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Articles 121 - 150 of 180
Full-Text Articles in Land Use Law
Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project
Michigan Law Review
In proceedings by the United States government to condemn certain lands in the city of Louisville for the purpose of a slum clearance and low cost housing project, several property owners demurred to the condemnation petitions as being beyond the constitutional powers of the federal government. Although the United States contended that the property was being taken for a public use, in the sense of general public advantage, and that the project was a valid expenditure of public funds for the general welfare, it was held that this condemnation was not within the power of the federal government. United States …
Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality
Michigan Law Review
Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …
Segregation Of Residences Of Negroes, Arthur T. Martin
Segregation Of Residences Of Negroes, Arthur T. Martin
Michigan Law Review
Most white people do not want Negroes for neighbors. For many years this race prejudice alone seemed adequate to secure the type of domiciliary segregation which the majority desired. In recent years, however, Negro incursions into so-called white territory have become more numerous, and white landowners have resorted to legal devices to secure race exclusiveness in residential sections. In considering the validity of these segregation devices the courts have not ordinarily purported to take into account the social desirability of the end sought. No examination has been made of the factors back of Negro migration into white territory. No thought …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance
Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance
Michigan Law Review
Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.
Municipal Corporations - Validity Of Setback Ordinances In Improved Districts
Municipal Corporations - Validity Of Setback Ordinances In Improved Districts
Michigan Law Review
Mulleady sought but was refused permission to inclose with glass a porch on a lot located in the city of Trenton. The municipality was authorized to make building regulations for the purpose of lessening congestion in streets, securing safety from fire, panic, or other danger, promoting health, morals, or general welfare, providing adequate light and air, or avoiding concentration of population. Section 12 of the municipal ordinance provided that no building should be erected, reconstructed, or altered so as to project in any wise beyond the average setback lines observed by the buildings on the same side of the street …
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Michigan Law Review
The plaintiff rented an unfurnished apartment to the defendant without any covenants regarding habitable condition or repairs. After six months defendant moved out. Plaintiff sued for rent, and the defense was that the house was infested with vermin, bugs, and disease germs. Held, concealment of the presence of disease germs amounted to fraud, but by delay, with knowledge of the facts, defendant lost her right to rescind. A defense based upon constructive eviction was also rejected. Leech v. Husbands (Del. 1930) 152 Atl. 729.
Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance
Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance
Michigan Law Review
L. let a building to T. with the provision in the lease that if the premises should be rendered unfit for occupancy by reason of fire or other casualty, L. would rebuild the same at his own expense. Subsequently the city council passed a building code prohibiting the rebuilding of a structure destroyed more than sixty per cent by fire. The building in this case was almost entirely destroyed by fire and L. was refused a permit to rebuild. Previous to the refusal of the commissioner to grant a permit, T. had preferred L. the monthly rent which L. had …
Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance
Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance
Michigan Law Review
X rented a house and lot from the defendant with the understanding that possession and the lease would begin February 8, defendant meanwhile to repair a frozen water pipe on the premises. X moved in on the sixth while an employee of the defendant was making the repairs. Although aware of the premature occupancy, the defendant made no signs of objection or approval. The employee of the defendant negligently left an unguarded opening in the flooring, through which the plaintiff, a member of X's household, fell and injured himself. Held, that the defendant was liable. X enjoyed the rights …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant
Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant
Michigan Law Review
L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in …
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Michigan Law Review
In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Michigan Law Review
The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.
Covenants--Mistake Of Law--Warranty Against
Covenants--Mistake Of Law--Warranty Against
Michigan Law Review
The Municipal Metallic Bed Mfg. Co. leased a building from Dobbs in reliance on his representation that it was not illegal to manufacture in said building, and the lease contained a warranty to that effect, and a promise to indemnify the Bed Co. for any loss sustained in case it should prove illegal to use the building for the purpose intended. It later proved that due to the New York building code the building could not be used for manufacturing, and the Bed. Co. sued for the loss it sustained as a result. Held, plaintiff could recover on the …
Quasi-Contracts--Improvements On Land Of Another By Mistake
Quasi-Contracts--Improvements On Land Of Another By Mistake
Michigan Law Review
Plaintiffs filed a bill in chancery seeking compensation for a house built on the defendants' lot due to an error on the part of the plaintiffs. The lower court granted a decree offering the defendants the election of taking the improvements at a fair value found by the court or of releasing the lot to the plaintiffs on the plaintiffs' paying its fair value. On appeal, held, this relief was proper. Hardy et al. v. Burroughs et al. (Mich. 1930) 232 N.W. 200.
