Law Commons^™

Condominiums In Washington, Jerry W. Spoonamoore

Washington Law Review

The development of the condominium concept is a direct response to the problems of urbanization, increased costs of land ownership and the necessity of utilizing the diminishing resource of land in an efficient fashion. This comment surveys problems of management, taxation, financing, liability and insurance, and the relationship of these problem areas to Washington's 1963 Horizontal Property Regimes Act. The author concludes that, though the ramifications of the Act have not as yet been tested in the courts, and though the task of drafting condomium documents is made difficult by significant areas of uncertainty in the law, hazards can be …

Eminent Domain—Impermissible To Base Market Value Of Condemned Land Solely On Capitalization Of Income Expected To Be Realized From Buildings On Which No Work Had Been Done As Of The Day Of Taking, John J. Ark

Buffalo Law Review

Arlen of Nanuet, Inc. v. State, 26 N.Y.2d 346, 258 N.E.2d 890, 310 N.Y.S.2d 465 (1970).

Retaliatory Eviction—Statute Prescribing Criminal Penalties For Landlord Reprisals Against Tenants Who Report Violations Of Housing Or Health Laws Held Constitutional, Larry Schapiro

Buffalo Law Review

State v. Field, 107 N.J. Super. 107, 257 A.2d 127 (App. Div. 1969).

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

North Carolina Central Law Review

No abstract provided.

Inequality In Real Property Tax Review, Adolph Koeppel

Buffalo Law Review

No abstract provided.

Deeds--Estoppel By Deed--Void Deeds Not Given Effect By Estoppel, James R. Watson

West Virginia Law Review

No abstract provided.

Legal Methods Of Historic Preservation, Grace Blumberg

Buffalo Law Review

No abstract provided.

The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell

St. Mary's Law Journal

Abstract Forthcoming.

Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom

St. Mary's Law Journal

Abstract Forthcoming.

The Federal-State Offshore Oil Dispute, James W. Corbitt Jr.

William & Mary Law Review

No abstract provided.

Condominiums: Incorporation Of The Common Elements--A Proposal, John H. Bailery, Iii, Lawrence C. Ashby

Vanderbilt Law Review

Although the establishment of a common element corporation will provide the unit owners with some relief from major legal problems,close examination clearly reveals that such a proposal is not a ready cure for the condominium's many drawbacks. Among the proposal's chief benefits is the elimination of unlimited, joint and several liability for the unit owners. At the same time, responsibility for liability and casualty insurance coverage will be more clearly defined with the consequent elimination of double coverage. A variety of procedural questions will also be resolved since the corporation will be directly responsible for the common areas and facilities …

Property--Recovery For Improvements Mistakenly Made On The Land Of Another, James R. Watson

West Virginia Law Review

No abstract provided.

Zoning - Authority To Determine Situs Of Schools, Frederick B. Gieg Jr.

Duquesne Law Review

The Pennsylvania Supreme Court has held that a statute investing school districts with the power to choose location of schools precludes townships from applying their zoning regulations to restrict construction of a school on a tract chosen by the school directors.

Pernberton Appeal, 439 Pa. 249, 252 A.2d 597 (1969).

The Sst And Inverse Condemnation, Jerome Neil Kline

Villanova Law Review (1956 - )

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, Roger A. Cunningham

Buffalo Law Review

No abstract provided.

Percentage Leases: May Lessee Vacate Premises, Stuart F. Kline

Cleveland State Law Review

A percentage lease is one which states a minimum rental, and, above that, an additional rental based upon a stated percentage of gross sales. The litigation posing the most difficulty in the area of percentage leases involves the right of the lessee to vacate the premises.

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

Zoning-Non-Conforming Use, 22 S.C. L. Rev. 844 (1970), Gerald E. Berendt

UIC Law Open Access Faculty Scholarship

No abstract provided.

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …

Real Estate Brokerage: In A Nutshell, Edward T. Haggins

Cleveland State Law Review

There are usually three parties to a real estate transaction; a seller, a buyer, and a real estate broker. The real estate broker is the middleman whose duty is to bring the buyer and the seller together. Ordinarily the real estate broker represents the vendor in that he has usually signed a listing contract to sell the vendor's home. The broker plays a significant role in the sale of property. It is he who guides the sale from beginning to end. Without the services of a real estate broker, most sales would never materialize. In order to understand the importance …

Hidden Risks In Real Estate Title Transactions, Sherman Hollander

Cleveland State Law Review

No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …

Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey

Law Faculty Research Publications

Over 65 cases were decided by Michigan courts during the Survey period dealing with some aspect of property law. Most of these cases raise property questions which are only incidental to nonproperty issues and, as a result, will not be discussed in this article. Similarly, those cases which have no precedential value, restate old law, or confirm an established trend are not considered worthy of discussion. Accordingly, in our judgment, only 16 property cases decided during the Survey period merit protracted attention.

The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, Otto J. Hetzel

Buffalo Law Review

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, William H. Ledbetter Jr.

Buffalo Law Review

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, William C. Prather

Buffalo Law Review

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, A. Dan Tarlock

Buffalo Law Review

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, Robert I. Reis

Buffalo Law Review

No abstract provided.

George Lefcoe, Land Finance Law: A Symposium Review, Kenneth J. Guido Jr.

Buffalo Law Review

No abstract provided.