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Property Law and Real Estate

Journal

1985

Institution
Keyword
Publication

Articles 1 - 23 of 23

Full-Text Articles in Law

Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen Oct 1985

Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen

University of Arkansas at Little Rock Law Review

No abstract provided.


The Takings Clause: Principles Or Politics?, Leslie Bender Oct 1985

The Takings Clause: Principles Or Politics?, Leslie Bender

Buffalo Law Review

No abstract provided.


Representing The Arkansas Timber Owner In Timber Sale Transactions: Some Contract Drafting Considerations, Christopher R. Kelley Oct 1985

Representing The Arkansas Timber Owner In Timber Sale Transactions: Some Contract Drafting Considerations, Christopher R. Kelley

University of Arkansas at Little Rock Law Review

No abstract provided.


Contracts As Commodities: Issues And Approaches In Regard To Commercial Real Estate Earnest Money And Option Contracts - A Texas Lawyer's Perspective., Bille J. Ellis Jr., Bennett I. Abramowitz Sep 1985

Contracts As Commodities: Issues And Approaches In Regard To Commercial Real Estate Earnest Money And Option Contracts - A Texas Lawyer's Perspective., Bille J. Ellis Jr., Bennett I. Abramowitz

St. Mary's Law Journal

Abstract Forthcoming.


Bonifay V. Garner, 445 So. 2d 597 (Fla. 1st Dca 1984), James S. Ford Jul 1985

Bonifay V. Garner, 445 So. 2d 597 (Fla. 1st Dca 1984), James S. Ford

Florida State University Law Review

Real Property-ADVERSE POSSESSION, RIPARIAN RIGHTS, IMPLIED EASEMENTS: AN INTERRELATION OF ISSUES


Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson May 1985

Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson

Vanderbilt Law Review

In 1571 Parliament passed a statute making illegal and void any transfer made for the purpose of hindering, delaying, or defrauding creditors.' This law, commonly known as the Statute of Elizabeth, was intended to curb what was thought to be a wide-spread abuse. Until the seventeenth century, England had certain sanctuaries into which the King's writ could not enter. A sanctuary was not merely the interior of a church, but certain precincts defined by custom or royal grant. Debtors could take sanctuary in one of these precincts, live in relative comfort, and be immune from execution by their creditors. It …


The Federal Coal Leasing Amendments Act Of 1976 And Prior Federal Coal Leases: Putting New Wine Into Old Bottles, Michael H. Hyer Apr 1985

The Federal Coal Leasing Amendments Act Of 1976 And Prior Federal Coal Leases: Putting New Wine Into Old Bottles, Michael H. Hyer

West Virginia Law Review

No abstract provided.


Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg Mar 1985

Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg

Antioch Law Journal

Land rights have been the central issue in United States-Indian relations over the past hundred years, just as they were during the preceding century. The interplay of two elementary forces has largely determined the nature of relations between Indian nations and the United States. On one hand, Indian nations have fought tenaciously to maintain their land rights. Indian nations, communities and "tribes" have viewed and continue to view land as essential to their economic and cultural well-being, and thus to their continued political existence. Thus, control over their land is central to their survival as nations. On the other hand, …


Landlord Liability For Crimes Committed By Third Parties Against Tenants On The Premises, Irma W. Merrill Mar 1985

Landlord Liability For Crimes Committed By Third Parties Against Tenants On The Premises, Irma W. Merrill

Vanderbilt Law Review

The controversial subject of landlord liability for crimes committed by third parties on the apartment premises has been the subject of much debate. The discussion has produced a scattering of opinions rather than one settled rule. Not all jurisdictions agree that a landlord should be held liable to his tenants for crimes on the premises. Even jurisdictions that do hold landlords liable for such crimes disagree on the basis for liability. Some courts ground their decisions in contract. Other courts conjure landlord liability out of an implied warranty of habitability. Still other courts impose landlord liability for third party crimes …


Landlord And Tenant: A Study In Property And Contract, Edward Chase, E. Hunter Taylor Jr. Jan 1985

Landlord And Tenant: A Study In Property And Contract, Edward Chase, E. Hunter Taylor Jr.

Villanova Law Review

No abstract provided.