Easements-Abandonment
Michigan Law Review
A driftway across the defendant's land was created by grant, giving the plaintiff his only access to the highway. The need for a way having ceased, it had not been used by the dominant owner for about twenty-five years, and in places was so overgrown as to be almost impassable. Moreover, the defendant moved two buildings in the line of the way, and about five years previously had prevented the plaintiff from cutting brush within its bounds. The lower court held that these facts constituted an abandonment, but this was held to be error on appeal. Byard v. Hoelscher (Conn. …
Covenants - Effect Of Zoning Ordinances
Covenants - Effect Of Zoning Ordinances
Michigan Law Review
Plaintiff and defendant owned lots in a subdivision restricted of covenants to residences. The city council passed a zoning ordinance under which the lot owned by the defendant was classified for commercial uses. He secured a permit to erect a gasoline station on the lot and plaintiff sought an injunction restraining him from so doing. Held, that the zoning ordinance did not nullify or supersede the restrictive covenant and hence the injunction could properly be issued. Dolan v. Brown (Ill. 1930) 170 N.E. 425.
Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement
Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement
Michigan Law Review
The owner conveyed part of a tract of land to the plaintiff's granter with the oral agreement that no building should be constructed within seven feet of the part conveyed, and subsequently conveyed the part retained to the defendant's granters with the covenant that no building be erected within seven feet of the part previously conveyed. Defendant began construction of a building which would cover the seven feet in question. Plaintiff sought an injunction. With approval of the finding below that the restriction was imposed for the benefit of the land now owned by the plaintiff, held, that the …
Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent
Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent
Michigan Law Review
The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
When a landowner leases his property to a tenant he looks upon the transaction as purely a business matter. He is seldom aware, perhaps, of the duties resting upon him, the breach of which may subject him to an action in tort. The relation created is one of the most common known to our law and gives rise to a multitude of problems. The courts in their business-like manner treat the law as well settled, and decide the cases as they are presented with very little discussion of the true principles involved. Legal scholars have discussed very little the tort …
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Michigan Law Review
The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …
Aesthetic Zoning Regulations, Newman F. Baker
Aesthetic Zoning Regulations, Newman F. Baker
Michigan Law Review
The court house of Sangamon county, Illinois, is situated in the center of a block or square, known as Lincoln Square, in the city of Springfield. The building is of architectural beauty and great historical interest, the corner stone having been laid in 1837 and the building used as the Capitol building for the state of Illinois until 1876. The buildings on the four sides of the Square were all two or more stories in height until January, 1926, when a three- story building, located on the north-east corner of the Square was practically destroyed by fire. The owners planned …
The Remedies Of A Landlord Against A Subtenant
The Remedies Of A Landlord Against A Subtenant
Michigan Law Review
As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …
The Assignability Of Easements In Gross In American Law, Lewis Mallalieu Simes
The Assignability Of Easements In Gross In American Law, Lewis Mallalieu Simes
Michigan Law Review
In an admirable comment in the Yale Law Journal for June, 1923, signed W. R. V., it was proposed to explain the American cases on the assignability of easements in gross on the ground that those easements which are admeasurable are assignable; while others are not. This explanation is said to be derived from the law of profits. From that view of the American cases the writer respectfully dissents, and desires to show in this article that no good reason exists why easements in gross should not be held to be assignable.
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Law Of Oil And Gas, Iv, James A. Veasey
Law Of Oil And Gas, Iv, James A. Veasey
Michigan Law Review
This clause follows the grant, and is one of the most distinctive features of the modern oil and gas lease. Occasionally the duration of the lease is fixed by the granting clause; some times by a miscellaneous provision appearing therein. But generally speaking, the habenduin defines the term of the present-day oil and gas lease. At any rate a discussion of the legal effect of the habendum clause which now characterizes these instruments will involve the treatment of every important question which arises under this heading. At the outset we should observe that the clause is the direct result of …
Law Of Oil And Gas, James E. Veasey
Law Of Oil And Gas, James E. Veasey
Michigan Law Review
The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.