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Articles 91 - 120 of 120
Full-Text Articles in Law
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Cleveland State Law Review
Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Cleveland State Law Review
It would seem best to recognize that the old rule of waste, which was based on practically any physical change in the premises, is dead.The rule today would clearly seem to be that, to determine waste, one must decide whether or not the acts complained of violated the actual or presumed intention of the parties creating the estate. Certainly the least desirable approach to a determination of what is actionable waste is that which attaches liability to certain acts regardless of their desirability or practical context. It seems to be the rule today that the intention of the parties, or, …
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
Cleveland State Law Review
The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to …
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
Cleveland State Law Review
This article examins the liability of an abutting land owner or possessor, making special use of a public sidewalk, for injuries received by persons while on the sidewalk. An abutting owner is defined as "an owner of land which abuts, adjoins or is in close proximity." The definition includes the owner or possessor of property which abuts or adjoins land which legally constitutes a public right of way.
Covenant To Repair As Evidence Of Landlord's Control, Edmund Button
Covenant To Repair As Evidence Of Landlord's Control, Edmund Button
Cleveland State Law Review
An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.
Title Insurance Aspects Of Tort Liability, Dean T. Lemley
Title Insurance Aspects Of Tort Liability, Dean T. Lemley
Cleveland State Law Review
By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.
Landlord's Liability For Ice And Snow, Michael R. Gareau
Landlord's Liability For Ice And Snow, Michael R. Gareau
Cleveland State Law Review
The relation of landlord and tenant creates rights and liabilities for each. The landlord who rents a part of his premises and retains a portion thereof which is used in common by all of the tenants is deemed to have retained control of such portion and a duty is imposed upon him to keep it in a reasonably safe condition.Since the landlord has the obligation to keep the common ways in a reasonably safe condition, the question arises whether or not this obligation is imposed upon a landlord where the common areas are rendered unsafe due to accumulations of ice …
Landowner's Responsibility To A Social Guest, Burt C. Siebert
Landowner's Responsibility To A Social Guest, Burt C. Siebert
Cleveland State Law Review
The early common law, from which our present law has evolved, classifies persons on land into three basic categories: trespassers, licensees, and invitees. The classification determines the standard of care that is owed to these persons. The standard of care is a duty imposed upon the landowner because he is in control of his land, is presumed to know all about his land and any dangers or possible dangers that may exist, and is best able to prevent any harm to others. A "social guest" can fit into all three of the categories, as a trespasser, a licensee, or an …
Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe
Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe
Cleveland State Law Review
As pioneering judges base their decisions more and more on fairness and practicality, timeliness becomes an important test for any rule of law. This test becomes particularly pertinent when there exist, side by side, in connection with a single point of law, two irreconcilable views, both of which can boast of proud precedents and a heavy "weight of authority." Such are the two views in regard to the very old landlord-tenant problem with which we are here concerned: in the absence of an express provision, is there implied, in the lessor-lessee relationship itself, an obligation on the part of the …
Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz
Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz
Cleveland State Law Review
Generally, the landlord is under an affirmative obligation to exercise ordinary care to keep those parts of the premises over which he has retained possession and control in a reasonably safe condition. The test of possession and control is whether or not the landlord has the power and the right to admit people to or exclude them from the premises.
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Cleveland State Law Review
The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …
Statute Of Frauds And Land Transactions, Brendan F. Brown
Statute Of Frauds And Land Transactions, Brendan F. Brown
Cleveland State Law Review
The English Parliament enacted the Statute of Frauds in 1676 "for the prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury." It became effective the following year. These practices had become common as a result of the confusion, turmoil, and lawlessness which had accompanied and followed the English Civil War and the Restoration. They were peculiarly common in those categories of transactions which were included within the formalism prescribed by the Statute. Those categories related to land transactions, and to certain types of agreements involving personal property.
Fraud In Realty Transactions, David S. Lake
Fraud In Realty Transactions, David S. Lake
Cleveland State Law Review
In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).
Change Of Neighborhood In Nuisance Cases, Martin A. Levitin
Change Of Neighborhood In Nuisance Cases, Martin A. Levitin
Cleveland State Law Review
The law of nuisance lies somewhere between the legal principle that each person may use his property as he sees fit, and the contradictory principle that he must so use it as not to injure the property or rights of his neighbors. With the growth of our nation, and its changing balance between rural and urban populations, the established principles of tort law as applied to nuisances evidence the "elastic adaptability" of the common law.
Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol
Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol
Cleveland State Law Review
Many long established thoroughfares are presently being abandoned and vacated to make way for the erection of urban redevelopment programs and the construction of freeway systems. Similarly, the application of scientific principles of traffic engineering to the modernization of existing thoroughfares eliminates jogged intersections and reduces sharp curves, frequently entailing vacation of the abandoned portions of such relocated roads. Resubdividing undeveloped tracts sometimes necessitates vacation of dedicated but unimproved streets in favor of revised thoroughfare plans. Modern fashion has rendered many alleys and courts obsolete and unnecessary. To avoid the expense of their maintenance both abutting owners and governmental subdivisions …
Landlord's Control Of Leased Premises, Albert G. Schleicher
Landlord's Control Of Leased Premises, Albert G. Schleicher
Cleveland State Law Review
Where the landlord has retained possession and control of a part of the demised premises, he may be liable to the tenant or one in the right of the tenant for failure to exercise ordinary care to keep that part of the premises over which he has retained possession and control in a reasonably safe condition. The problem arises over what portion of the premises the landlord has retained possession and control, especially when the lease contains no provision on this subject. A review of the principles and a sampling of various fact situations involving possession and control of the …
Landlord's Control Of Leased Premises, Albert G. Schleicher
Landlord's Control Of Leased Premises, Albert G. Schleicher
Cleveland State Law Review
Where the landlord has retained possession and control of a part of the demised premises, he may be liable to the tenant or one in the right of the tenant for failure to exercise ordinary care to keep that part of the premises over which he has retained possession and control in a reasonably safe condition. The problem arises over what portion of the premises the landlord has retained possession and control, especially when the lease contains no provision on this subject. A review of the principles and a sampling of various fact situations involving possession and control of the …
Mortgage Theory Of Ohio, James Jay Brown
Mortgage Theory Of Ohio, James Jay Brown
Cleveland State Law Review
It will be the function of this paper to explore the theory of the real estate mortgage as it is being used in the confused state of Ohio. The theories will be identified and defined. From this academic introduction, practical uses of the theories will be suggested. This will be followed by an analysis of Ohio case decisions since 1929. The conclusion of this analysis will be a determination of whether the state has been consistent in its reasoning and theory.
Rules Of The Road On Private Land, Margaret Mazza
Rules Of The Road On Private Land, Margaret Mazza
Cleveland State Law Review
As the number of automobiles increases, and as a main attraction to retail merchandising becomes the amount of parking facilities available to customers, courts will be confronted more often with traffic accidents on private property. Whether the common law rules of negligence are used, or whether the statutory regulations are applied initially or indirectly by analogy, the courts will find it more and more important to settle this legal problem uniformly and realistically.
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Cleveland State Law Review
A continuous and steady expansion of residential dwelling is desirable from both a sociological and economic standpoint. Continuing support is required from risk capital willing to invest throughout the United States. This necessarily means that, if funds are to be drawn from areas of financial plenty to areas experiencing a financial drought, the investor will often not be a party to the original loan transaction, but will be a transferee of a local mortgage lender. We will consider those situations which are most often the foundation for an allegation of usury by the borrower-where there is a substantiated charge of …
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing John E. Cribbet, William F. Fritz and Corwin W. Johnson, Property: Cases and Materials, Foundation Press, 1959
Execution Against Co-Tenants Of Real Property, Jewel Hammond Mack
Execution Against Co-Tenants Of Real Property, Jewel Hammond Mack
Cleveland State Law Review
Execution on a judgment debt is the last and most important step in a creditor's successful legal efforts. Execution often is the ultimate procedural objective of the litigant, as well as of the attorney who represents him throughout the entire action for the debt.
Due Care In Drafting Real Property Descriptions, Dean T. Lemley
Due Care In Drafting Real Property Descriptions, Dean T. Lemley
Cleveland State Law Review
A long, detailed description may be exasperating to the engineer, attorney, or title examiner when preparing and checking the deed, but it is not nearly so exasperating as is a long, detailed, and expensive law suit to the client. Identity of land is the sole purpose of the description, and the authorities are endless that nothing will pass by a deed except what is described in it, whatever the intentions of the parties may have been.
Book Review, Chester B. Gynn Jr.
Book Review, Chester B. Gynn Jr.
Cleveland State Law Review
Reviewing Milton R. Friedman, Contracts and Conveyances of Real Property, Callaghan & Company, 1954
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Cleveland State Law Review
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …
Nuisance In A Nutshell, Howard L. Oleck
Nuisance In A Nutshell, Howard L. Oleck
Cleveland State Law Review
Nuisance is a word, and a legal phenomenon, of vague and conflicting nature. It refers to a liability rather than to an act. This article essays to summarize the modern law of nuisance, briefly, and without detailed attempts to indicate the latest points of evolution of the law on the subject.
A Historical Sketch Of The American Recording Acts, P.H. Marshall
A Historical Sketch Of The American Recording Acts, P.H. Marshall
Cleveland State Law Review
The Recording Acts have come into existence primarily to fulfill the "needs" and requirements of the people enacting them - the ultimate need being the protection of the bona fide purchaser for value in a real estate conveyance. However, the requirements of the people throughout the historical development of the law differed greatly. It is quite clear that the fore-running statutes of today's recording acts were based upon a revenue preservation basis rather than the protection of anyone. As land conveyance became more frequent, this pecuniary basis was transformed into a more equitable one, which finally formulated the recording acts …
Standards Of Title Examination, Ohio State Bar Association
Standards Of Title Examination, Ohio State Bar Association
Cleveland State Law Review
Standards of Title Examination adopted in 1952 and 1953 by the Ohio State Bar Association: The primary purpose of standards of title examination is to promote uniformity of practice pertaining to marketability of titles. Standards of title examination have been adopted by the bar associations of seventeen other states. All reports from these states show that the bar welcomes and appreciates the benefits.The scope of the work has been limited by the committee's policy of proposing standards for adoption by the association only where the practice has been diverse and where no substantial doubt as to the law or as …
A Note On Racial Restrictions, William R. Kinney
A Note On Racial Restrictions, William R. Kinney
Cleveland State Law Review
In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
Cleveland State Law Review
The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …