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Articles 151 - 172 of 172
Full-Text Articles in Property Law and Real Estate
The Lien Theory Of The Mortgage--Two Crucial Problems, Edgar N. Durfee
The Lien Theory Of The Mortgage--Two Crucial Problems, Edgar N. Durfee
Articles
In a recent article in this review1 the writer discussed in a general way the nature of a mortgage of real property in the states which adopt the lien or equitable theory of the mortgage. The conclusion therein arrived at was that, while the mortgage does not convey the legal title to the land until foreclosure, it does convey to the mortgagee, at the time of its execution, a present interest in the land, the general ownership of which remains in the mortgagor-an interest which is limited and special, more analogous to an easement than to general ownership; which is …
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Articles
At least since the decision in Poole's Case, 1 Salk. 368 (1703), it has been considered as settled that a tenant has the right to remove trade fixtures placed, upon the demised premises for the purpose of furthering his trade. There is a well-marked tendency in some jurisdictions to greatly extend this right of removal so as to include anything added by the tenant to the leased property "in furtherance of the purpose for which the premises were leased." Hayward v. School District, 139 Mich. 541, 102 N. W. 999; Bircher v. Parker, 40 Mo. 118; Heddrick v. Smith, 103 …
The Character Of User In Prescription, Ralph W. Aigler
The Character Of User In Prescription, Ralph W. Aigler
Articles
As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during the entire prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 AM. & ENG. ENCY. L. & P. …
Possession Under Mistake As Adverse Possession, Ralph W. Aigler
Possession Under Mistake As Adverse Possession, Ralph W. Aigler
Articles
In Wissinger v. Reed et al., 125 Pac. lO3O (Aug. 24, 1912) the Supreme Court of Washington held that actual possession of land for the statutory period would confer title upon the occupant, although the possession was under a mistaken belief of ownership. While the doctrine that title to real property may be acquired by adverse possession has been firmly established in English and American law for a great many years, no little difficulty and confusion have arisen in determining what possession is adverse, especially where the actual possession upon which the claim of title is based has been under …
The Lien Or Equitable Theory Of The Mortgage--Some Generalizations, Edgar N. Durfee
The Lien Or Equitable Theory Of The Mortgage--Some Generalizations, Edgar N. Durfee
Articles
The question is--What is the nature of the rights of a real property mortgagee in those jurisdictions which adopt the lien or equitable theory3 of the mortgage? In one sense this question calls for a full statement of the law of mortgages but that, of course, is not the sense in which the writer puts it. He means by it to put a broader and more scientific question--a question, be it at once confessed, of jurisprudence--yet a question which has an important bearing on, if it is not in fact conclusive of, several specific problems in the law, which will …
The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler
The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler
Articles
Owners of adjoining properties, especially in cities, frequently find it advisable and advantageous to enter into arrangements whereby their buildings shall be supported by a common wall. These arrangements are ordinarily evidenced by party-wall agreements or covenants, so-called, out of which have grown a number of interesting questions. It not infrequently happens that when one owner desires to build such a wall his neighbor, for one reason or another, is not ready to join in the undertaking, so an agreement is entered into between the two adjoining owners whereby one agrees to proceed with the erection of the wall at …
Taxation Of Easements, Bradley M. Thompson
Taxation Of Easements, Bradley M. Thompson
Articles
In the case of Lever v. Grant,1 the supreme court passed incidentally upon the effect of a tax deed on an easement appurtenant to the estate on which the delinquent taxes had been levied. From the facts in that case it appears that in 1884 the owner of a parcel of land in the city of Detroit, bounded on the west by Woodward avenue, platted the same. The plat shows a street on the north side extending from Woodward avenue east thirty feet wide, one-half the width of an ordinary street. This street was named Custer Avenue. The next year, …
The Struggle For A Perpetuity, John R. Rood
The Struggle For A Perpetuity, John R. Rood
Articles
It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.
