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Property Law and Real Estate

Journal

Cleveland State University

1967

Articles 1 - 8 of 8

Full-Text Articles in Law

Building Contractor's Liability After Completion And Acceptance, James Jay Brown Jan 1967

Building Contractor's Liability After Completion And Acceptance, James Jay Brown

Cleveland State Law Review

Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …

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Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan Jan 1967

Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan

Cleveland State Law Review

It would seem best to recognize that the old rule of waste, which was based on practically any physical change in the premises, is dead.The rule today would clearly seem to be that, to determine waste, one must decide whether or not the acts complained of violated the actual or presumed intention of the parties creating the estate. Certainly the least desirable approach to a determination of what is actionable waste is that which attaches liability to certain acts regardless of their desirability or practical context. It seems to be the rule today that the intention of the parties, or, …

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Firemen's Recovery From Negligent Landowners, Kenneth D. Stern Jan 1967

Firemen's Recovery From Negligent Landowners, Kenneth D. Stern

Cleveland State Law Review

The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to …

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Landowner's Responsibility To A Social Guest, Burt C. Siebert Jan 1967

Landowner's Responsibility To A Social Guest, Burt C. Siebert

Cleveland State Law Review

The early common law, from which our present law has evolved, classifies persons on land into three basic categories: trespassers, licensees, and invitees. The classification determines the standard of care that is owed to these persons. The standard of care is a duty imposed upon the landowner because he is in control of his land, is presumed to know all about his land and any dangers or possible dangers that may exist, and is best able to prevent any harm to others. A "social guest" can fit into all three of the categories, as a trespasser, a licensee, or an …

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Title Insurance Aspects Of Tort Liability, Dean T. Lemley Jan 1967

Title Insurance Aspects Of Tort Liability, Dean T. Lemley

Cleveland State Law Review

By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.

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Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem Jan 1967

Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem

Cleveland State Law Review

This article examins the liability of an abutting land owner or possessor, making special use of a public sidewalk, for injuries received by persons while on the sidewalk. An abutting owner is defined as "an owner of land which abuts, adjoins or is in close proximity." The definition includes the owner or possessor of property which abuts or adjoins land which legally constitutes a public right of way.

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Landlord's Liability For Ice And Snow, Michael R. Gareau Jan 1967

Landlord's Liability For Ice And Snow, Michael R. Gareau

Cleveland State Law Review

The relation of landlord and tenant creates rights and liabilities for each. The landlord who rents a part of his premises and retains a portion thereof which is used in common by all of the tenants is deemed to have retained control of such portion and a duty is imposed upon him to keep it in a reasonably safe condition.Since the landlord has the obligation to keep the common ways in a reasonably safe condition, the question arises whether or not this obligation is imposed upon a landlord where the common areas are rendered unsafe due to accumulations of ice …

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Covenant To Repair As Evidence Of Landlord's Control, Edmund Button Jan 1967

Covenant To Repair As Evidence Of Landlord's Control, Edmund Button

Cleveland State Law Review

An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.

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