Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons

Open Access. Powered by Scholars. Published by Universities.®

3,389 Full-Text Articles 2,228 Authors 999,448 Downloads 102 Institutions

All Articles in Property Law and Real Estate

Faceted Search

3,389 full-text articles. Page 1 of 44.

Solar Rights In The United States, Sara C. Bronin 2015 University of Connecticut

Solar Rights In The United States, Sara C. Bronin

Sara C. Bronin

Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation ...


Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...


Civil Asset Forfeiture In Massachusetts: A Flawed Incentive Structure And Its Impact On Indigent Property Owners, Andrew Crawford 2015 Boston College Law School

Civil Asset Forfeiture In Massachusetts: A Flawed Incentive Structure And Its Impact On Indigent Property Owners, Andrew Crawford

Boston College Journal of Law & Social Justice

All fifty states and the federal government have civil asset forfeiture laws that enable law enforcement agencies to seize property that they suspect has been involved in the commission of a crime. Although there are many benefits to the system, there are also many flaws. The entire structure of the civil asset forfeiture system, at both the federal and state levels, creates incentives for abuse by law enforcement. This Note advocates for a series of changes to the current forfeiture law in Massachusetts, including requiring a heightened burden of proof, providing counsel to indigent property owners, and reforming the incentive ...


Mere Speculation: Overextending Carcieri V. Salizar In Big Lagoon Rancheria V. California, Christian Vareika 2015 Boston College Law School

Mere Speculation: Overextending Carcieri V. Salizar In Big Lagoon Rancheria V. California, Christian Vareika

Boston College Law Review

On January 21, 2014, in Big Lagoon Rancheria v. California, a divided panel of the U.S. Court of Appeals for the Ninth Circuit reversed the order of the U.S. District Court for the Northern District of California directing the State of California to negotiate with the Big Lagoon Rancheria toward the development of a gaming facility on the tribe’s trust lands. The issues in Big Lagoon arose from a collateral attack, long after land had been taken into trust and administrative and legal avenues to challenge that decision had expired. This Comment argues that the Ninth Circuit ...


Survey Of The Rights Of Receiverships To Sell Real Property, Baruch Kreiman 2015 Pepperdine University

Survey Of The Rights Of Receiverships To Sell Real Property, Baruch Kreiman

The Journal of Business, Entrepreneurship & the Law

The focus of this article is on the abilities of the receiver and the restrictions put on him regarding his management of the property-- specifically, whether the receiver has the ability to sell the land free and clear of all liens, and, if so, under what circumstances and by what method. Part II gives an overview of the article, discusses the structures of receivership statutes in various jurisdictions, and further discusses receivership sales. Part III analyzes the statutory frameworks and caselaw from a selection of jurisdictions with regards to their treatment of receiverships and focuses on sales made by the ...


Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan 2015 Pepperdine University

Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan

The Journal of Business, Entrepreneurship & the Law

Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was ...


Aventura Management, Llc V. Spiaggia Ocean Condominium Association: Condominium Associations Beware, William C. Matthews 2015 University of Florida Levin College of Law

Aventura Management, Llc V. Spiaggia Ocean Condominium Association: Condominium Associations Beware, William C. Matthews

Florida Law Review

In late January 2013, the Third District Court of Appeal sent shockwaves throughout the real estate community with regards to condominium associations’ rights as unit owners. In AventuraManagement, LLC v. Spiaggia Ocean Condominium Association (Spiaggia), the appellate court interpreted Florida Statute § 718.1162 in an unprecedented way. The court held that if a condominium association takes title to a unit before the bank forecloses on a defaulting unit owner, the association is jointly and severally liable for all past due assessments with the previous owner that came due, up to the time of transfer of title.3 Condominium associations across ...


¿En Que Se Parecen Rodolfo Orellana Y La Mafia Que Trafica Con Terrenos Ajenos Al Proyecto De Ley Que Pretende Modificar El Articulo 2014° Cc? A Propósito De La Fe Pública Registral Frente A La Falsificación De Documentos Y Suplantación De Identidad, Alan A. Pasco Arauco 2015 Universidad San Marcos

¿En Que Se Parecen Rodolfo Orellana Y La Mafia Que Trafica Con Terrenos Ajenos Al Proyecto De Ley Que Pretende Modificar El Articulo 2014° Cc? A Propósito De La Fe Pública Registral Frente A La Falsificación De Documentos Y Suplantación De Identidad, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova 2015 Universidad Nacional Mayor de San Marcos

La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner 2015 Nevada Law Journal

Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner

Nevada Supreme Court Summaries

The Court determined the proper interpretation of NRS 40.455(1), and applied it in a claim for a deficiency judgment following an out-of-state nonjudicial foreclosure. NRS 40.455(1) “does not require an out-of-state trustee’s sale to comply with NRS 107.080, nor does it preclude a deficiency judgment in Nevada when a nonjudicial foreclosure sale is conducted pursuant to the laws of another state.”


