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.

Real Property, Joseph M. Grohman

Nova Law Review

There are numerous issues and legal principles that relate to those "bundle of rights" associated with owning, using, and/or occupying real property.

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.

Property--Construing The Deed In South Carolina, Carl G. Ferguson

South Carolina Law Review

No abstract provided.

Delivery Of Deeds In South Carolina, Richard B. Kale Jr.

South Carolina 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.

Sales - Effect Of Ambiguity In Description Of Land Excepted From Sale - Admissibility Of Parol Evidence, Sidney D. Fazio

Louisiana Law Review

No abstract provided.

Partition Deed Cannot Create Tenancy By Entireties

Washington and Lee Law Review

No abstract provided.

Property And Tax Effects Of A Conveyance To Husband And Wife And The Survivor Of Them, Where The Husband Pays The Full Consideration, James Lewis Mann Cromer

South Carolina Law Review

No abstract provided.

The Effect Of A Conflict Between The Granting And Habendum Clauses In Deeds In South Carolina, Patrick H. Grayson Jr.

South Carolina Law Review

No abstract provided.

Property, David H. Means

South Carolina 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 …

Words Of Inheritance In Deeds Of Land In South Carolina: A Title Examiner's Guide, David H. Means

South Carolina Law Review

No abstract provided.

Reservations To Strangers To The Deed, J. F. Buzhardt Jr.

South Carolina Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Survivorship Deeds In Ohio, G. Vernon Owen

Case Western Reserve 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 …

Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore

Michigan Law Review

Grantor conveyed certain real property to plaintiff by deed "subject to the following conditions: That upon my death, the Grantee must pay to my Grand Children out of my estate, the sums of money indicated after each name," the amount to be paid totaling $5,000. By this deed grantor transferred practically all of the property of which she was possessed, so that upon her death she left an estate of but $100. Without having paid any part of the amount stipulated in the deed, grantee commenced suit to quiet title as against the named grandchildren, who in .turn counterclaimed. In …

Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore

Michigan Law Review

The indorser on the note in suit gave his assent to the holder's release of the insolvent maker in return for a deed to certain real estate given by the maker. In reply to demands of the holder for the balance remaining due after sale of the real estate, the indorser stated he would pay the note, but asked for time. On failure of the indorser to pay, this suit was brought. Held, for the plaintiff. Consent of the indorser to release of the maker is not equivalent to an express reservation of rights as required by section 120(5) …

Acceptance Of Deeds, James Collier

Kentucky Law Journal

No abstract provided.

Quitclaim Deed - Basis Of Ten Year Prescription Acquirendi Causa, J. N. H.

Louisiana Law Review

No abstract provided.