Housing Law Commons^™

Real Property - Adverse Possession - Title Acquired By Husband And Wife, Richard S. Rosenthal, George F. Lynch S.Ed.

Michigan Law Review

John and Maltie Preston moved onto a parcel of land in 1910 where they lived until 1950 when John died intestate. Maltie died intestate in 1954. Title to the land had been perfected by twenty years adverse possession. Evidence showed that the adverse possession was intended to inure to their joint benefit. Complainants, collateral heirs of John, sued in ejectment claiming that John took the whole title by exclusive adverse possession. Defendants, collateral heirs of Maltie, claimed a tenancy by the entirety had been created, with the survivor, Maltie, becoming the sole owner. The court of appeals ruled that the …

Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti

Michigan Law Review

H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on …

Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.

Michigan Law Review

In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due …

Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.

Michigan Law Review

Defendant leased a portion of plaintiff's building for a seven-year period. Contained in the lease was a covenant whereby the lessee agreed not to assign or sublet without the lessor's consent. One year prior to the expiration date of the lease, the defendant gave notice of his intention to vacate and submitted to the plaintiff a proposed sublease under which the premises would be rented to the Postmaster General of the United States. The plaintiff stipulated that the proposed sublessee was ready, able, and willing to assume the obligations of the original lease and was a proper sublessee in every …

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …

Real Property - Landlord And Tenant - Need For Lessee Who Transfers Whole Term To Base Right Of Re-Entry On Condition Of "Substantial Advantage" To Him, John A. Beach S.Ed.

Michigan Law Review

Plaintiff lessee transferred his interest in the first floor and basement of certain commercial premises for the full remaining period of his own lease, retaining his interest in the second floor, where he lived. This transfer was in form a sublease, under which plaintiff as sublessor reserved power to cancel the sublease and take possession without notice if the premises were used for any purpose other than an off-sale liquor store. Plaintiff's transferee later assigned all his interest to defendant corporation, which immediately began converting the premises into an ice cream store. After defendant had spent over $10,000 in remodeling, …

Adjacent Airspace In The Law Of Landlord And Tenant, Henry Mcgee

Faculty Articles

Professor McGee comments on whether tenants have rights to the airspace that extends beyond the exterior of the walls bounding the premises. Two of the issues put forth in cases are television antenna and air conditioners that protrude from tenants' windows. Professor McGee reviews some of the court cases that have help settle the issue of airspace rights, and finds that the courts have consistently held that the circle of the tenant's rights is great in circumference.

Discrimination Against Minorities In The Federal Housing Programs

Indiana Law Journal

No abstract provided.

Landlord And Tenant Notices, Cornelius J. Peck

Washington Law Review

The following article was prepared for the use of students taking the course in landlord and tenant law. In the hope that it may be of some use to practitioners in this state, it is reproduced here. For the convenience of the reader, the provisions of RCW 59.04.020 and a portion of the unlawful detainer statute, RCW 59.12.030, are set out below.

Taxation - Federal Income Tax - Renting Out A Single Home As A Trade Or Business For Purposes Of Capital Loss Carry-Over, Alice Austin S.Ed.

Michigan Law Review

Taxpayer, who was not in the real estate business and who was involved in only occasional real estate transactions, inherited a house which he rented out until he sold it at a loss. He treated the transaction as a capital loss, taking advantage of the capital loss carry-over provisions of the Internal Revenue Code. Deficiency assessments were levied against the taxpayer upon the theory that the loss sustained upon the sale of the house was an ordinary loss which could not be carried over to later years. Taxpayer paid the deficiency assessment and sued for a refund. The district court …

Lease Deposits In Washington, John T. Piper

Washington Law Review

When a lessee deposits with his lessor a sum of money under an agreement that the lessor will return it or apply it in a specified manner if the lessee fully performs his covenants, at least three legal problems may arise. First, in the event that the tenant fails to give full performance, how much of the deposit can the landlord keep? Second, is the obligation of the landlord to return or otherwise apply the deposit a covenant running with the land? Third, when does the landlord pay taxes on the deposit?

Negligence - Duty Of Landlord Toward His Own Social Guest Injured On A Common Stairway, Lawrence Sperling

Michigan Law Review

Defendant was co-owner of an apartment house and occupied one of the apartments. Plaintiff, his invited social guest, was injured while descending the common stairway because of defendant's negligence in failing to provide adequate lighting. A directed verdict for the defendant was affirmed by the appellate division on the ground that plaintiff as a social guest of the landowner was only a licensee. On appeal to the supreme court, held, reversed, three judges dissenting. A social guest of the landlord is an invitee while on the common stairway and therefore may recover for injuries sustained due to negligent maintenance …

Equal Protection And The Racial Restrictive Covenant: A Reevaluation

Indiana Law Journal

No abstract provided.

