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2015

Property Law and Real Estate

Selected Works

Property law

Articles 1 - 7 of 7

Full-Text Articles in Law

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan Oct 2015

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

An organizing principle of the rule of law based on individualism and order is expressed by the Latin maxim nemo dat quod non habet – roughly translated to mean that one can only give what they have or one can only transfer what they own.  Yet when title disputes arise between two or more purchasers, we have accepted pragmatically that exceptions must be made to nemo dat and that, at times, we may have to, in essence, validate fraud and other dirty deeds.  The Article outlines the basic place of the nemo dat principle in our system of law, introduces …

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Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley Sep 2015

Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley

Jill M. Fraley

None available.

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The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown Aug 2015

The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown

Ronald Brown

Law students generally think that American property law is a confusing mix of unconnected, inconsistent and nearly incomprehensible rules. In fact, an overview of property law reveals a recurring pattern. In numerous situations, a successor in title takes the place of his or her predecessor regarding rights and responsibilities that are related to ownership of that land. That process is called substitution because the successor is substituted for the predecessor regarding those rights and responsibilities. But sometimes substitution happens automatically and other times it happens only if that is the parties' intent. Automatic substitution seems to follow the pattern established …

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Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss Jul 2015

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Andrew P. Morriss

In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …

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The Rhetorics Of Taking Cases: It's Mine V. Let's Share, Susan Ayres Jul 2015

The Rhetorics Of Taking Cases: It's Mine V. Let's Share, Susan Ayres

Susan Ayres

Regulatory takings cases originated in 1922 when Justice Holmes, in Pennsylvania Coal Co. v. Mahon, ruled that "while property may be regulated to a certain extent, if a regulation goes too far it will be recognized as a taking." This simple rule has resulted in over eighty years of case law that Carol Rose states has left takings law to "muddle along." While many legal scholars decry the incoherence and inconsistency of takings case law, this article provides a rhetorical analysis that explains the "muddle" as a result of rhetorical tensions between a Sophistic approach ("Let's Share") and an Aristotelian …

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Teacher's Manual For Property Law: Cases, Materials, And Problems, Thomas Shaffer Jun 2015

Teacher's Manual For Property Law: Cases, Materials, And Problems, Thomas Shaffer

Thomas L. Shaffer

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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