Law Commons^™

Public Use, Public Policy And Recent Developments In The Law Of Eminent Domain, Morree Levine

Buffalo Law Review

No abstract provided.

Depreciation Of Improved Real Property In Trust Estates, Thomas J. Kelly, John G. Wick

Buffalo Law Review

No abstract provided.

Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii

Vanderbilt Law Review

One of the most technical problems in the field of property law is the manner in which future interests in realty and personalty may be alienated. The term, future interest, is used here to mean a presently existing interest which is deprived of possession but which looks forward to possession in the future. The term is a misnomer. Such an interest is "future" only in the sense that it looks toward becoming possessory in the future. Just as future interests is a law of words, so the alienability of future interests is, in the absence of statute, a law of …

Property, Real, Henry S. Barnes

Mercer Law Review

A goodly number of cases involving some phase of real property law reached the appellate courts during the year, however, the great majority turned on a question of pleading or practice rather than of real property law. Since a detailed analysis and discussion of all the cases will not be possible, only those decisions which indicate the establishment of new, or the growth, extension, or clarification of existing, principles will be mentioned.

Williams v. Thomas County is in line with the modern doctrine that any present interest in land is alienable. A possibility of reverter or a right .of entry …

Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey

West Virginia Law Review

No abstract provided.

Adverse Possession-Effect Of Severance Of Minerals After Adverse Possession Commenced, R. L. H. Jr.

West Virginia Law Review

No abstract provided.

Deeds--Recital Of Consideration--Applicable Statute, C. H. B.

West Virginia Law Review

No abstract provided.

Landlord And Tenant, Henry S. Barnes

Mercer Law Review

Despite the fact that during the year under consideration the courts have had to deal with run-of-the-mine cases, several interesting problems have been considered. It is the purpose of this article to discuss very briefly those cases which indicate the trend of the law in this field.

Where a vendor conveys land to a purchaser who intends to use the premises for a known purpose and, at the same time, orally agrees not to use adjoining retained land for the same purpose, he creates a restriction on the use of the retained land that equity will enforce against him. or …

Constitutionality Of Marketable Title Acts, Ralph W. Aigler

Michigan Law Review

In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …

Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.

Michigan Law Review

A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …

Increasing Land Alienability Through Re-Recording Acts-The Indiana Statute

Indiana Law Journal

No abstract provided.

Property-Remedies Of Owner Against Encroachment By Trees From Adjoining Property [Sterling V. Weinstein, D. C. 1950]

Washington and Lee Law Review

No abstract provided.

Property-Effect Of Lack Of Notice Of Severance Of Mineral Estate On Adverse Possession Claim Of Surface Holder [United Fuel Gas Co. V. Dyer, Fed. 1950]

Washington and Lee Law Review

No abstract provided.

Property-Right Of Surface Owner To Easement Of Necessity Through Mineral Stratum To Reach Underlying Estate [Pyramid Coal Corp. V. Pratt, Ind. 1950]

Washington and Lee Law Review

No abstract provided.

The Prevailing Theory Of Mortgages And Deeds Of Trust In Virginia, Charles E. Van Fossen

William and Mary Review of Virginia Law

No abstract provided.

Property - Enforcement Of Personal Covenants Against Subsequent Grantees, Thomas G. Martin

William and Mary Review of Virginia Law

No abstract provided.

The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker

Washington Law Review

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement for the benefit of one part of the land to the detriment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or conveyed. The easement arising from the former will be termed an "implied easement" while the latter will be referred to as a "way of necessity." Though …

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs

Michigan Law Review

Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …

Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge

Michigan Law Review

At the time of his death in 1945, decedent was the owner of the real estate in question. His estate was administered in the belief that he had died intestate, and the administrator was discharged in August 1946. Thereafter, the property was conveyed by decedent's heirs to buyer, and by buyer in February 1947, to the defendant, a bona fide purchaser. Subsequently, decedent's will was discovered and admitted to probate in December 1947. By the terms of the will, the plaintiff was entitled to a one-half interest in the land. Plaintiff's complaint, asking partition of the land, was dismissed by …

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson

Michigan Law Review

Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …

Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.

Michigan Law Review

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …

Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.

Michigan Law Review

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …

Damages-Application Of American And English Rules For Measure Of Damages For Breach Of Contract To Sell Land [Raisor V. Jackson, Ky. 1950]

Washington and Lee Law Review

No abstract provided.

Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.

Michigan Law Review

A remainderman in fee of an undivided interest in real estate brought a suit to compel partition of the remainder. The whole of the premises was subject to a life estate, but the life tenant made no objection to this action. The applicable Nebraska statute provided that "all tenants in common, or joint tenants of any estate in land may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed." Demurrers to the petition were sustained on the ground that an estate in remainder could not be the subject of involuntary or compulsory …

Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.

Michigan Law Review

X conveyed land to A for life, remainder to the heirs of A's body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A's claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228.

Reformation Of Voluntary Conveyances, Henry D. Bell

Vanderbilt Law Review

It has frequently been stated that equity will not reform a conveyance which is merely voluntary and based on no consideration.' As thus broadly stated the rule is manifestly inaccurate, for it is universally recognized that a grantor is entitled to have a voluntary conveyance reformed. Moreover,the rule is unhelpful and even misleading, for it does not define the term "voluntary" and it ignores a line of authority which allows reformation of concededly voluntary conveyances in favor of parties other than the grantor.

The continued recital of this rule is probably due to a spontaneous reaction of abhorrence on the …

Agency And Escrow, Roger K. Garrison

Washington Law Review

There are myriad instances in the law where courts or legislatures of various states have given precise definition to a certain legal status. Such words as "trustee," "guardian," and "mortgagor" have come to have fixed meanings and definite legal incidents attached to them. Not so fortunate, however, has been the term "escrow holder," or sometimes "escrowee." While courts are generally in accord as to what circumstances will create an escrow transaction, statements of the precise legal status of the escrow holder are noteworthy for their discord rather than their harmony. As yet no court has seen fit to regard the …

Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A.

West Virginia Law Review

No abstract provided.

Absolute Necessity Of Acknowledging A Deed Of Gift In Maryland - Berman V. Berman

Maryland Law Review

No abstract provided.