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Articles 331 - 360 of 944

Full-Text Articles in Property Law and Real Estate

Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed. Nov 1954

Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

Plaintiffs' testator ''leased" certain land to the defendants' assignor for a period of twenty-eight years, the latter contracting to pay $1,200 annually and to pay all taxes and assessments against the land during that period. The instrument also contained a clause whereby plaintiffs' testator contracted to convey in fee to defendants' assignor at the expiration of the twenty-eight year period, upon the latter's making a payment of one dollar. During the twenty-eight year period considerable improvements were made on the land. At the expiration of the period plaintiffs sought a declaration of rights and obligations of the parties under the …

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Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed. Nov 1954

Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …

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Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed. Nov 1954

Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.

Michigan Law Review

The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.

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Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed. Nov 1954

Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.

Michigan Law Review

The primary aims of this comment are to point out what the law requires in the nature of description, to analyze the value of these requirements in the light of the recording acts, to examine possible alternative security devices, and to suggest some useful steps that may be taken to augment the present system.

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Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler Jun 1954

Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler

Michigan Law Review

In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …

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Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald Jun 1954

Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald

Michigan Law Review

Vendor contracted to convey land to purchaser by a deed which was to contain a covenant against encumbrances. A public easement of way over the property was outstanding, and on part of this easement a gravel road had been built. Purchaser paid some instalments and took possession but, upon learning of the easement, sued to rescind. The trial court found that the easement would have been discovered by a reasonable investigation, and therefore the contract did not protect purchaser from this easement. On appeal, held, affirmed. A contract to convey real estate free of encumbrances does not refer to …

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Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend May 1954

Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend

Michigan Law Review

The net effect of the general legislation pertaining to the creation of joint tenancy has been to make lawyers sensitive to language expressing an intent to create joint tenancy, tenancy by the entireties and other types of survivorship rights which may or may not fall within the foregoing concepts. And so the law has busied itself with the task of giving technical meanings to words used by members of the public in their efforts to create joint rights in property-a task that has not been fully appreciated by people who acquire personal property from bankers, brokers, clerks and the like …

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Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr. May 1954

Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.

Michigan Law Review

The borough of Dumont in New Jersey amended its zoning ordinance to change one city block from a residential area to a district in which business user would be permissible. The amendment occasioned objections By certain boroughs which were adjacent to the reclassified block, property owners in the adjacent boroughs, property owners in Dumont, and property owners in the block itself. On suit in lieu of prerogative writ by these parties, held, ordinance set aside. Where several boroughs are adjacent to the block of the defendant borough, and in reliance on the residential character of the whole area single …

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Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen May 1954

Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen

Michigan Law Review

Plaintiffs sought to enjoin defendants from using a driveway located on plaintiffs' property. Defendants counterclaimed to have an easement by prescription declared. The parties occupied adjacent city lots. Defendants' predecessor began using the driveway in 1920 without seeking permission from plaintiffs' predecessor. The respective predecessors were on friendly terms at the inception of the user. Defendants and their predecessors made minor repairs to the driveway and claimed at the trial that they had constantly used it as their own. In 1936, two years after plaintiffs acquired full title to their lot, their predecessor executed an abortive quit-claim deed to the …

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Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed. May 1954

Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.

Michigan Law Review

The Michigan legislature recently approved an act which affects the validity of assignments of rents in or in connection with mortgages on industrial or commercial property. To understand the impact of the new legislation, it is necessary to refer to the general mortgage law of Michigan. In particular, a similar act passed in 1925 relating to trust mortgages is an aid in construing the new act.

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Municipal Corporations-Special Assessments-Method Of Review Where A Special Assessment Is Levied On A Railroad Right-Of-Way, Judson M. Werbelow S.Ed. Mar 1954

Municipal Corporations-Special Assessments-Method Of Review Where A Special Assessment Is Levied On A Railroad Right-Of-Way, Judson M. Werbelow S.Ed.

Michigan Law Review

Defendant municipality made surface and curb improvements on a street located near plaintiff railroad's right-of-way. Four parcels of land, each containing a house, separated the right-of-way from the street on which the improvements were made. Plaintiff's right-of-way contained a single set of railroad tracks over which plaintiff's trains traveled. Property owners in the improvement district were assessed a total of $13,220.90 for the improvements, $4,715.53 of this special assessment being levied on plaintiff's right-of-way. Plaintiff brought suit to enjoin collection of that part of the special assessment which was levied on its property. The trial court found that the improvement …

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Advancements: Iii, Harold I. Elbert Feb 1954

Advancements: Iii, Harold I. Elbert

Michigan Law Review

Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.

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Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed. Feb 1954

Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.

Michigan Law Review

Testator devised real estate to his wife for life, remainder to his children, "with the following understanding," that should any child attempt to dispose of his interest before the death of the testator's wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against …

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Basye: Clearing Land Titles, Allan F. Smith Feb 1954

Basye: Clearing Land Titles, Allan F. Smith

Michigan Law Review

A Review of Clearing Land Titles. By Paul E. Basye.

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Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter Jan 1954

Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter

Michigan Legal Studies Series

The central theme of this study comprises the judicial and legislative rules developed to restrict attempts by men of property to endow their families in perpetuity, usually with land, in such manner that each successive living generation can neither part with the property nor prevent unborn generations from succeeding to it. Part One deals with attempts to accomplish this object by bestowing the whole title on each living generation but denying each such generation the power to dispose of the property or to prevent its· descent to the next generation. In this part the principal restrictive rules are judicial, the …

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Is The Rule Against Perpetuities Doomed?, Lewis M. Simes Dec 1953

Is The Rule Against Perpetuities Doomed?, Lewis M. Simes

Michigan Law Review

Few rules of the common law have shown such amazing vitality as the rule against perpetuities. Emerging in the Duke of Norfolk's Case in 1682, as a rule to restrict unbarrable entails in land, it is now applied, not only to interests in land, legal and equitable, but also to personal estate, tangible and intangible, including beneficial interests in trusts. It is regarded as a part of the common law of nearly every English speaking country, except a few of the United States where statutory substitutes have been provided. Since 1930, statutory substitutes have been abolished and there has been …

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Advancements: Ii, Harold I. Elbert Dec 1953

Advancements: Ii, Harold I. Elbert

Michigan Law Review

A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …

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Mortgages - Redemption - Right Of Mortgagee To Require Partial Redemption, James S. Taylor S.Ed. Dec 1953

Mortgages - Redemption - Right Of Mortgagee To Require Partial Redemption, James S. Taylor S.Ed.

Michigan Law Review

The mortgagor of the premises in question died leaving as his heirs-at-law the plaintiff and eight other children. Shortly thereafter, the mortgagee commenced proceedings to foreclose the mortgage under a power of sale. Pending these proceedings the plaintiff entered the military service of the United States and thus became entitled under the Soldiers and Sailors Civil Relief Act of 1940 to protection against the exercise of the power of sale. The mortgagee purchased at the foreclosure sale and thereafter made extensive improvements on the land. Plaintiff brought a bill to redeem the premises, tendering the entire amount of the mortgage …

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Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed. Dec 1953

Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed.

Michigan Law Review

Plaintiffs and decedent made an oral agreement whereby plaintiffs agreed to pay decedent a yearly sum and to make repairs on certain real estate in return for which decedent agreed to devise the real estate to plaintiffs. Plaintiffs had been in possession of the property for several years and had vastly improved its value when decedent died, devising the property to third parties. Plaintiffs brought this action for specific performance against the devisees. The trial court, satisfied that the oral contract had been established, entered the decree for specific performance. On appeal, held, affirmed. A person can make a …

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Securities - Application Of Antideficiency Judgment Statute To Second Purchase Money Trust Deed Where Security Is Exhausted By Foreclosure Of First Deed, John Houck S.Ed. Nov 1953

Securities - Application Of Antideficiency Judgment Statute To Second Purchase Money Trust Deed Where Security Is Exhausted By Foreclosure Of First Deed, John Houck S.Ed.

Michigan Law Review

To secure the purchase price of land, defendant executed a promissory note and first deed of trust in favor of a savings and loan association, and a second note and deed in favor of plaintiff-vendor. On default of both obligations, the savings and loan association foreclosed upon the land. The resulting sale completely exhausted the security, and plaintiff brought the present action upon his note. Defendant interposed section 580b of the California Code of Civil Procedure, which specifies that "no deficiency judgment shall lie in any event after any sale of real property for failure of the purchaser to complete …

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Skeie: Odelsretten Og Aseteretten, Nils B. Skavang Jun 1953

Skeie: Odelsretten Og Aseteretten, Nils B. Skavang

Michigan Law Review

A Review of ODELSRETTEN OG ASETERETTEN By Jon Skeie.

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Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr. May 1953

Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.

Michigan Law Review

Under customary international law no nation has the duty to grant to aliens the right to hold real property. Although international law accords to an alien the privilege of participating in the economic life of the state of his residence, this privilege does not encompass the right to hold real property. The right to succeed to and hold real property is a matter solely within the competence of a nation. It is for each nation exclusively to regulate the acquisition and tenure of real property. National authority in this regard can be traced to the concept that the sovereign may …

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Taxation-Federal Income Tax-Payment To Lessee For Surrender Of Lease Taxable As Capital Gain, Theodore J. St. Antoine May 1953

Taxation-Federal Income Tax-Payment To Lessee For Surrender Of Lease Taxable As Capital Gain, Theodore J. St. Antoine

Michigan Law Review

Taxpayer, a tenant in possession of premises under a lease, received a payment from the lessor to vacate and surrender the premises before the lease expired. The Tax Court decided that the payment was taxable only as a capital gain. On appeal, held, affirmed. Since the leasehold interest constituted property, its transfer by the lessee to the lessor was a sale of a capital asset under I.R.C., §117. Commissioner v. Golonsky, (3d Cir. 1952) 200 F. (2d) 72.

