Law Commons^™

The Commodification Of Public Land Records, Reid K. Weisbord, Stewart E. Sterk

Notre Dame Law Review

The United States deed recording system alters the “first in time, first in right” doctrine to enable good faith purchasers to record their deeds to protect themselves against prior unrecorded conveyances and to provide constructive notice of their interests to potential subsequent purchasers. Constructive notice, however, works only when land records are available for public inspection, a practice that had long proved uncontroversial. For centuries, deed archives were almost exclusively patronized by land-transacting parties because the difficulty and cost of title examination deterred nearly everyone else.

The modern information economy, however, propelled this staid corner of property law into a …

Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle

Journal of Law and Practice

No abstract provided.

Ownership Of Coalbed Methane Gas: Recent Developments In Case Law, Michelle D. Baldwin

West Virginia Law Review

No abstract provided.

Robin Hood Was Right, Or, Never Trust A Sheriff: The Relationship Between Sheriffs' Sales And The Maryland Recording Act, Alice A. Soled

Maryland Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

Deeds--Estoppel By Deed--Void Deeds Not Given Effect By Estoppel, James R. Watson

West Virginia Law Review

No abstract provided.

Real Property - 1963 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

I. DEEDS

A. Construction

B. Suit to set aside deed

C. Restrictive covenants

II. TITLES

A. Easements

B. Actual Possession as Notice to Purchaser

III. EMINENT DOMAIN

A. Right to Incidental Damages

B. Value of Fee and Leasehold

C. Determination of Area Condemned

D. Liability of City for Land Condemned

E. Procedural Problems

IV. LEGISLATION

Real Property -- 1962 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

I. Deeds

A. Construction

B. Suit to Set Aside Deed

C. Boundary Disputes

II. Titles

A. Dedication

B. Easements

C. Avulsion, Accretion, Reliction

III. Eminent Domain

A. Right to Incidental Damages

B. Value of Leasehold

C. Measure of Damages for Diversion of Stream

D. Determination of Area of Land Condemned

E. Liability of City for Land Condemned Within Its Boundaries

IV. Landlord and Tenant

A. Liability of Landlord for Injury to Employee of Tenant Due to Defective Condition of Premises

B. Right of Landlord to Enforce Forfeiture Clause.

Partition Deed Cannot Create Tenancy By Entireties

Washington and Lee Law Review

No abstract provided.

Deeds--Validity Of A Deed Not Signed By All Parties Designated As Grantors, J. W. P.

West Virginia Law Review

No abstract provided.

Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe

Vanderbilt Law Review

Execution of Wills:

Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …

Conditional Delivery Of A Deed To The Grantee, Carl W. Turner

Kentucky Law Journal

No abstract provided.

Formalities And Requisites Of A Deed In Kentucky, Wesley Gilmer Jr.

Kentucky Law Journal

No abstract provided.

Real Property -- 1954 Tennessee Survey, Herman L. Trautman, James C. Kirby Jr.

Vanderbilt Law Review

Champertous Deeds and Adverse Possession: There were two cases, Robinson v. Harris, and State v. McNabb, which used the questionable champertous deed concept to reach what seem to be just results. The sixteenth century doctrine, enacted by statute in Tennessee, is that a deed of conveyance executed and delivered by a title owner while the land is held in the adverse possession of another is void. As pointed out in the 1953 Survey article, however, recent Tennessee cases have tended to ignore a line of nationally recognized Tennessee equity cases holding that the deed is not void; that the transfer …

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

West Virginia Law Review

No abstract provided.

Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson

Michigan Law Review

Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …

Acceptance Of Deeds, James Collier

Kentucky Law Journal

No abstract provided.

Deeds--Construction As To Grantees--Official Or Representative Capacity, D. C. H.

West Virginia Law Review

No abstract provided.

Deeds--Rules Of Construction--Intent Of Grantor, H. L. W. Jr.

West Virginia Law Review

No abstract provided.

Deeds--Construction--Where Not Effective Until The Future, W. J. C.

West Virginia Law Review

No abstract provided.

May The Deed Of An Insane Grantor Be Avoided At Law As Well As In Equity?, Eugene R. Webb

Kentucky Law Journal

No abstract provided.

Estoppel By Deed--Conveyance Of Interest Subsequently Acquired As Heir--Warranty In Quitclaim Deed As Basis For Estoppel, J. H. H.

West Virginia Law Review

No abstract provided.

Deeds--Estoppel--Confirmation Of Married Woman's Conveyance

West Virginia Law Review

No abstract provided.

Deeds--Delivery In Escrow, Kennith A. Howe

Kentucky Law Journal

No abstract provided.

Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact

Michigan Law Review

Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).

Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money

Michigan Law Review

There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …

Real Property--Use Of "Descend" In Deed--Word Of Limitation, William J. Moore

West Virginia Law Review

No abstract provided.

Adverse Possession-Grantor Against Grantee-Requirement Of Notice

Michigan Law Review

Plaintiff owning a fee deeded it to his wife in 1893. The wife died in 1911, and plaintiff continued lo reside on the land ever since. Shortly after the wife's death plaintiff told defendants, his daughters, that he and his wife had held the land by" entirety, and that he was, therefore, the sole owner by right of survivorship. Defendants never learned of the deed to the wife until the instigation of this suit. Plaintiff claimed that he had reacquired ownership by adverse possession, and brought a bill to cancel the deed to his wife and remove the cloud from …

Transferring Title To Land By Deed, James W. Simonton

West Virginia Law Review

No abstract provided.

Real Property--Deeds--Delivery To Grantee On Condition, Mary Frances Brown

West Virginia Law Review

No abstract provided.