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Property Law and Real Estate

Journal

1975

Institution
Keyword
Publication

Articles 1 - 30 of 40

Full-Text Articles in Law

Real Property, George A. Pindar Dec 1975

Real Property, George A. Pindar

Mercer Law Review

No abstract provided.


The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson Oct 1975

The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson

IUSTITIA

Throughout history, man has utilized rivers for water supply, transportation, power generation, and waste disposal. This strong relationship has encouraged the location of human settlements near rivers and streams despite the risk of periodic flooding. The modern technology of transportation and public services has reduced the necessity for riverside locations, but the development of flood plains in urban areas has continued, resulting in the periodic loss of human life and property when flooding has occurred. Within the United States, flooding has taken over 5000 lives in the last fifty years and causes an estimated $1.25 billion in property damages annually.' …


Specific Performance For The Seller Of Real Estate - A North Carolina Remedy, Michael F. Easley Oct 1975

Specific Performance For The Seller Of Real Estate - A North Carolina Remedy, Michael F. Easley

North Carolina Central Law Review

No abstract provided.


Increasing Application Of Federal Securities Laws To Real Estate Transactions, Robert J. Robbins Jr. Oct 1975

Increasing Application Of Federal Securities Laws To Real Estate Transactions, Robert J. Robbins Jr.

North Carolina Central Law Review

No abstract provided.


The Great Section 38 Property Muddle, J. A. Cragwall, Jr. Oct 1975

The Great Section 38 Property Muddle, J. A. Cragwall, Jr.

Vanderbilt Law Review

Twelve full years have elapsed since section 38 property made its first appearance on the stage of tax law. In those twelve years, a complicated, confusing, ad hoc, and often inconsistent body of rulings and judicial decisions has grown up around the definitional regulation; words and phrases have acquired strange new meanings and connotations in the lush overgrowth of legal reasoning clinging to that regulation. The paradoxes in the regulation (such as that addressed in Weirick) and, more often, the ambiguities resulting from an almost universal failure by the regulations to define, instead of simply illustrate, its terms (such as …


Between A Rock And A Hard Place: Surface Mining On The Severed Estate - A Legislative Proposal Oct 1975

Between A Rock And A Hard Place: Surface Mining On The Severed Estate - A Legislative Proposal

William & Mary Law Review

No abstract provided.


Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall Sep 1975

Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall

St. Mary's Law Journal

Abstract Forthcoming.


Shipton V. Barfield: Duties Of Subdivision Developers To Lot Purchasers Sep 1975

Shipton V. Barfield: Duties Of Subdivision Developers To Lot Purchasers

Washington and Lee Law Review

No abstract provided.


Real Property--Condominiums--Developer Self-Dealing--Point East Management Corp. V. Point East One Condominium Corp. May 1975

Real Property--Condominiums--Developer Self-Dealing--Point East Management Corp. V. Point East One Condominium Corp.

BYU Law Review

No abstract provided.


The Origins Of Law Reform: The Social Significance Of The Nineteenth-Century Codification Movement And Its Contribution To The Passage Of The Early Married Women's Property Acts, Peggy Rabkin Apr 1975

The Origins Of Law Reform: The Social Significance Of The Nineteenth-Century Codification Movement And Its Contribution To The Passage Of The Early Married Women's Property Acts, Peggy Rabkin

Buffalo Law Review

No abstract provided.


An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney Mar 1975

An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney

St. Mary's Law Journal

Abstract Forthcoming.


Introduction Student Symposium - Texas Land Titles: Part Ii - Introduction., Aloysius A. Leopold Mar 1975

Introduction Student Symposium - Texas Land Titles: Part Ii - Introduction., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.


Adverse Possession: The Twenty-Five Year Statutes Of Limitation And Disabilities Which Toll Limitations Student Symposium: Texas Land Titles: Part Ii., Holmes Thomas Bennett Mar 1975

Adverse Possession: The Twenty-Five Year Statutes Of Limitation And Disabilities Which Toll Limitations Student Symposium: Texas Land Titles: Part Ii., Holmes Thomas Bennett

St. Mary's Law Journal

Abstract Forthcoming.


Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk Mar 1975

Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk

St. Mary's Law Journal

The typical oil and gas lease does not specifically enumerate the lessee’s obligations regarding development and further exploratory activity after initial production has been achieved on the lease. However, several jurisdictions, including Texas, have found these obligations as implied under a general covenant of development. The majority standard in determining a breach of this covenant is the reasonable prudent operator rule. Most importantly, can the operator reasonably expect profits from further exploration. In Texas, the burden of proving an expectation of profits falls on the lessor. However, as the Texas Supreme Court has not fully addressed the issue, there may …


Adverse Possession: The Three, Five And Ten Year Statutes Of Limitation Student Symposium - Texas Land Titles: Part Ii., Frank S. Morrill Mar 1975

Adverse Possession: The Three, Five And Ten Year Statutes Of Limitation Student Symposium - Texas Land Titles: Part Ii., Frank S. Morrill

St. Mary's Law Journal

Abstract Forthcoming.


