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Articles 91 - 120 of 142
Full-Text Articles in Land Use Law
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.
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
The questions heretofore considered are general in their scope, and were treated for the purpose of providing a background for the more intensive study upon which we must now enter. While commentators refer to this branch of jurisprudence as the "Law of Oil and Gas," it is more exact to say that .we are dealing with the law pertaining to oil and gas leases. This is true because the oil and gas lease characterizes and distinguishes the subject throughout. For reasons which inhere in the very nature of the business a lease yielding the lessor a royalty on the quantity …
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …
Church Cemeteries In The American Law, Carl Zollmann
Church Cemeteries In The American Law, Carl Zollmann
Michigan Law Review
One of the most usual sights in any rural community in the United States is a church edifice with a cemetery in the immediate neighborhood. This condition of affairs, where a church society antedates the municipal corporation within whose limits it exists, can even occasionally be found in populous cities. Such cases, however, are fast disappearing. The demands of commerce and the doctrines of modern sanitation are too strong to be resisted. When a cemetery situated in the heart of a city is not abandoned on account of the monetary inducements held out by commercial interests, the law-making power of …
Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman
Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman
Michigan Law Review
The Completion of a Contract by Posting of Acceptance - In the recent case of Kennedy Mcrcantile Co. v. Western Union Telegraph Co., the court says, "It is well settled law in this state that,where an offer is submitted by letter, an acceptance is conclusive and binding when a letter is deposited in the post-office accepting the same. The delivery to the one making the offer is not the test; for when the offer is submitted in that way it is equivalent to an invitation to accept by the same means, and when the acceptance is delivered to the agency …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Michigan Law Review
The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.