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Selected Works

Property Law and Real Estate

Real property

Articles 1 - 11 of 11

Full-Text Articles in Law

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan Dec 2017

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

Donald J. Kochan

This symposium essay uses the popular game Pokémon Go as a case study for evaluating conflicts that arise when augmented reality is layered over the real property of non-consenting owners. It focuses on the challenges augmented reality technologies pose to the meaning and enforcement of formal and informal trespass norms, first examining physical trespass issues (and enforcement difficulties) associated with game players who sometimes break physical property boundaries.

The essay then undertakes a thought experiment regarding possible recognition of a new, different type of trespass—one to augmented space. Pollock and Maitland called trespass the “fertile mother of all actions,” often …

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Bitproperty And Commercial Credit, Christopher K. Odinet Dec 2016

Bitproperty And Commercial Credit, Christopher K. Odinet

Christopher K. Odinet

In the past several years the growth of virtual property in today’s economy has been explosive. The everyday use of virtual assets ranging from Twitter and Facebook to YouTube and virtual world accounts is nearly absolute. Indeed, by one account Americans check social media over 17 times per day. Further, a growing number of savvy virtual entrepreneurs are reporting incomes in the six and seven figure range, derived solely from their online businesses. Nevertheless, although the commercial world has come to embrace these newfound markets, commercial law has done a poor job of keeping up. Scholars have argued that laws …

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Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan Dec 2015

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

The land one holds is generally only as good as the property rights contained in the deed.
The rights contained in the deed are only as good as the ability to get those rights enforced.
And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from
the point of conveyance. This Article pens the term “determinacy norm” to explain a collection
of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.
I contend that, in order to satisfy the determinacy norm for deed interpretation,
courts must (and …

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North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick Oct 2015

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 …

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2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Aug 2015

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

Ronald Brown

No abstract provided.

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Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Dec 2014

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

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …

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Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Wolf Nov 2014

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.

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Conservation Easements And The "Term Creep" Problem, Michael Allan Wolf Nov 2014

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 …

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Toward A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet Dec 2010

Toward A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet

Christopher K. Odinet

In a world that is increasingly global in scope, society has come to view the ever-growing body of international commercial laws as being exceptionally important. This is evidenced through the adoption of several high profile pieces of legislation over the past several decades: International Interest in Mobile Equipment - Study LXXI, the EU’s Draft Common Frame of Reference, the EU Directives on Consumer Protection, and, most noteworthy of all, the Convention for the International Sale of Goods (CISG).

As raised by Professors Sprankling, Coletta, and Mirow, what has been conspicuously absent from this growing body of laws is an international …

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Rethinking Adverse Possession: An Essay On Ownership And Possession, Carole Brown, Serena Williams Dec 2009

Rethinking Adverse Possession: An Essay On Ownership And Possession, Carole Brown, Serena Williams

Serena M Williams

In the wake of the present real estate crisis, there has been prolonged discussion of the wrongdoing that led to systemic failures in the national real estate market. The mortgage crisis caught the nation’s attention because of its large scale and its rippling effect throughout the economy. Equally nefarious is the impact of adverse possession on the rights of individual property owners. While a single adverse possession does not affect the national market in the same way as the mortgage crisis did, to the individual owner, the wrongdoing, in the form of a trespass, that ripens into title, is just …

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Chapter Ii Property Agents And Motor Dealers Act 2000 (Qld): The Answer To Our Prayers Or The Devil In Disguise?, Tammy Johnson May 2009

Chapter Ii Property Agents And Motor Dealers Act 2000 (Qld): The Answer To Our Prayers Or The Devil In Disguise?, Tammy Johnson

Tammy Johnson

In the mid to late 1990s the Gold Coast real property market was the subject of intense marketeering operations. Investigation revealed that the legislation regulating the real estate industry at that time was unable to combat such unethical and unscrupulous behaviour. The Queensland Government realised that action must be taken to provide for protection of consumers in the real property market. After some hasty drafting, the Property Agents and Motor Dealers Act 2000 (Qld) became effective on 1 July 2001. The aim of the Act was simple - to provide for consumer protection. After numerous and frequent amendments, the Act …

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