Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii
Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii
Pepperdine Law Review
No abstract provided.
A Brief Explanation And Evaluation Of The Law On Fixtures, Michael Lp Lower
A Brief Explanation And Evaluation Of The Law On Fixtures, Michael Lp Lower
Michael LP Lower
A fixture is an item brought onto land that becomes part of the land: ownership of the land carries with it ownership of the item. Other items remain mere chattels. Ownership of the land does not necessarily carry with it ownership of the chattel. This article is an introduction to, and evaluation of, the law in this area.
. Groping Along Between Things Real And Things Personal: Defining Fixtures In Law And Policy In The Ucc, 78 U. Cincinnati L. Rev. 1437 (2010), Marc L. Roark
Marc L. Roark
The law of fixtures under the Uniform Commercial Code (UCC) is helplessly tied to the various state laws dictating real estate. The natural impact of explicitly tying a UCC doctrine to multiple state law variations is loss of uniformity. At the center of the fixtures discussion in the UCC is a definition that does not define, and more importantly, does not limit doctrinal extension. Because the UCC offers a nondefining definition, this Article considers the function of the fixtures definition. Specifically, this Article argues that the fixtures definition in UCC Section 9-102(a)(41) performs a function just as important as defining--it …
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 …
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
William & Mary Law Review
No abstract provided.
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, …
The Maryland Law Of Fixtures, Shale D. Stiller
The Maryland Law Of Fixtures, Shale D. Stiller
Maryland Law Review
No abstract provided.
Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake
Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake
Articles
If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the courts have been slower in approaching the subject …