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Casner: American Law Of Property. A Treatise On The Law Of Property In The United States., Ralph W. Aigler May 1953

Casner: American Law Of Property. A Treatise On The Law Of Property In The United States., Ralph W. Aigler

Michigan Law Review

A Review of AMERICAN LAW OF PROPERTY. A Treatise on the Law of Property in the United States.A. James Casner, Editor-in-Chief.

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Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed. May 1953

Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed.

Michigan Law Review

In the short period of five years, action on three governmental fronts has solved one problem of state legislation which seemed to violate a basic premise of the equal protection clause of the Fourteenth Amendment. Congress, the Supreme Court and the courts of last resort of two states have acted to destroy the effectiveness of state laws which prohibited ownership of land by aliens ineligible for citizenship. These laws incorporated whatever classification Congress established for naturalization purposes into state statutes determining rights to own land. This process has resulted in recent years in discrimination against Orientals, particularly Japanese. The purpose …

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Real Property-Torrens System-Preservation Of Equitable Easements, Paul Campbell Apr 1953

Real Property-Torrens System-Preservation Of Equitable Easements, Paul Campbell

Michigan Law Review

Plaintiff sued to have certain lots declared free and clear of a restrictive covenant. The land was registered under a Torrens statute, but the restrictive covenant was not noted on the certificate of title. However, it was noted on a plat of the land which was referred to in the certificate of title for the purpose of identifying the location of the land. The lower court denied relief and enjoined violation of the restrictions. Held, reversed, plaintiff as a good faith purchaser for value of registered land, obtains the land free and clear of a restrictive covenant not noted …

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Real Property-Relation Of The Covenants For Title And The Doctrines Of Estoppel By Deed, James W. Callison S.Ed. Mar 1953

Real Property-Relation Of The Covenants For Title And The Doctrines Of Estoppel By Deed, James W. Callison S.Ed.

Michigan Law Review

The doctrine of estoppel by deed is familiar to all students of real property law. So, too, are the principles of law relating to covenants for title made by a grantor in connection with a conveyance of land. It is the purpose of this comment to discuss the relation between the two areas of law, with particular reference to two problems: (1) what effect does the estoppel doctrine have upon the recovery of damages by the grantee where there has been a breach of the covenant of seisin; and (2) conversely, what effect does recovery of substantial damages by the …

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Constitutional Law-Equal Protection-Alien Land Law Violates Fourteenth Amendment, Sherman A. Itlaner S.Ed. Mar 1953

Constitutional Law-Equal Protection-Alien Land Law Violates Fourteenth Amendment, Sherman A. Itlaner S.Ed.

Michigan Law Review

Plaintiff, an alien Japanese, appealed from a judgment declaring an escheat of land purchased by him to the state pursuant to the California Alien Land Law prohibiting aliens ineligible for citizenship from holding land. On appeal, held, reversed. The Alien Land Law is unconstitutional under the equal protection clause of the Fourteenth Amendment as an "instrument for effecting racial discrimination . . . [ with] no circumstances justifying classification on that basis." Sei Fujii v. State, 38 Cal. (2d) 718, 242 P. (2d) 617 (1952).

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Constitutional Law-Eminent Domain-Destruction Of Private Property To Prevent Enemy Capture, John F. Spindler S.Ed. Mar 1953

Constitutional Law-Eminent Domain-Destruction Of Private Property To Prevent Enemy Capture, John F. Spindler S.Ed.

Michigan Law Review

Respondent oil companies owned terminal facilities in Manila at the time of the Japanese attack on the Philippines. The terminals were destroyed by the United States Army as the Japanese entered the city. Although the Army had requisitioned oil from the terminals prior to their destruction, respondents were bound by the decision of the court of claims to the effect that prior to December 27, 1941, when respondents were notified that the terminals themselves were requisitioned for the purpose of destruction, there had been no taking within the meaning of the Fifth Amendment. The court of claims allowed recovery on …

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Restraints On Alienation Of Equitable Interests In Michigan Property, William F. Fratcher Feb 1953

Restraints On Alienation Of Equitable Interests In Michigan Property, William F. Fratcher

Michigan Law Review

In the Middle Ages a conveyance of land to a monastic corporation resulted in a serious loss of income to the feudal overlord. As such corporations never died, the overlord ceased to receive the reliefs payable on the death of a tenant and to enjoy the feudal incidents of wardship and marriage of minor heirs. Monks could not be compelled to perform military services and it was difficult or impossible to compel a monastery to perform other services incident to tenure. The twelfth and thirteenth centuries saw great expansion in monastic land holdings and consequent loss to the king and …

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