Creditors' Rights And Security Transactions -- 1954 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Mechanics Liens

Two cases during the Survey period involve priorities between mortgages and mechanics' liens. They are Southern Blow Pipe & Roofing Co. v. Grubb,' and First State Bank v. Stacey. Before giving a detailed consideration of these cases, perhaps it would not be amiss to sketch in a little background by way of the general nature and scope of these mechanics' liens, as well as a few words concerning priorities with other liens. This introductory material may make the cases at hand a little more easily understood.

Origin Nature and Scope of the Lien

The term "mechanics' lien" includes …

Recent Slum Clearance And Urban Redevelopment Laws, Philip H. Hill

Washington and Lee Law Review

No abstract provided.

Housing: A Cursory Analysis Of Available Remedies With Particular Reference To The Anti-Trust Laws--Part Ii, G. E. Hale

Kentucky Law Journal

No abstract provided.

Housing: A Cursory Analysis Of Available Remedies With Particular Reference To The Anti-Trust Laws, G. E. Hale

Kentucky Law Journal

No abstract provided.

Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd

Michigan Law Review

The plaintiff leased property from the defendant for a term of years. The lease provided that the lessor should repair damage from fire and that "the tenancy shall not be terminated unless such repairs shall require more than ninety days." A fire occurred which damaged the property so badly that it could not be repaired within ninety days. The lessor took the position that the tenancy had automatically terminated with the occurrence of the fire. The lessee filed a bill for a declaratory judgment, claiming that under the terms of the lease he had the option either to terminate or …

Hillsborough County Zoning Regulations January 3, 1950 With Amendments July 21, 1950 And August 31, 1952, Board Of County Commissioners Of Hillsborough County, Florida

City and Regional Planning -- Florida

Zoning Regulations for Housing, Industrial, and Commercial use

Slum Clearance And Redevelopment, Carl B. Wachs

Kentucky Law Journal

No abstract provided.

Constitutional Law—Enforceability Of Racial Restrictive Covenants By Court Action. [United States Supreme Court], William H. Wade

Washington and Lee Law Review

No abstract provided.

Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang

Washington Law Review

On May 3, 1948 the Supreme Court of the United States handed down two decisions prohibiting judicial enforcement of racial restrictive covenants on real property. It has been a peculiar feature of American life that residential segregation of designated minority groups from certain prescribed areas is a common practice in all major cities. This policy of racial discrimination at first was enforced by municipal ordinance, beginmng with that of Baltimore in 1910, and quickly followed by Atlanta, Richmond, Louisville, and other cities, until it was held unconstitutional by the Supreme Court in 1917. Thereafter restrictive covenants became the principal weapon …

Necessity Of Complying With Rent Regulations

Indiana Law Journal

Notes and Comments: Rent Control

Landlord And Tenant-Liability Of Tenant For Rent After Condemnation Under Eminent Domain Of Entire Leased Premises For Temporary Purpose. [Illinois]

Washington and Lee Law Review

No abstract provided.

Home Owner's Rights Versus Industrial Expediency

Indiana Law Journal

Notes and Comments: Nuisance

The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.

Indiana Law Journal

Symposium: The Administration of Rent Rationing and Price Control Legislation

Reglamento Para La Administración, Fiscalización Y Cobranza Del Impuesto Sobre La Renta, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Publicado en la Gaceta Oficial del 14 de Diciembre de 1943

El Titulo En El Orden General Del Derecho Y En La Ley Hipotecaria, Oscar Antonio Salas Marrero

Mario Diaz Cruz Pamphlets

No abstract provided.

Ley Y Reglamento Del Impuesto Sobre La Renta, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Acuerdo - Ley Número 1 de 31 de Diciembre de 1941, modificado por el Acuerdo - Ley Número 15 de 6 de Febrero de 1942 y Decreto Número 2964 de 19 de Octubre de 1942.

Torts-Liability In Conversion Of Landlord Disposing Of Chattels Left On Premises By Former Tenant [Row V. Home Savings Bank, Mass. 1940]

Washington and Lee Law Review

No abstract provided.