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Property Law and Real Estate Commons™

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Faculty Publications

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Articles 151 - 168 of 168

Full-Text Articles in Property Law and Real Estate

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein Apr 1982

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

Faculty Publications

No abstract provided.

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The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer Apr 1981

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Faculty Publications

No abstract provided.

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The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne Jul 1980

The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Secrecy And Real Property, Dale A. Whitman Jan 1978

Secrecy And Real Property, Dale A. Whitman

Faculty Publications

It is not unusual for owners of real property to wish to conceal from government or the public either the fact of their ownership or certain salient characteristics of the property they hold. The objective of this article is to consider the extent to which this desire for secrecy is supported by sound policy and American legal doctrine. It will focus on the civil recourse available to an owner of real property against private persons who, without the owner's knowledge and consent, reveal information about the ownership or physical characteristics of the property. The article will also consider whether the …

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Financing Condominiums And Cooperatives, Dale A. Whitman Jan 1977

Financing Condominiums And Cooperatives, Dale A. Whitman

Faculty Publications

This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …

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The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson Jan 1977

The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson

Faculty Publications

The installment land contract is rarely used in some states, but in many it is the predominant means of vendor financing of land sales. Much has been written about it, but nearly all of the literature focuses on the law of one particular state or another. Our purpose here is to provide a nationwide perspective, with particular attention to the states in which the contract has been widely used and extensively litigated. We propose to examine the reasons for the installment contract's popularity, its advantages and disadvantages, and the risks it presents to both vendor and purchaser.

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Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler Jan 1976

Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler

Faculty Publications

No abstract provided.

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A Reassessment Of The Legal Bases Of Zoning, John E. Donaldson Apr 1973

A Reassessment Of The Legal Bases Of Zoning, John E. Donaldson

Faculty Publications

No abstract provided.

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Optimizing Land Title Assurance Systems, Dale A. Whitman Jan 1973

Optimizing Land Title Assurance Systems, Dale A. Whitman

Faculty Publications

There is little unanimity of viewpoint concerning the complex and controversial subject of real estate settlement costs. The diverse interests and pressure groups seem to agree, however, that the public land title records of most jurisdictions are disarrayed, complicated, and inefficiently organized. This observation has been made with such frequency and conviction that it appears beyond dispute, and it will not be contested here.

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"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee Jan 1972

"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee

Faculty Publications

No abstract provided.

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Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

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Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

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Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …

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Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson Apr 1969

Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson

Faculty Publications

No abstract provided.

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Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman Jan 1969

Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman

Faculty Publications

The recent opinions of the North Carolina appellate courts include a strikingly large proportion of eminent-domain cases. Two factors combine to explain the unusual frequency with which these cares are tried and appealed. The first is the elaborate activity of the federal government in funding local and state projects involving the acquisition of land. The Interstate Highway program probably accounts for the predominant portion of this activity, with other shares attributable to urban renewal, public housing, and airport improvement. When the more traditional activities of local government, such as street-widening and other public improvements, are added to the above list …

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The Student As University Resident, William W. Van Alstyne Jan 1968

The Student As University Resident, William W. Van Alstyne

Faculty Publications

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

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Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr. Jan 1938

Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr.

Faculty Publications

No abstract provided.

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Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack Jan 1931

Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack

Faculty Publications

No abstract provided.

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