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Articles 1 - 6 of 6
Full-Text Articles in Law
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Thomas W. Mitchell
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson
A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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 …
Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, David R. Hague
Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, David R. Hague
Faculty Articles
Under § 1129(a)(10) of the Bankruptcy Code, a debtor's plan of reorganization cannot be confirmed unless at least one "impaired class" accepts the plan, excluding acceptance of any insider of the debtor. A class of claims accepts the plan if more than one-half in number and at least two-thirds in amount of claims voting in a class favor the plan. Thus, a debtor's composition of its classes clearly has a substantial impact upon its chances of successfully confirming its plan of reorganization over dissenting creditors. Obviously, the debtor would like to have unfettered power and full discretion to group creditors …
Property: Preoccupation With Occupancy: Defining "Residential Tenant" Under Minnesota Statute Section 504b.375—Cocchiarella V. Driggs, Lisa Cline
Mitchell Hamline Law Review
No abstract provided.
Maintaining Condominiums And Homeowner Associations: How Much Of A Priority?, Stewart E. Sterk
Maintaining Condominiums And Homeowner Associations: How Much Of A Priority?, Stewart E. Sterk
Faculty Articles
During the recent real estate crisis, competition for scarce dollars pitted the holders of defaulted mortgages against condominiums and homeowner associations seeking to collect maintenance assessments. Statutes providing mortgagees with lien priority threatened association ability to provide services, and imposed a disproportionate burden on non-defaulting unit owners. Statutes enacted in other states gave associations a “super priority” lien for six months of assessments, but left uncertainty about the meaning of that super priority in an environment in which foreclosure delays became the norm.The last five years have brought a spate of litigation over the relative rights of associations and mortgagees. …