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Articles 241 - 270 of 747
Full-Text Articles in Property Law and Real Estate
Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor
Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor
Michigan Law Review
The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …
Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed.
Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed.
Michigan Law Review
Plaintiffs brought this suit in equity to establish their right to an alleged easement acquired by prescription in a joint driveway on the lot line separating their lot from defendants' lot and for injunctive relief restraining defendants from interfering with their use of the driveway. The husband of the common grantor of these lots had erected a house on each lot in 1924 and had constructed a driveway over the eight feet of land between the houses, half of the driveway being on each lot. Each lot was thirty-one feet wide and each had a garage in the rear, defendants' …
Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble
Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble
Michigan Law Review
Plaintiff, seeking employment, came onto the site of a road construction project under defendant's control as general contractor and posted by him with notices of construction and against trespassing. Plaintiff was struck by a materials truck backing, without lookout or warning, over the completed half of the road. On these facts the jury found that the truck was negligently operated and plaintiff prevailed. On appeal, held, affirmed. A contractor owes a duty of ordinary care to licensees in a case of "active," as distinguished from "passive" negligence. Evidence as to the mode of operating the truck and "likelihood" of …
Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson
Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson
Michigan Law Review
Plaintiffs claimed an easement by implied grant in a driveway situated wholly on defendants' land, but directly adjoining the land of plaintiffs. The driveway had been constructed at a time when both pieces of property were owned by X. X had conveyed part of the land to plaintiffs' remote grantor, and three months later had conveyed the adjoining portion, including the driveway, to defendants' remote grantor. The driveway had fallen into disrepair and at the time of the action was in such a depreciated state as to be practically useless. On the opposite side of plaintiffs' house there was …
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Michigan Law Review
Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …
Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.
Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.
Michigan Law Review
A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics' lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics' lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Michigan Law Review
Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Michigan Law Review
In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Michigan Law Review
A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …
Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge
Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge
Michigan Law Review
At the time of his death in 1945, decedent was the owner of the real estate in question. His estate was administered in the belief that he had died intestate, and the administrator was discharged in August 1946. Thereafter, the property was conveyed by decedent's heirs to buyer, and by buyer in February 1947, to the defendant, a bona fide purchaser. Subsequently, decedent's will was discovered and admitted to probate in December 1947. By the terms of the will, the plaintiff was entitled to a one-half interest in the land. Plaintiff's complaint, asking partition of the land, was dismissed by …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Michigan Law Review
Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Michigan Law Review
Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Michigan Law Review
The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Michigan Law Review
The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …
Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.
Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.
Michigan Law Review
X conveyed land to A for life, remainder to the heirs of A's body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A's claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228.
Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.
Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.
Michigan Law Review
A remainderman in fee of an undivided interest in real estate brought a suit to compel partition of the remainder. The whole of the premises was subject to a life estate, but the life tenant made no objection to this action. The applicable Nebraska statute provided that "all tenants in common, or joint tenants of any estate in land may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed." Demurrers to the petition were sustained on the ground that an estate in remainder could not be the subject of involuntary or compulsory …
Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed.
Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed.
Michigan Law Review
Plaintiff brought action against a principal and his agent to foreclose a mechanic's lien on the principal's real property, alleging that he had expended labor and materials in the improvement of the principal's land pursuant to a contract between himself and the agent. Though plaintiff joined the agent as a party defendant, he did not pray for relief against him. Both defendants moved to dismiss the action. Held, action dismissed as to the agent. Whether or not the principal was disclosed at the time the contract arose, the action was properly dismissed as against the agent. If the principal …
Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.
Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.
Michigan Law Review
In a previous action, A, as assignee of a conditional sales contract, sought to recover the property when the purchase price was not paid. Defendant counterclaimed for damages because of alleged fraud of the assignor in making the sale. On appeal, the Montana Supreme Court held that defendant could not have an affirmative judgment on the counterclaim, but could use his claim as recoupment only. On remand, A's attorney moved for continuance until his client could secure a new attorney. The motion was denied, and on the day set for trial A was not represented. As a consequence, …
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Michigan Law Review
Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729.
Powell: Real Property, Allan F. Smith
Powell: Real Property, Allan F. Smith
Michigan Law Review
A Review of REAL PROPERTY. Vol. 1. By Richard R. Powell.
Real Property-Tax Sales-Title Of Purchaser Of Land Subject To Easement, John J. Gaskell S.Ed.
Real Property-Tax Sales-Title Of Purchaser Of Land Subject To Easement, John J. Gaskell S.Ed.
