Law Commons^™

Real Property Law—Easements—Why Arkansas Should Adopt The Uniform Easement Relocation Act., Adam Conrady

University of Arkansas at Little Rock Law Review

No abstract provided.

The Future Of Cryptocurrency And Real Estate Transactions, Rachel Silverstein

Touro Law Review

Bitcoin and other cryptocurrencies are all the rage right now and are beginning to make their ways into everyday transactions— including real estate transactions. This article discusses whether using cryptocurrencies to complete real estate transactions will become the norm in the near future. Cryptocurrency laws in general are few and far between, but laws surrounding cryptocurrency and real property are even more sparse. Recent case law involving cryptocurrency is a major focus of this article, along with background knowledge about cryptocurrency and the meaning of “money” as we know it today. The article concludes with a discussion about the unlikelihood …

Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe

Faculty Scholarship

Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …

Amicus Curiae Brief Of Professors Karen Boxx And Gregory Hicks, May V. County Of Spokane, 199 Wash.2d 389 (2022) (No. 99598-2), Karen Boxx, Greg Hicks

Court Briefs

This case raises the difficult question of how to deal with the stain of racial restrictive covenants that have long been rendered unenforceable and illegal but remain in the property records. Petitioner is seeking to have such an offending covenant physically removed from the public records relating to his real property under authority of former Washington statute RCW 49.60.227 (2018). Since Petitioner has begun this quest, the legislature amended RCW 49.60.227 to provide a more detailed procedure to address the remnants of racism in property records, but this new procedure does not afford Petitioner the remedy that he sought under …

Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender

Northwestern Journal of Law & Social Policy

The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important …

Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy

Virginia Coastal Policy Center

In collaboration with Virginia Coastal Policy Center- William & Mary Law School, this report addresses the issue of vacant housing in the Middle Peninsula region with possible solutions. This report contains the results of a survey conducted by the Middle Peninsula Planning District Commission (MPPDC) and demographic data of the region to more clearly express the issues that the Middle Peninsula faces in relation to vacant and at-risk housing.

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan

Donald J. Kochan

Property Tax: A Primer And A Modest Proposal For Maine, Clifford H. Goodall, Seth A. Goodall

Maine Law Review

Property taxation has been viewed for years as the perfect “dragon to be slain” and by most “as both bad and doomed.” In spite of being one of the most commonly questioned and scrutinized issues by voters and politicians, property taxation survives as the primary revenue source for local governments. Maine's experience is an example of this continuing debate. The 2005 reform attempt by the Legislature known as LD 1 is the most recent example. Municipal over-dependence on the property tax, rising property values, unfunded state mandates, loss of federal revenues, and increased spending has significantly increased the percentage of …

Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier

Maine Law Review

This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …

Property Rights In Augmented Reality, Declan T. Conroy

Michigan Telecommunications & Technology Law Review

Increasingly, cities, towns, and even rural communities are being slowly reshaped by a dynamic yet initially imperceptible phenomenon: the elaboration of augmented reality. Through applications that place virtual features over specific, real-world locations, layers of augmented reality are proliferating, adding new elements to an increasingly wide range of places. However, while many welcome the sudden appearance of arenas for battling digital creatures in their neighborhood or the chance to write virtual messages on their neighbor’s wall, the areas being augmented oftentimes are privately owned, thereby implicating property rights. Many intrusions, of course, are de minimis: an isolated, invisible Pikachu unexpectedly …

Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale

Oklahoma Journal of Law and Technology

No abstract provided.

