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Property Law and Real Estate

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Journal

1992

Institution
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Articles 31 - 58 of 58

Full-Text Articles in Law

Exoneration Clauses In Wills And Trust Instruments, Robert Whitman Mar 1992

Exoneration Clauses In Wills And Trust Instruments, Robert Whitman

Hofstra Property Law Journal

No abstract provided.


Witter V. Taggart And Ammirati V. Wire Forms, Inc.: The Potential Ramifications Of New York's Newly Restrictive Definition Of "Chain Of Title" And Newly Expansive Definition Of "Easement By Necessity", Kenneth Gartner Mar 1992

Witter V. Taggart And Ammirati V. Wire Forms, Inc.: The Potential Ramifications Of New York's Newly Restrictive Definition Of "Chain Of Title" And Newly Expansive Definition Of "Easement By Necessity", Kenneth Gartner

Hofstra Property Law Journal

No abstract provided.


Does Your Building Discriminate Against The Disabled - Guidelines For Bringing Existing Public Accommodations Into Compliance With The Americans With Disabilities Act, James T. Yand Mar 1992

Does Your Building Discriminate Against The Disabled - Guidelines For Bringing Existing Public Accommodations Into Compliance With The Americans With Disabilities Act, James T. Yand

Hofstra Property Law Journal

No abstract provided.


Illinois Real Estate Brokers: The Duties Of Disclosure And Accuracy, Paul Meyer Jan 1992

Illinois Real Estate Brokers: The Duties Of Disclosure And Accuracy, Paul Meyer

Loyola University Chicago Law Journal

No abstract provided.


Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins Jan 1992

Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins

Campbell Law Review

Over the past decade North Carolina's annexation statutes have been the subject of much litigation. These challenges have taken numerous approaches in seeking to have the various annexation ordinances declared invalid. Many of these challenges have sought to have the statutes themselves declared invalid as a violation of both the United States Constitution and the North Carolina Constitution. Still other approaches have sought to have the actions of the annexing municipality declared illegal for failure to comply with these annexation statutes. One theme is visible throughout all of the challenges to annexation, the legislature has determined that annexation serves the …


Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson Jan 1992

Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson

Campbell Law Review

No abstract provided.


Rights Of Washington Junior Lienors In Nonjudicial Foreclosure—Washington Mutual Savings Bank V. United States, 115 Wash. 2d 52, 793 P.2d 969, Clarified, Reconsideration Denied, 800 P.2d 1124 (Wash. 1990), John D. Sullivan Jan 1992

Rights Of Washington Junior Lienors In Nonjudicial Foreclosure—Washington Mutual Savings Bank V. United States, 115 Wash. 2d 52, 793 P.2d 969, Clarified, Reconsideration Denied, 800 P.2d 1124 (Wash. 1990), John D. Sullivan

Washington Law Review

In Washington Mutual Savings Bank v. United State, the Washington Supreme Court extended the anti-deficiency provisions of the Deed of Trust Act to all non-foreclosing junior lienors. Because this decision makes all junior obligations uncollectible following a nonjudicial foreclosure, it may have a chilling effect on lenders and a serious impact on the availability of home equity loans. This Note examines the Washington Mutual decision and suggests that the court should have determined instead that a deficiency is allowed, but should be computed after applying any surplus value in the property sold against junior obligations. This Note also recommends a …


Department Of Real Estate, T. Rellos Jan 1992

Department Of Real Estate, T. Rellos

California Regulatory Law Reporter

No abstract provided.


It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman Jan 1992

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.


Who Pays Reet On Your Street: Washington State's Real Estate Excise Tax In Light Of The 1991 Corporate Transfer Act And Beyond—How Can The Legislature Solve Deer Park Pine?, Georges H.G. Yates Jan 1992

Who Pays Reet On Your Street: Washington State's Real Estate Excise Tax In Light Of The 1991 Corporate Transfer Act And Beyond—How Can The Legislature Solve Deer Park Pine?, Georges H.G. Yates

Seattle University Law Review

This Comment aims to give the reader a complete understanding of Washington’s Real Estate Excise Tax. Further, this Comment advocates replacing the current law. Specifically, this Comment argues that REET is in desperate need of repair; it then considers the options available to the Washington State Legislature in 1993. The Comment concludes that, with a few important alternations, the solution lies in a proposal that died in the House Revenue Committee in 1992.


Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg Jan 1992

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg

University of Richmond Law Review

Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.


Can Government Afford To Protect Our Nation's Wetlands: An Analysis Of The Decisions In Loveladies And Florida Rock, 25 J. Marshall L. Rev. 837 (1992), John K. Devine Jan 1992

Can Government Afford To Protect Our Nation's Wetlands: An Analysis Of The Decisions In Loveladies And Florida Rock, 25 J. Marshall L. Rev. 837 (1992), John K. Devine

UIC Law Review

No abstract provided.


To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes Jan 1992

To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes

Florida State University Law Review

A Practitioner's Guide to Development Impact Fees. By James C. Nicholas, Arthur C. Nelson, and Julian C. Juergensmeyer. American Planning Association: Planners Press. 1991. Pp. 294. $54.95.


From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus Jan 1992

From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus

UIC Law Review

No abstract provided.


The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams Jan 1992

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams

UIC Law Review

No abstract provided.


Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams Jan 1992

Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams

UIC Law Review

No abstract provided.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson Jan 1992

Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson

Villanova Environmental Law Journal

No abstract provided.


A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson Jan 1992

A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson

Seattle University Law Review

Because the cost and incidence of hazardous waste contamination are soaring and because the courts favor broad interpretations of CERCLA's liability provisions, counsel for prospective purchasers of commercial real estate must take certain prepurchase precautions to minimize potential CERCLA liability. This Comment pro- vides practical suggestions as to the aim and form of those precautions. In Part II, this Comment first examines the basic statutory framework and liability scheme of CERCLA. Part III discusses the common law principles of successor liability and their relation to CERCLA's liability mechanism. Finally, in Part IV, this Comment presents a variety of preventive law …


Judicial Review Of The Compensation Law In Hungary, Peter Paczolay Jan 1992

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.


A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle Jan 1992

A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle

Michigan Journal of International Law

This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.


Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz Jan 1992

Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz

UIC Law Review

No abstract provided.


Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown Jan 1992

Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown

UIC Law Review

No abstract provided.


Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr. Jan 1992

Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.

West Virginia Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Less Law Than Meets The Eye, David D. Friedman Jan 1992

Less Law Than Meets The Eye, David D. Friedman

Michigan Law Review

A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson