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Full-Text Articles in Law
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Washington Law Review
That the dictates of the law and the principles of common morality are not always blended to perfection is not a startlingly new pronouncement. Undoubtedly the courts use every legitimate means at their disposal in forming their decrees to enforce conduct that we are pleased to regard as called for in the name of simple honesty. But in at least one situation the Statute of Frauds has appeared to many courts to prevent a decree harmonizing law and justice. The type situation is that P, being desirous of purchasing a piece of realty, orally engages A to negotiate the purchase …
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Washington Law Review
In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be …
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Washington Law Review
Among the unique characteristics of our federal system of government is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make contracts, and can hold property, both real and personal. Under this power to own property in its own right the United States has become a great landed proprietor, owning many tracts of land within the …
Contracts To Devise Real Property, Willard J. Wright
Contracts To Devise Real Property, Willard J. Wright
Washington Law Review
Contracts to devise real property are frequently entered into and are generally held to be a valid mode of transferring realty. Very properly the courts view such contracts with suspicion, especially when orally made. In order to prove the contract to devise real property some states require that it be in writing, otherwise it will be deemed void. But the majority of courts are not so strict and an oral contract if adequately proven is satisfactory. However, in proving oral contracts some states require that the contract be proven "independent of the performance" while other courts including Washington are more …