What Do You Do When The Contract Goes Breach; What Happens To The Buyer's Deposit On Cancellation, B. Casey Yim Esq. 2015 Murchison & Cumming

What Do You Do When The Contract Goes Breach; What Happens To The Buyer's Deposit On Cancellation, B. Casey Yim Esq.

B. Casey Yim Esq.

Many Real Estate transactions are cancelled, either by the buyer or seller. Sometimes the cancellation is due to a "breach" of the Real Estate Contract by seller or buyer. The next issue is what happens to the Buyer's "earnest money deposit"? The stated answer is in the contract itself, however, the wording of the language used may create more trouble than they are worth. This article describes the rights and liabilities of the parties to recover the deposit.


Free Riders On The Firestorm: How Shifting The Costs Of Wildfire Management To Residents Of The Wildland-Urban Interface Will Benefit Our Public Forests, Benjamin Reilly 2015 Boston College Law School

Free Riders On The Firestorm: How Shifting The Costs Of Wildfire Management To Residents Of The Wildland-Urban Interface Will Benefit Our Public Forests, Benjamin Reilly

Boston College Environmental Affairs Law Review

Since the early 1900s, the federal land management agencies—the Forest Service in particular—have focused their wildfire management efforts on suppression. A century of wildfire suppression policy has created a buildup of natural fuels in the Nation’s forests that contribute to larger, more damaging fires today. This, coupled with the rapid development of the Wildland-Urban Interface, makes today’s wildfires a greater threat to human life and property. As a result, the federal government’s annual expenditures for wildfire management have ballooned in recent years. Relying on the billions of tax dollars spent each year to fight wildfire ...


Tax Planning: Foreign Investment In United States Real Property, William H. Newton III 2015 Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern

Tax Planning: Foreign Investment In United States Real Property, William H. Newton Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy 2015 The Catholic University of America, Columbus School of Law

Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy

Catholic University Law Review

Whenever an engagement comes to a premature end, the first question that seems to be asked is: “who gets the engagement ring?” This Comment seeks to answer this question. As societal views regarding marriage and a woman’s role within it began to change in the mid-twentieth century, courts started to recognize engagement rings as conditional gifts that were conditioned upon the marriage actually occurring. Even with this framework, states remain divided on whether fault should be included as part of the analysis in determining which party is entitled to the ring if an engagement ends before marriage occurs. This ...


Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan Meek 2015 University of Akron

Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan Meek

Akron Law Review

No abstract provided.


City Of Norwood V. Horney - Much More Than Eminent Domain: A Foreceful Affirmation Of The Independent Authority Of The Ohio Constitution And The Court's Power To Enforce It, Kathleen Trafford 2015 University of Akron

City Of Norwood V. Horney - Much More Than Eminent Domain: A Foreceful Affirmation Of The Independent Authority Of The Ohio Constitution And The Court's Power To Enforce It, Kathleen Trafford

Akron Law Review

No abstract provided.


The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris 2015 Indiana University School of Law - Indianapolis

The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris

Emily Michiko Morris

Once the stuff of science fiction, nanotechnology is now expected to be the next technological revolution, but despite millions of dollars of investment, we still have yet to see the brave new world of cheap energy, cell-specific drug delivery systems, and self-replicating nanobots that nanotechnology promises. Instead, nanotechnology seems to be in a holding pattern, perpetually stuck in the status of “emerging science,” “immature field,” and “new technology” for over three decades now. Why? Professor Mark Lemley and a number of others have suggested that the answer to this puzzling question is simple: nanotechnology differs from the all of the ...


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz 2015 Touro Law Center

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf 2015 Boston College Law School

Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf

Boston College Environmental Affairs Law Review

Horizontal severance deeds separate property rights above and below the surface. Sub-surface rights have typically belonged to mineral estate owners, whereas surface rights above have typically belonged to farmers. In West Virginia, courts have traditionally applied a common law trespass doctrine known as reasonable necessity to account for times when these bifurcated rights clash. The reasonable necessity doctrine in West Virginia has evolved over time as state courts have made it more rigorous by requiring that, in exercising their rights, sub-surface mineral estate owners not substantially burden the surface. The U.S. Court of Appeals for the Fourth Circuit’s ...


Digital Commons powered by bepress