Deed Of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part Ii Student Symposium., Gershon Dean Cohen Mar 1975

Deed Of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part Ii Student Symposium., Gershon Dean Cohen

St. Mary's Law Journal

Abstract Forthcoming.


Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer Mar 1975

Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer

St. Mary's Law Journal

Abstract Forthcoming.


Relinquishment Of State Owned Minerals - The Agency Relationship Between The Owner Of The Soil And The State Student Symposium: Texas Land Titles: Part Ii., Bobby L. Freeman Mar 1975

Relinquishment Of State Owned Minerals - The Agency Relationship Between The Owner Of The Soil And The State Student Symposium: Texas Land Titles: Part Ii., Bobby L. Freeman

St. Mary's Law Journal

Abstract Forthcoming.


Procedural Aspects Of Land Title Suits Student Symposium - Texas Land Titles: Part Ii., James W. Moore Mar 1975

Procedural Aspects Of Land Title Suits Student Symposium - Texas Land Titles: Part Ii., James W. Moore

St. Mary's Law Journal

Abstract Forthcoming.


Community Property And The Homestead Student Symposium - Texas Land Titles: Part Ii., Michael F. Archer Mar 1975

Community Property And The Homestead Student Symposium - Texas Land Titles: Part Ii., Michael F. Archer

St. Mary's Law Journal

Abstract Forthcoming.


Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik Mar 1975

Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.


To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider Jan 1975

To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider

University of Michigan Journal of Law Reform

The condominium has become an increasingly familiar arrangement in the United States. In 1972, some 235,000 condominium units were built; this number swelled to about 420,000 in 1973, an increase of almost 79 percent. Accompanying this tremendous increase in building and selling has been an increasing awareness of the need for regulation of this multi-million dollar industry. This note explores the legislative background of condominium regulation; examines the recent Florida Condominium Act amendments, focusing on the Act's disclosure requirements, what they mean, and what their impact will be on developers and purchasers; and offers alternatives to the Florida scheme.


Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe Jan 1975

Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe

University of Michigan Journal of Law Reform

In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …


Property Rights Between Unmarried Cohabitants, Robert C. Angermeier Jan 1975

Property Rights Between Unmarried Cohabitants, Robert C. Angermeier

Indiana Law Journal

No abstract provided.


Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry Jan 1975

Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry

University of Michigan Journal of Law Reform

This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.


Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca Jan 1975

Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca

Fordham Urban Law Journal

In the recent decision of Trinity Episcopal School Corp. v. Romney, a court, for the first time, was confronted with a proposal to apply a "tipping" standard solely on the basis of income, rather than racial grounds. The case involved a group of middle-income residents seeking to enjoin the State and City of New York, as well as the Department of Housing and Urban Development (HUD) from increasing an area's low-income population through the building of various housing projects. "Tipping" has been defined as "that point at which a set of conditions has been created that will lead to the …


Judicial Developments In The Taxation Of Real Property Since The Adoption Of The Illinois Constitution Of 1970, 9 J. Marshall J. Prac. & Proc. 333 (1975), Sheldon Gardner Jan 1975

Judicial Developments In The Taxation Of Real Property Since The Adoption Of The Illinois Constitution Of 1970, 9 J. Marshall J. Prac. & Proc. 333 (1975), Sheldon Gardner

UIC Law Review

No abstract provided.


The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern Jan 1975

The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern

Buffalo Law Review

No abstract provided.


Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare Jan 1975

Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare

University of Richmond Law Review

The growth pressure on the suburban and rural counties in Virginia in the seventies should be as great as that experienced by counties in the Boston to Washington corridor in the sixties. This urban corridor is working its way south.


Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr. Jan 1975

Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.

University of Richmond Law Review

At first blush this would appear a reactionary, unthinkable concept, an invitation to chaos. A legislator in Virginia who proposed such a change might well be shuttled home for a "much needed rest." Yet, this idea does have its outspoken proponents who are well recognized in the field of land use. One of the more notable is Mr. Bernard H. Siegan, who has expressed the opinion that urban planning can often be best served by eliminating zoning laws and permitting the market to totally dictate the course of development in a particular area. Mr. Siegan holds strongly to the view …