Grantor's Remedy On Breach Of Condition Subsequent, James H. Brewster
Grantor's Remedy On Breach Of Condition Subsequent, James H. Brewster
Articles
In Mash v. Bloom (I9O7), - Wis. -, 114 N. W. Rep. 457, the court holds (Siebecker and Timlin, JJ., dissenting) that one, having conveyed real property subject to a condition subsequent, has no right of action to recover possession on breach of the condition until he has taken "advantage of condition broken and so notified the defendant, either by demand of possession or some other act equivalent to a re-entry for condition broken."
Statute Of Uses And The Modern Deed, John R. Rood
Statute Of Uses And The Modern Deed, John R. Rood
Articles
To what extent does the modem conveyance of estates in land in the United States by deed derive its validity from the English Statute of Uses, 27 Hen. 8, c. IO? No doubt the student, and especially the teacher, is inclined to magnify the importance of mere matters of history, because it is so much easier to understand or explain many of the terms and doctrines of real property law by approaching them historically, and, indeed, many of them cannot otherwise be understood at all. And yet we all have this constant, serious, and often difficult task, of separating matter …
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Articles
Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and his right to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple. Among those essential rights were the right of possession, the …
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Articles
AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem
Torrens Acts': Some Comparisons, James H. Brewster
Torrens Acts': Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
The "Torrens Acts": Some Comparisons, James H. Brewster
The "Torrens Acts": Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Articles
Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and 1hisright to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple.
The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers
The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers
Articles
It may be observed, in the first place, that the civil law afforded protection to the bona fide occupant of land, who had made useful or permanent improvements on the land, believing himself to be the true owner. The civil law never permitted one who was in the possession of land in good faith, to be turned out of his possession by the rightful owner, without any compensation for the additional value he has given to the soil by the improvements he had made; but it allowed him to off-set the value of his improvements to the extent, at least, …
Remedies Of Illegal Taxation, Thomas M. Cooley
Remedies Of Illegal Taxation, Thomas M. Cooley
Articles
Taxation is to a nation what the circulation of the blood is to he individual; absolutely essential to life. In ordinary times it is the chief burden which government imposes upon the people, and is likely, therefore, to be the greatest source of discontent. This renders it of the utmost importance that taxation should as nearly as possible be just, and also that it should appear to those who pay it to be just. Absolute justice, however, is unattainable.
Title To Lands Under Fresh Water Lakes And Ponds, Thomas M. Cooley
Title To Lands Under Fresh Water Lakes And Ponds, Thomas M. Cooley
Articles
In the Northwestern States there are innumerable lakes and ponds, which are largely resorted to for pleasure, and for the opportunities they furnish for the taking of game and fish. The scenery about them is, in most cases, picturesque and inviting, and they become favorite locations for residence. On some the navigation is valuable for business purposes; others are navigated for pleasure only. In surveying the public domain for the purposes of sale, the government caused all that were too large to be embraced within a single subdivision of a section, to be meandered at the water line, and the …
The Recording Laws Of The United States, Thomas M. Cooley
The Recording Laws Of The United States, Thomas M. Cooley
Articles
Of the securities,provided by law for the protection of property, perhaps none is more important than the registration of land titles. We put aside, very early, the old English notion that the best evidence of title was the possession of the title deeds, and adopted a system which, in theory, proposed to place in a public office, accessible to everyone, a record of the titles to real estate, by which every man might safely buy or safely accept encumbrances. Speaking generally now of the system, the theory seems to be nearly perfect. Every instrument affecting the title to lands must …
Material Taken From Streets In Grading--Rights Of Adjoining Lot-Owner, Thomas M. Cooley
Material Taken From Streets In Grading--Rights Of Adjoining Lot-Owner, Thomas M. Cooley
Articles
"In grading a street for the purpose of paving, it was necessary to remove earth which the city had no occasion for, and the street commissioner sold the same to a party who removed and used it. In an action to recover the purchase-price the purchaser defended, claiming that the city did not own the earth, but that it was owned by the adjoining lot-owners..."
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Articles
In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Articles
In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.