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Full-Text Articles in Law
Condominium--Tax Aspects Of Ownership, Richard R. Mcdowell
Condominium--Tax Aspects Of Ownership, Richard R. Mcdowell
Vanderbilt Law Review
The ancient concept of condominium ownership has been revived in this country as an answer to the increasing demand for adequate urban housing. The advantages of individual home ownership have had to be subordinated by many families in favor of the convenience of apartment rental. A partial answer to this problem has been found in the creation of cooperative apartments, but this device still leaves much to be desired.' It was not until Puerto Rico achieved its initial success with condominiums that the advantages of this form of home ownership fully came to the attention of this country. To encourage …
Condominium: A Reconciliation Of Competing Interests?, James C. Clark
Condominium: A Reconciliation Of Competing Interests?, James C. Clark
Vanderbilt Law Review
This note will first examine some of the operative provisions of the condominium statutes. Particular emphasis will be placed upon those provisions which are basic to the creation, existence, and dissolution of this unique form of property ownership. The FHA Model Statute For Creation of Apartment Ownership will be the principal vehicle of analysis, for it is the basis of many of the state condominium statutes. State provisions which differ from the Model Act will then be examined to discover the best statutory answer to the needs of condominium housing. Finally, attention will be focused on the tax implications of …
Right Of First Refusal--Homogeniety In The Condominium, Ira E. Parker, Iii
Right Of First Refusal--Homogeniety In The Condominium, Ira E. Parker, Iii
Vanderbilt Law Review
The condominium, a newly popular but relatively old' concept in real property law, is defined basically as an apartment project involving individual fee ownership of a family unit in a multi-unit structure or structures. To complete the ownership picture, the individual fee owners are also tenants in common, with undivided interests, in the land on which the structure is built, and in other parts of the structure which are not part of an individual unit. Due to the anticipated popularity of this unconventional real estate ownership,state legislation has blossomed in the past four years, and today, all but a few …
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Validity of Instrument Which Only Appoints Fiduciary--Is an instrument which makes no testamentary gift, but only designates or appoints the personal representative to administer the estate and provides certain special powers of fiduciary administration entitled to probate as a valid will? While it has been said that there need be no dispositive gift of property to entitle a testamentary writing to probate as a will,' there seems to have been no definite court decision in Tennessee so holding until the recent case of Delaney v. First Peoples Bank of Johnson City. In that case a writing properly executed with the …
Restitution -- 1964 Tennessee Survey, John W. Wade
Restitution -- 1964 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The most significant case during the Survey period is Gulf Oil Corp.v. Forcum. The State of Tennessee condemned for highway purposes certain property including the location of a filling station. Defendant was lessee of this property and had installed its own tanks, pumps and other equipment. Plaintiff had the contract to construct the highway and was entitled under this contract to salvage condemned property. Refusing to allow defendant's agent to remove the service station equipment, plaintiff removed the equipment itself at considerable expense. When the condemnation proceeding was completed, defendant was awarded 2,000 dollars for the value of its leasehold, …
Domestic Relations -- 1964 Tennessee Survey, T. A. Smedley
Domestic Relations -- 1964 Tennessee Survey, T. A. Smedley
Vanderbilt Law Review
Though most of the family law decisions of the supreme court and appellate courts of Tennessee reported during 1964 were of the common garden variety, four cases presented issues of notable significance, and in three of them the supreme court seems to have decided questions of first impression in this jurisdiction. As usual, the most common cause of controversy lay in matters of alimony, child support, and property settlements; but there were also decisions regarding grounds for divorce, child custody, the wife's right to damages for loss of the husband's consortium, and the parents' liability for a child's tort. Three …