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Articles 1 - 23 of 23
Full-Text Articles in Law
Martin V. Wilson, 246 A.3d 916 (R.I. 2021), Linda Cowen
Martin V. Wilson, 246 A.3d 916 (R.I. 2021), Linda Cowen
Roger Williams University Law Review
No abstract provided.
Real Property Law—Easements—Why Arkansas Should Adopt The Uniform Easement Relocation Act., Adam Conrady
Real Property Law—Easements—Why Arkansas Should Adopt The Uniform Easement Relocation Act., Adam Conrady
University of Arkansas at Little Rock Law Review
No abstract provided.
Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender
Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender
Northwestern Journal of Law & Social Policy
The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important …
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Touro Law Review
No abstract provided.
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
American Indian Law Journal
As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …
Maine Roads And Easements, Knud E. Hermansen, Donald R. Richards
Maine Roads And Easements, Knud E. Hermansen, Donald R. Richards
Maine Law Review
Black's Law Dictionary defines an easement as a right of use over the property of another. An easement is a right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right in the owner. It is an interest that one person has in the land of another. A primary characteristic of an easement, that its burden falls upon the possessor of the land from which it issued, is expressed in the statement that the land constitutes a servient estate or …
O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, Michael J. Polak
O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, Michael J. Polak
Maine Law Review
In O'Donovan v. McIntosh, a real estate developer, Timothy O'Donovan, brought an action seeking, in part, a declaratory judgment concerning the transferability of an easement that he purchased from the defendant, John A. McIntosh, Jr. O'Donovan and McIntosh subsequently filed a joint motion for partial summary judgment to obtain a ruling that would affirm the assignability of the easement in question. Susan Huggins, the owner of the servient estate upon which the easement in question imposed, objected to this motion as a third party defendant. She filed a cross-motion for summary judgment maintaining that the easement in question was not …
Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue
Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue
Maine Law Review
In 2008, William McGarvey and Mary Klientop filed a declaratory judgment seeking a determination that their neighbor, Jonathan Bird, had no right to cross their intertidal land to reach the ocean to scuba dive. McGarvey and Kleintop own property that borders Passamaquoddy Bay in the Town of Eastport. As owners of oceanfront property in Maine, their title extends through the intertidal zone to low water mark in fee simple. The intertidal land they own also stretches in front of Bird’s property, bordering his property just below the high water mark. This configuration creates a strip that separates Jonathon Bird’s property …
Belk V. Commissioner: Land Substitutions In Conservation Easements, Morgan Davis
Belk V. Commissioner: Land Substitutions In Conservation Easements, Morgan Davis
Loyola of Los Angeles Law Review
No abstract provided.
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Pepperdine Law Review
No abstract provided.
Real Estate And Land Use Law, Brian R. Marron
Real Estate And Land Use Law, Brian R. Marron
University of Richmond Law Review
No abstract provided.
Property Law: The Uniform Conservation Easements Act: An Attorney's Guide For The Oklahoma Landowner, Erin Mcdaniel
Property Law: The Uniform Conservation Easements Act: An Attorney's Guide For The Oklahoma Landowner, Erin Mcdaniel
Oklahoma Law Review
No abstract provided.
The Easement In Gross Revisited: Transferability And Divisibility Since 1945, Alan D. Hegi
The Easement In Gross Revisited: Transferability And Divisibility Since 1945, Alan D. Hegi
Vanderbilt Law Review
Courts have disagreed about the nature, obligations, and privileges that accompany the easement in gross. Generally, an easement is an interest in land which gives the easement holder the right to use that land for a specific purpose, free from the will of the landowner. An easement is in gross when the benefit from the use of another's land inures to the easement holder personally, rather than to the holder's land. The land that is subject to the holder's right of use is the servient tenement. Courts agree on these basic principles of an easement in gross, but have disagreed …
Notice And The "Deeds Out" Problem, William E. Ryckman Jr.
Notice And The "Deeds Out" Problem, William E. Ryckman Jr.
Michigan Law Review
When a grantor conveys land which has been subjected to easements or equitable servitudes in favor. of adjacent land previously conveyed by the grantor, there arises the serious question whether such interests are enforceable if the purchaser has not expressly taken the land subject to them. A cursory inspection of primary and secondary authority on the subject of easements and equitable servitudes would indicate that the answer depends upon whether, at the time of the sale, the purchaser of the "servient estate" has "notice" of the "burden" to which his land is allegedly subjected. It is the purpose of this …
Way Of Necessity - Hancock V. Henderson
Partition Of Land By Grantee Of Easement - Baltimore G. & E. Co. V. Bowers, H. Rutherford Turnbull Iii
Partition Of Land By Grantee Of Easement - Baltimore G. & E. Co. V. Bowers, H. Rutherford Turnbull Iii
Maryland Law Review
No abstract provided.
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Michigan Law Review
In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."
Shades Of The Rule In Shelley's Case - Burnham V. Gas & Electric Company, Martin A. Dyer
Shades Of The Rule In Shelley's Case - Burnham V. Gas & Electric Company, Martin A. Dyer
Maryland Law Review
No abstract provided.
Easement Implied By Reference To A Plat - Klein V. Dove, Christopher H. Foreman
Easement Implied By Reference To A Plat - Klein V. Dove, Christopher H. Foreman
Maryland Law Review
No abstract provided.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Michigan Law Review
One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …
Ways Of Necessity - Implied In Law Or Implied In Fact - Condry V. Laurie
Ways Of Necessity - Implied In Law Or Implied In Fact - Condry V. Laurie
Maryland Law Review
No abstract provided.