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Property Law and Real Estate

England

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Full-Text Articles in Law

Security And Economy In Land Transactions: Some Suggestions From Scotland And England, Ted J. Fiflis Jan 1968

Security And Economy In Land Transactions: Some Suggestions From Scotland And England, Ted J. Fiflis

Articles

No abstract provided.


Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake Jan 1920

Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake

Articles

If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the courts have been slower in approaching the subject ...


The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood Mar 1917

The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood

Articles

The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.


Rule Against Perpetuities As Applied To Options, John R. Rood Jan 1916

Rule Against Perpetuities As Applied To Options, John R. Rood

Articles

Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. D. 279, sustaining an option of a corporation to buy or call in its stock at any time; and Southeastern Ry. Co ...


Statute Of Uses And The Modern Deed, John R. Rood Jan 1905

Statute Of Uses And The Modern Deed, John R. Rood

Articles

To what extent does the modem conveyance of estates in land in the United States by deed derive its validity from the English Statute of Uses, 27 Hen. 8, c. IO? No doubt the student, and especially the teacher, is inclined to magnify the importance of mere matters of history, because it is so much easier to understand or explain many of the terms and doctrines of real property law by approaching them historically, and, indeed, many of them cannot otherwise be understood at all. And yet we all have this constant, serious, and often difficult task, of separating matter ...