Law Commons^™

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 …

Remedies Of Good Faith Occupier Who Has Improved Land--In Kentucky, Robert F. Stephens

Kentucky Law Journal

No abstract provided.

The Validity Of The Gift Over In Kentucky Determined Through Construction Of Estate In First Taker, Norma D. Boster

Kentucky Law Journal

No abstract provided.

Realidades De La Propiedad Urbana En Cuba, Juan Tejada Y Sáinz

Mario Diaz Cruz Pamphlets

Un estudio estadístico y razonado de los efectos de las congelaciones de alquileres y el derecho de permanencia sobre los ingresos del Estado y el municipio, la población trabajadora, el comercio, el tránsito, el urbanismo y el propietario.

Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson

Michigan Law Review

Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …

Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.

Michigan Law Review

A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics' lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics' lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158.

Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.

Michigan Law Review

Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …

Implied Easements Of Necessity Contrasted With Those Based On Quasi-Elements, Ernest W. Rivers

Kentucky Law Journal

No abstract provided.

Eviction Under A Covenant Of General Warranty In Kentucky, James C. Blair

Kentucky Law Journal

No abstract provided.

Direct Restraints On Alienation In Kentucky, Charles R. Gromley

Kentucky Law Journal

No abstract provided.

Creation Of Joint Tenancy By Conveyance Of Tenants In Common To Themselves, William Rice

Kentucky Law Journal

No abstract provided.

The New Real Estate License Law, H. Bemis Lawrence

Kentucky Law Journal

No abstract provided.

Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii

Vanderbilt Law Review

One of the most technical problems in the field of property law is the manner in which future interests in realty and personalty may be alienated. The term, future interest, is used here to mean a presently existing interest which is deprived of possession but which looks forward to possession in the future. The term is a misnomer. Such an interest is "future" only in the sense that it looks toward becoming possessory in the future. Just as future interests is a law of words, so the alienability of future interests is, in the absence of statute, a law of …

Public Use, Public Policy And Recent Developments In The Law Of Eminent Domain, Morree Levine

Buffalo Law Review

No abstract provided.

Depreciation Of Improved Real Property In Trust Estates, Thomas J. Kelly, John G. Wick

Buffalo Law Review

No abstract provided.

Adverse Possession-Effect Of Severance Of Minerals After Adverse Possession Commenced, R. L. H. Jr.

West Virginia Law Review

No abstract provided.

Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey

West Virginia Law Review

No abstract provided.

Deeds--Recital Of Consideration--Applicable Statute, C. H. B.

West Virginia Law Review

No abstract provided.

Landlord And Tenant, Henry S. Barnes

Mercer Law Review

Despite the fact that during the year under consideration the courts have had to deal with run-of-the-mine cases, several interesting problems have been considered. It is the purpose of this article to discuss very briefly those cases which indicate the trend of the law in this field.

Where a vendor conveys land to a purchaser who intends to use the premises for a known purpose and, at the same time, orally agrees not to use adjoining retained land for the same purpose, he creates a restriction on the use of the retained land that equity will enforce against him. or …

Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Property, Real, Henry S. Barnes

Mercer Law Review

A goodly number of cases involving some phase of real property law reached the appellate courts during the year, however, the great majority turned on a question of pleading or practice rather than of real property law. Since a detailed analysis and discussion of all the cases will not be possible, only those decisions which indicate the establishment of new, or the growth, extension, or clarification of existing, principles will be mentioned.

Williams v. Thomas County is in line with the modern doctrine that any present interest in land is alienable. A possibility of reverter or a right .of entry …

Constitutionality Of Marketable Title Acts, Ralph W. Aigler

Michigan Law Review

In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …

Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.

Michigan Law Review

A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …

Increasing Land Alienability Through Re-Recording Acts-The Indiana Statute

Indiana Law Journal

No abstract provided.

Property-Effect Of Lack Of Notice Of Severance Of Mineral Estate On Adverse Possession Claim Of Surface Holder [United Fuel Gas Co. V. Dyer, Fed. 1950]

Washington and Lee Law Review

No abstract provided.

Property-Right Of Surface Owner To Easement Of Necessity Through Mineral Stratum To Reach Underlying Estate [Pyramid Coal Corp. V. Pratt, Ind. 1950]

Washington and Lee Law Review

No abstract provided.

Property-Remedies Of Owner Against Encroachment By Trees From Adjoining Property [Sterling V. Weinstein, D. C. 1950]

Washington and Lee Law Review

No abstract provided.

The Prevailing Theory Of Mortgages And Deeds Of Trust In Virginia, Charles E. Van Fossen

William and Mary Review of Virginia Law

No abstract provided.

Property - Enforcement Of Personal Covenants Against Subsequent Grantees, Thomas G. Martin

William and Mary Review of Virginia Law

No abstract provided.

The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker

Washington Law Review

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement for the benefit of one part of the land to the detriment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or conveyed. The easement arising from the former will be termed an "implied easement" while the latter will be referred to as a "way of necessity." Though …