Law Commons^™

Real Estate Multiple Listing Service As Restraint Of Trade

Washington and Lee Law Review

No abstract provided.

Diminishing Property Rights, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.

The "Aggrieved Person" Requirement In Zoning, Robert A. Hendel

William & Mary Law Review

No abstract provided.

Eminent Domain - Riparian Rights, Jean Mcguinness

Duquesne Law Review

The Supreme Court reaffirms its decision in United States v. Twin City Power Co., 350 U.S. 222 (1956) and holds that the government may disregard the value of land arising from the fact of riparian location in compensating the owner when fast lands are appropriated.

United States v. Rands, 88 S. Ct. 265 (1967).

Torts—Attractive Nuisance—Property Owner Not Liable For Injuries Suffered By A Child Playing With A Metal Grating Imbedded In A Public Sidewalk, Max E. Schlopy

Buffalo Law Review

Cuevas v. 73rd & Central Park West Corp., 26 A.D.2d 239, 272 N.Y.S.2d 41 (1st Dep't 1966).

Contracts: A Real Estate Contract Made On Sunday Is Unenforceable, John M. Brumbaugh

Maryland Law Review

No abstract provided.

Discovery Against The United States In Civil Tax Proceedings, Converse Murdoch

Villanova Law Review (1956 - )

No abstract provided.

Proprietary Interests And Proprietary Estates In Space

Indiana Law Journal

No abstract provided.

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

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

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.

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 …

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 …

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 …

Maryland Zoning - The Court And Its Critics, George W. Liebmann

Maryland Law Review

No abstract provided.

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

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

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.

Special Treatment Of Cemeteries, David H. Getches

Publications

No abstract provided.

Demarcación Territorial De Los Juzgados Municipales, Partidos Judiciales Y Registros De La Propiedad De La República De Cuba, República De Cuba

Mario Diaz Cruz Pamphlets

Obsequio del colegio de abogados de la Habana, a sus colegiados

Constitutionality Of Subdivision Control Exactions The Quest For A Rationale, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Property--Effects Of Alteration Of Recordable Instruments, Robert Brand Stone

West Virginia Law Review

No abstract provided.

Torts--Extention Of Definition Of Invitee To One Entering Private Property Without Premission, Robert Bruce King

West Virginia Law Review

No abstract provided.

Trespassing Children: A Study In Expanding Liability, R. Neal Batson

Vanderbilt Law Review

When confronted with a case involving a child plaintiff, attorneys and the courts should recognize that the doctrine of attractive nuisance is only one of several theories on which the plaintiff may proceed against a landowner. The status of a plaintiff should first be determined. If the child is a trespasser, then either the constant trespasser theory, the known trespasser theory, or the doctrine of attractive nuisance may be applicable. It is possible, however, that the court may reject any one or all of these theories and decide the particular case under the general negligence principles of foreseeability of harm …

Real Property Depreciation Recapture: An Ineffectual Reform Of The Tax Laws, Charles S. Franklin

Vanderbilt Law Review

This note stems from a belief that an asymmetrical body of tax laws is a challenge to the legal profession which, by training, experience and tradition, is well situated to spur and guide reform. It is my intention to outline the story of but one section of the Internal Revenue Code: why it was proposed, what it sought to do, how it underwent modification by an unsympathetic congressional committee, and how it was finally enacted as a superficial compromise with the underlying asymmetry of our tax laws. In short, what follows is an appended bar in the organ theme entitled …

Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman

Washington Law Review

It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …

Security Interests In Personal Property, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

Toward A Uniform Cotenancy Law

Washington and Lee Law Review

No abstract provided.

Selected Tax Aspects Of Divorce And Property Settlements

Indiana Law Journal

No abstract provided.

Book Review Of Family Property Settlements Future Interests, Oval A. Phipps

Journal of Legal Education

No abstract provided.