Michigan Law Review
In an action to enforce a lien for taxes on real property, the defendants counterclaimed, asking for a declaratory judgment as to whether a sale of real property for nonpayment of taxes extinguishes an easement with which the property is burdened. The easement was appurtenant to an adjoining parcel of land. Held, an easement appurtenant is not extinguished by sale of the servient tenement for nonpayment of taxes. District of Columbia v. Capital Mortgage & Title Co., Inc., (D.C. Cir. 1949) 84 F. Supp. 788.
Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.
Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.
Michigan Law Review
Plaintiffs, as landowners in a restricted Detroit subdivision, sought to restrain the defendants from erecting a Lustron house in violation of restrictions limiting construction to full basement, one-family dwellings, costing a minimum of $6,000 and composed of brick, brick veneer, hollow tile or stucco. These restrictions were imposed on all lots in the subdivision by the original owner in 1925. The Lustron house, although costing approximately $7,500, had no basement and was constructed entirely of steel. After agreeing to remove it should the court enforce the restrictions, defendants erected the house. On appeal from a decree granting an injunction, held …
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Michigan Law Review
A zoning ordinance prohibited the erection of private garages within twenty feet of the street line. Because of the peculiar shape of the lot in question, a variance was granted to the then owner permitting the building of a garage closer to the street line. However, before the garage was built, the land was sold to the present owner who obtained a building permit and began construction. Plaintiffs, owners of the adjoining lot, objected to the granting of the permit and appealed to the zoning board of review which denied their appeal. On certiorari, held, present owner might act …
Restitution-Improvements-Recovery Under Occupying Claimants Act, John L. Naylor, Jr.
Restitution-Improvements-Recovery Under Occupying Claimants Act, John L. Naylor, Jr.
Michigan Law Review
Plaintiff sought recovery for value of improvements claimed to have been made as an "occupying claimant" as defined by statute. He had dumped dirt and debris into the Missouri River for many years. This dirt and debris came both from his own excavations in the city and from excavations of other contractors who hired him to haul it away. The result was "made land" which plaintiff occupied for several years prior to ejectment by the defendant city. Verdict was directed for defendant, plaintiff appealing. Held, affirmed. "Made land" did not constitute valuable improvements within the meaning of the statute. …
Torts-Attractive Nuisance-Ponds, Lloyd J. Tyler, Jr.
Torts-Attractive Nuisance-Ponds, Lloyd J. Tyler, Jr.
Michigan Law Review
Plaintiff's four-year-old daughter drowned in a pond on defendant's land. The pond was from six to ten feet deep, with extremely steep banks, and contained various forms of marine life and debris. The pond was useless and was eliminated by the defendant soon after the drowning. The defendant knew that at least twenty small children resided in the immediate area and the pond was visible and accessible to them. In a damage action for the death, held, the defendant was liable under the attractive nuisance doctrine. Saxton v. Plum Orchards, Inc., (La. 1949) 40 S. (2d) 791 (1949).
Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.
Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.
Michigan Law Review
It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.
Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd
Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd
Michigan Law Review
The plaintiff leased property from the defendant for a term of years. The lease provided that the lessor should repair damage from fire and that "the tenancy shall not be terminated unless such repairs shall require more than ninety days." A fire occurred which damaged the property so badly that it could not be repaired within ninety days. The lessor took the position that the tenancy had automatically terminated with the occurrence of the fire. The lessee filed a bill for a declaratory judgment, claiming that under the terms of the lease he had the option either to terminate or …
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Michigan Law Review
Testator created a testamentary trust of several parcels of real property improved with apartment houses, authorizing the trustees to pay the net annual income therefrom to his sons in equal shares. The trust was to terminate when the youngest son attained the age of twenty-one, or, if he died before majority, when the second youngest son attained the age of thirty-seven, or sooner died. Remainder was to the testator's sons living at the termination date or their issue, per stirpes. Testator, while living, had maintained accounting records for the properties in such manner as to reflect an annual charge for …
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Michigan Law Review
As a result of a river's change in course, an old Indian canoe buried on certain land was exposed. While swimming in the river, plaintiffs discovered the canoe and told defendant about it. The latter excavated and removed it. The land had been owned by H, who had died many years ago, devising it to his wife for life and then in fee to his daughter. Plaintiffs, intending to exhibit the canoe, paid the wife and her sons ( who had been farming the land) a sum of money for it. In a replevin action, the daughter intervened. Held …
Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir
Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir
Michigan Law Review
From 1924 until 1948 plaintiff and her family were in apparent, open and continuous possession of a portion of defendant's lot, without permission, and with the intent to exclude the defendant and all others from possession. Although plaintiff and her family constructed a lawn, gardens, steps and parking space on the premises, the court found that such use was "an incident to her occupancy of the house" on the adjoining lot, and was without any separate claim of title. In 1948, defendant entered and began excavating for the foundation of a house. Plaintiff sought an injunction and damages, resting her …