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Articles 1 - 30 of 57
Full-Text Articles in Property Law and Real Estate
Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet
Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet
Faculty Scholarship
Non-fungible tokens (popularly known as NFTs) and blockchains are frequently promoted as the solution to a multitude of property ownership problems. The promise of an immutable blockchain is often touted as a mechanism to resolve disputes over intangible rights, notably intellectual property rights, and even to facilitate quicker and easier real estate transactions.
In this Symposium Article, we question the use of distributed ledger technologies as a method of facilitating and verifying the transfer of physical assets. As our example of an existing transfer method, we use real property law, which is characterized by centuries-old common law rules regarding fractionalized …
The Commodification Of Public Land Records, Reid K. Weisbord, Stewart E. Sterk
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 …
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Donald J. Kochan
Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle
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.
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
Ronald Brown
No abstract provided.
Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Ownership Of Coalbed Methane Gas: Recent Developments In Case Law, Michelle D. Baldwin
Ownership Of Coalbed Methane Gas: Recent Developments In Case Law, Michelle D. Baldwin
West Virginia Law Review
No abstract provided.
Property Law, W. Wade Berryhill
Property Law, W. Wade Berryhill
Law Faculty Publications
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session. Several judicial decisions, although none could be described as landmark determinations, are of interest and clarify points of law. These cases, as well as selected items of legislation which are believed to be of the most practical interest to …
Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma
Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma
Faculty Scholarship
No abstract provided.
Property, W. Wade Berryhill
Property, W. Wade Berryhill
Law Faculty Publications
This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.
Property, W. Wade Berryhill
Property, W. Wade Berryhill
Law Faculty Publications
The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them. In the majority of the cases which follow, the Virginia Supreme Court affirms and …
Robin Hood Was Right, Or, Never Trust A Sheriff: The Relationship Between Sheriffs' Sales And The Maryland Recording Act, Alice A. Soled
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
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
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.
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.
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
Partition Deed Cannot Create Tenancy By Entireties
Washington and Lee Law Review
No abstract provided.
Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff
Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Deeds--Validity Of A Deed Not Signed By All Parties Designated As Grantors, J. W. P.
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
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
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.
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.
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.
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
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
Deeds--Construction As To Grantees--Official Or Representative Capacity, D. C. H.
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.
Deeds--Rules Of Construction--Intent Of Grantor, H. L. W. Jr.
West Virginia Law Review
No abstract provided.