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Articles 1 - 5 of 5
Full-Text Articles in Property Law and Real Estate
Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato
Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato
Faculty Scholarship
Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …
How The Blockchain Undermined Digital Ownership, Aaron Perzanowski
How The Blockchain Undermined Digital Ownership, Aaron Perzanowski
Washington and Lee Law Review
The shift from a market built around the sale of tangible goods to one premised on the licensing of digital content and services has done significant and lasting damage to the notion of individual ownership. The emergence of blockchain technology, while certainly not necessary to reverse these trends, promised an opportunity to attract investment and demonstrate consumer demand for marketplaces that recognize meaningful digital ownership. Simultaneously, it offered an avenue for alleviating worries about hypothetical widespread reproduction and unchecked distribution of copyrighted works. Instead, many of the most visible blockchain projects in recent years—the proliferation of new cryptocurrencies and the …
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 …
Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato
Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato
Faculty Publications
Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …
Real Estate Trends: Title And Blockchain Technology, Laura M. Padilla
Real Estate Trends: Title And Blockchain Technology, Laura M. Padilla
Faculty Scholarship
This article discusses how blockchain technology could revolutionize real property title record-keeping, or not. It begins with a brief history of property transfers and title registry in the United States, followed by a basic overview of blockchain technology. Then it outlines how title is typically recorded today, including the role of traditional grantor-grantee indexes, plus less common tract indexes. It describes common title problems, often caused by human error, and exacerbated by an outdated system, together with an explanation of how blockchain and even tract indexes could eliminate or mitigate many title problems and simplify an antiquated system. The article …