights contained in the deed are only as good as the ability to get those rights enforced.

And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from

the point of conveyance. This Article pens the term “determinacy norm” to explain a collection

of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.

I contend that, in order to satisfy the determinacy norm for deed interpretation,

courts must (and …

Individuals usually prefer to keep what they own; property law develops around that assumption. Alternatively stated, we prefer to choose whether and how to part with what we own. Just as we hold affection and attachment for our memories, captured in the lyrics of the George Gershwin classic, so too do most individuals adopt a “they can’t take that away from me” approach to property ownership.

We often focus on the means of acquisition or transfer in property law. We look less often at the legal rules that support one’s ability to keep what one owns. Yet, it is precisely …