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Articles 1 - 21 of 21
Full-Text Articles in Law
The Suborned Subescrow, Roger Bernhardt
The Suborned Subescrow, Roger Bernhardt
Publications
This article examines a case involving subescrows, popular in southern California. They are not the same as true escrows, but their role if often blurred.
Misindexed Documents, Roger Bernhardt
Misindexed Documents, Roger Bernhardt
Publications
This article discusses the absurdity of the majority rule holding that misindexed documents nevertheless give constructive notice.
When Neither Party Will Fix The Roof, Roger Bernhardt
When Neither Party Will Fix The Roof, Roger Bernhardt
Publications
This article discusses the conflict that arises in commercial property where neither tenant nor landlord has a duty to repair: the landlord may not evict and the tenant may not quit. The tenant may ultimately be held responsible for the repair under the duty to avoid waste.
Misindexed Documents, Roger Bernhardt
Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave
Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave
Publications
No abstract provided.
Attorneys As Escrow Agents, Roger Bernhardt
Attorneys As Escrow Agents, Roger Bernhardt
Publications
This article details the conflicts of interest that can arise when an attorney representing a buyer also acts as escrow agent for both parties.
The Plight Of The Buyer’S Broker, Roger Bernhardt
The Plight Of The Buyer’S Broker, Roger Bernhardt
Publications
This article examines the commission claims of buyers’ brokers encounter with commissions and the tort for interference with prospective economic advantage.
Uncertain Dangers In Unlawful Detainers, Roger Bernhardt
Uncertain Dangers In Unlawful Detainers, Roger Bernhardt
Publications
This article discusses the nature of unlawful detainer actions in California and the difficulties they create on tenants’ ability to negotiate with landlords over honest disputes..
Risky Recitals, Roger Bernhardt
Risky Recitals, Roger Bernhardt
Publications
This article compares judicial foreclosure to nonjudicial trustee sales and the significance of recitals in the trustee’s deed
Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt
Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt
Publications
This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.
Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt
Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt
Publications
This article discusses a California case which held that a tenant in common’s exclusive use of property was insufficient to establish adverse possession or an ouster.
Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt
Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt
Publications
This article discusses a Ninth Circuit case where plaintiffs unsuccessfully claimed violation of the Fair Housing Act because the homeowners association had never refused to make the requested accommodation.
Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt
Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt
Publications
This article discusses a California case which held calculated an equitable subrogation award following sale of a home by crediting all joint tenant’s mortgage payments against net proceeds before dividing the balance into equal shares.
Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt
Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt
Publications
This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.
Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt
Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt
Publications
This article discusses a California case which court held that posting of permission-to-pass signs by a lessee, who was not landowner’s authorized agent, was ineffective to stop the neighbor’s prescriptive easement claim.
What Happens When The Sky Does Fall In?, Roger Bernhardt
What Happens When The Sky Does Fall In?, Roger Bernhardt
Publications
This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
Publications
The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya
Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya
Publications
No abstract provided.
Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter
Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter
Publications
In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to individual Indians, and sell off the rest to non-Indians. The idea was that Indians would abandon traditional patterns of subsistence to become American-style farmers, and great tracts of land would be freed up for the advance of white settlement. A key component of the federal government's larger project of assimilating Indians into …