Mandatory Disclosure: The Key To Residential Real Estate Brokers' Conflicting Obligations, 19 J. Marshall L. Rev. 201 (1985), John R. Ardaugh Jan 1985

Mandatory Disclosure: The Key To Residential Real Estate Brokers' Conflicting Obligations, 19 J. Marshall L. Rev. 201 (1985), John R. Ardaugh

UIC Law Review

No abstract provided.


Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner Jan 1985

Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner

Buffalo Law Review

No abstract provided.


Modern Property Law: Cases And Materials, Dale A. Whitman Jan 1985

Modern Property Law: Cases And Materials, Dale A. Whitman

Vanderbilt Law Review

Most book reviews attempt to analyze the subject matter of the book under review. Casebooks, however, serve different purposes than other books; they are teaching tools that are useful only in the hands of an effective teacher. The editors of Modern Property Law are law teachers, and so am I. The purpose of this book review is to offer, as a professor of law, a personal view of this property casebook and to consider how it would function in the classroom. I have not yet used the book in my own property course because at the time of this writing …


Annual Survey Of Virginia Law: Property, W. Wade Berryhill Jan 1985

Annual Survey Of Virginia Law: Property, W. Wade Berryhill

University of Richmond Law Review

The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them.


Perspectives On Foreign Investment In The Southeastern United States: An Introduction, Harold V. Morgan, Jr. Jan 1985

Perspectives On Foreign Investment In The Southeastern United States: An Introduction, Harold V. Morgan, Jr.

Vanderbilt Journal of Transnational Law

International practice in the Southeast is primarily divided between representation of industrial and business investors and representation of real estate investors. In both cases, the legal skills required are those necessary to represent domestic clients engaged in the same activities, with an overlay of specialized expertise. For example, closing a real estate purchase on behalf of a foreign purchaser involves the same elements of real estate practice as any domestic purchase and sale. If the purchaser is foreign, however, the lawyer must consider the applicability of tax treaties, Internal Revenue Code provisions governing repatriation of real estate income, various state …


Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner Jan 1985

Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner

Seattle University Law Review

The State of Hawaii has a unique land ownership problem directly affecting many of the state's homeowners: a handful of people own a large percentage of the land available for residential housing." Consequently, a significant proportion of homeowners rent, under long-term leases, the land on which their homes are built. In 1967 the Hawaii legislature took action to break up this concentration of ownership by enacting the Land Reform Act. The legislature declared that such ownership was a threat to the health, safety, and welfare of Hawaii's citizens because of its significant contribution to the spiraling inflation of land values. …


Book Review, 18 J. Marshall L. Rev. 559 (1985), Ann Lousin Jan 1985

Book Review, 18 J. Marshall L. Rev. 559 (1985), Ann Lousin

UIC Law Review

No abstract provided.


Property, Lura L. Burton Jan 1985

Property, Lura L. Burton

West Virginia Law Review

No abstract provided.


Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh Jan 1985

Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh

Cleveland State Law Review

Shufah is an excellent example of the continuity of an Islamic institution and of the capacity of that institution for change. Although it is not, strictly speaking, a part of personal status law, which is said to be the only part of Islamic law that is being applied in Islamic countries, it has survived in a recognizable form. Islamic countries, in their attempts at law reform, have effected little change in the traditional law of personal states, only after heated discussions and controversy. On the other hand, profound changes were introduced into the traditional law of preemption with little controversy. …


Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby Jan 1985

Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby

Fordham Urban Law Journal

This student note explores the plight of elderly home-owners whose income cannot meet their expenses, and the federal legislation designed to meet their needs, specifically the Reverse Annuity Mortgage (RAM), which draws on home equity to provide monthly cash payments to homeowners. The author explains the legislation authorizing the RAM, describes the pros and cons of different forms of the RAM for elderly homeowners, and suggests modifications that will allow homeowners maximum support without sacrificing their other sources of income, such as Social Security payments and tax benefits. The author also explores New York state legislation dealing with the RAM, …


Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman Jan 1985

Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman

Villanova Law Review

No abstract provided.


Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust Jan 1985

Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust

Seattle University Law Review

This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …


West Virginia's New Summary Eviction Proceedings: New Questions For An Old Answer, Bruce G. Perrone Jan 1985

West Virginia's New Summary Eviction Proceedings: New Questions For An Old Answer, Bruce G. Perrone

West Virginia Law Review

No abstract provided.