The Economic Loss Rule: Is A Building A “Product?” — Another View, Steve Siegfried, Erwin Gonzalez, H. Hugh (Terry) Mcconnell, Allen Bonner, James Czodli

University of Miami Law Review

This Article addresses how the Florida Supreme Court in Tiara Condominium Association v. Marsh & McLennan Cos. receded from its definition of “other property” in Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc. In Casa Clara the Florida Supreme Court held that a building is to be treated as a “product” for purposes of applying the Economic Loss Rule’s bar to tort claims for defective building materials incorporated into the building. Although Casa Clara adopted the economic loss rule established by Seely v. White Motor Co. and East River Steamship Corp. v. Transamerica Delaval, Inc., …

Bitproperty And Commercial Credit, Christopher K. Odinet

Christopher K. Odinet

Breaking Up Is Hard To Do: Developments In Partitioning Real And Personal Property In Marital, Business, And Personal Relationships In Florida Jurisprudence, Harry M. Hipler

University of Miami Business Law Review

This article focuses on partition of real and personal property in Florida in the 21st century. It discusses questions and issues about partitioning real and personal property, so that private lawyers who practice in a variety of areas can familiarize themselves with how partition proceedings work. Partition of real and personal property is not restricted to one area of the law. Instead, it relates to and bleeds over into a multitude of areas of the law making it necessary for all practitioners to be familiar with the area of partition. Partition is now provided in all 50 states, and Florida’s …

You Can't Choose Your Family, But You Should Choose Your Co-Tenants: Reforming The Upc To Benefit The Modest- Means Family Cabin Owner, Lisa C. Willcox

University of Colorado Law Review

No abstract provided.

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

North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick

Patrick K. Hetrick

A mother, her daughter, and her son-in-law received title to a North Carolina home as joint tenants with right of survivorship. Little did the mother know that she was almost instantly destroying the newborn joint tenancy when, in order to finance the purchase price, she alone executed a mortgage note and deed of trust at the closing. When she died several years later with that mortgage loan in default, a legal dispute arose centered on whether "severance" of the joint tenancy had occurred. Following traditional joint tenancy law theory, the Court of Appeals decided somewhat reluctantly that the joint tenancy …

2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Ronald Brown

No abstract provided.

Realtor As "Superbroker": Great Expectations Unrealized?, Rene Sacasa, Don Wiesner

Akron Law Review

This article explores the public policy and expectation issues surrounding the qualifications and liabilities of realtors. It is a premise of this article that two phenomena, the expectation that the realtor is a "superbroker" and the application of the law of fiduciaries, are making the practice unstaffable. This collection of society's needs and biases, it is offered, naturally followed land as a product and its transfer.

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 …

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

Georgia Journal of International & Comparative Law

No abstract provided.

Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams

William Mitchell Law Review

No abstract provided.

Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Wolf

Michael A Wolf

This Article includes four parts: (1) a defense of the real property/personal property distinction for a post-deconstructionist legal world, (2) a review of difficulties common law courts have encountered when applying real property concepts to disputes over money and personalty, (3) an exploration of the "rhetorical mismatch" typified by Justice Sandra Day O'Connor's opinion in Eastern Enterprises, and (4) a respectful request for judges to resist the temptation to collapse categories and instead to maintain, or even erect, meaningful distinctions.

Conservation Easements And The "Term Creep" Problem, Michael Allan Wolf

Michael A Wolf

This Essay first discusses the “term creep” problem that has long plagued the Anglo-American common law of real property, that is, the tendency of common law courts (and in turn commentators and legislators) to use the same label to describe two or more conceptually discrete, though related, concepts. The confusion between easements of the “traditional” and “conservation” varieties is just one in a long line of situations in which the decision to allow often significantly dissimilar concepts to share the same name has led to unfortunate consequences. The second part of the Essay explains the substantive nature of the hybrids …

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.

Consumerism And Land Sales , Leonard Levin

Pepperdine Law Review

No abstract provided.

Conservation Easements And The "Term Creep" Problem, Michael Allan Wolf

UF Law Faculty Publications

This Essay first discusses the “term creep” problem that has long plagued the Anglo-American common law of real property, that is, the tendency of common law courts (and in turn commentators and legislators) to use the same label to describe two or more conceptually discrete, though related, concepts. The confusion between easements of the “traditional” and “conservation” varieties is just one in a long line of situations in which the decision to allow often significantly dissimilar concepts to share the same name has led to unfortunate consequences. The second part of the Essay explains the substantive nature of the hybrids …

Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie

Articles

No abstract provided.