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Property Law and Real Estate

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1970

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Articles 31 - 44 of 44

Full-Text Articles in Law

Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas Jan 1970

Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas

University of Richmond Law Review

When a landlord leases a part of the premises to individual tenants, as in an apartment building, he necessarily retains control over areas used in common and must exercise ordinary care to keep these areas in a reasonably safe condition.' This duty arises because common areas are part of the estate reserved by the landlord for the use and benefit of all the tenants. The responsibility of the lessor extends to the lessee, members of the lessee's family, and all persons on the premises at the invitation of the lessee, whether the invitation be express or implied.


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Not In Accordance With A Comprehensive Plan: A Case Study Of Regional Shopping Center Location Conflicts In Lexington, Kentucky, A. Dan Tarlock Jan 1970

Not In Accordance With A Comprehensive Plan: A Case Study Of Regional Shopping Center Location Conflicts In Lexington, Kentucky, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Book Review. Land Finance Law By G. Lefcoe, A. Dan Tarlock Jan 1970

Book Review. Land Finance Law By G. Lefcoe, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …


Real Estate Brokerage: In A Nutshell, Edward T. Haggins Jan 1970

Real Estate Brokerage: In A Nutshell, Edward T. Haggins

Cleveland State Law Review

There are usually three parties to a real estate transaction; a seller, a buyer, and a real estate broker. The real estate broker is the middleman whose duty is to bring the buyer and the seller together. Ordinarily the real estate broker represents the vendor in that he has usually signed a listing contract to sell the vendor's home. The broker plays a significant role in the sale of property. It is he who guides the sale from beginning to end. Without the services of a real estate broker, most sales would never materialize. In order to understand the importance …


Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Zoning - Authority To Determine Situs Of Schools, Frederick B. Gieg Jr. Jan 1970

Zoning - Authority To Determine Situs Of Schools, Frederick B. Gieg Jr.

Duquesne Law Review

The Pennsylvania Supreme Court has held that a statute investing school districts with the power to choose location of schools precludes townships from applying their zoning regulations to restrict construction of a school on a tract chosen by the school directors.

Pernberton Appeal, 439 Pa. 249, 252 A.2d 597 (1969).


The Sst And Inverse Condemnation, Jerome Neil Kline Jan 1970

The Sst And Inverse Condemnation, Jerome Neil Kline

Villanova Law Review

No abstract provided.


Hidden Risks In Real Estate Title Transactions, Sherman Hollander Jan 1970

Hidden Risks In Real Estate Title Transactions, Sherman Hollander

Cleveland State Law Review

No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …


Percentage Leases: May Lessee Vacate Premises, Stuart F. Kline Jan 1970

Percentage Leases: May Lessee Vacate Premises, Stuart F. Kline

Cleveland State Law Review

A percentage lease is one which states a minimum rental, and, above that, an additional rental based upon a stated percentage of gross sales. The litigation posing the most difficulty in the area of percentage leases involves the right of the lessee to vacate the premises.


Real Property--Implied Warranty In Sale Of New House By Vendor, Rosalie Van Nuis Jan 1970

Real Property--Implied Warranty In Sale Of New House By Vendor, Rosalie Van Nuis

Kentucky Law Journal

No abstract provided.


Government Acquisitions Of Private Property In Rural Areas: The U.S. Army Corps Of Engineers And The Cave Run Reservoir Project, E. Robert Goebel, Donald K. James, Lyle G. Robey, Joel V. Williamson Jan 1970

Government Acquisitions Of Private Property In Rural Areas: The U.S. Army Corps Of Engineers And The Cave Run Reservoir Project, E. Robert Goebel, Donald K. James, Lyle G. Robey, Joel V. Williamson

Kentucky Law Journal

No abstract provided.