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Property Law and Real Estate

Leases

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Articles 31 - 60 of 79

Full-Text Articles in Law

Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez Apr 1984

Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez

West Virginia Law Review

Recent case law developments in Ohio and West Virginia have narrowed the application of forfeiture in obtaining the termination of a coal mining lease for breach of express and implied covenants. This Note examines the law of forfeiture generally, and later discusses these recent cases and their ramifications.


Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review Dec 1983

Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review

Michigan Law Review

This Note argues that the purchase of property subject to a lease may produce several types of depreciable interests. Part I of the Note examines the requirements for depreciability and the role that depreciation plays in tax law. It concludes that even where the method set out by Congress also accommodates other goals, depreciation primarily provides a way to recover costs during a depreciable asset's income-producing life. Part II applies these principles to the task of determining whether improvements - for example, buildings on the property subject to the lease - are depreciable in the purchaser's hands. It concludes that …


The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder Nov 1982

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …


A Decision Model For Lease Parties In Sale-Leasebacks Of Real Estate, Nancy E. Shurtz Mar 1982

A Decision Model For Lease Parties In Sale-Leasebacks Of Real Estate, Nancy E. Shurtz

William & Mary Law Review

No abstract provided.


Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop Dec 1980

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.


Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen Jun 1980

Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen

West Virginia Law Review

No abstract provided.


Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock Jun 1979

Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock

West Virginia Law Review

No abstract provided.


The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams Jan 1979

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review

No abstract provided.


The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering Sep 1978

The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering

West Virginia Law Review

The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …


The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl Jun 1978

The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl

West Virginia Law Review

Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …


The Uniform Residential Landlord And Tenant Act: Facilitation Of Or Impediment To Reform Favorable To The Tenant? May 1974

The Uniform Residential Landlord And Tenant Act: Facilitation Of Or Impediment To Reform Favorable To The Tenant?

William & Mary Law Review

No abstract provided.


Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert Jan 1973

Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert

Villanova Law Review

No abstract provided.


The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten Jan 1972

The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten

Villanova Law Review

No abstract provided.


Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer Jan 1971

Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer

Villanova Law Review

No abstract provided.


Residential Tenants And Their Leases: An Empirical Study, Warren Mueller Dec 1970

Residential Tenants And Their Leases: An Empirical Study, Warren Mueller

Michigan Law Review

Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …


Recent Developments, Various Editors Jan 1966

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross Jan 1964

Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross

Villanova Law Review

No abstract provided.


Income Tax--Payment By Sublessee For Cancelation Of Lessee's Interest, Robert Glenn Lilly Jr. Apr 1961

Income Tax--Payment By Sublessee For Cancelation Of Lessee's Interest, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.


Recordation Of Leases, J. E. J. Feb 1959

Recordation Of Leases, J. E. J.

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Assignment Or Sublease, L. L. P. Dec 1956

Landlord And Tenant--Assignment Or Sublease, L. L. P.

West Virginia Law Review

No abstract provided.


Covenants In Leases In West Virginia, Londo H. Brown May 1955

Covenants In Leases In West Virginia, Londo H. Brown

West Virginia Law Review

No abstract provided.


Mines And Minerals--Strip Mining Rights--Construction Of Lease, T. N. C. Dec 1950

Mines And Minerals--Strip Mining Rights--Construction Of Lease, T. N. C.

West Virginia Law Review

No abstract provided.


Notice Of Termination Required To Terminate A Periodic Tenancy Implied Under A Void Lease - Darling Shops Delaware Corporation V. Baltimore Center Corporation Jan 1948

Notice Of Termination Required To Terminate A Periodic Tenancy Implied Under A Void Lease - Darling Shops Delaware Corporation V. Baltimore Center Corporation

Maryland Law Review

No abstract provided.


Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H. Jun 1947

Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.

West Virginia Law Review

No abstract provided.


Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager Jan 1944

Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager

Kentucky Law Journal

No abstract provided.


Progress In The Law Of Oil And Gas, C. C. Williams Jr. Jun 1943

Progress In The Law Of Oil And Gas, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.


Minable And Merchantable Coal, G. S. B. Jun 1943

Minable And Merchantable Coal, G. S. B.

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T. Feb 1941

Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T.

West Virginia Law Review

No abstract provided.


Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin Jun 1940

Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin

West Virginia Law Review

No abstract provided.


Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper May 1939

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper

Michigan Law Review

The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …