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Articles 91 - 120 of 122
Full-Text Articles in Property Law and Real Estate
Zoning-Virginia Defines Scope Of Local Power To Impose Dedication And Land Use Requirements Upon Individual Landowners
University of Richmond Law Review
The power of local legislative bodies to enact zoning ordinances to regulate growth within their territorial jurisdictions has long been recognized. Pursuant to several enabling statutes, Virginia cities and counties have chosen various means of implementing this regulatory authority. In response to this trend, Virginia courts have developed general principles for judicial review of zoning ordinances. Simply stated, the purpose of a zoning act must be to promote the public health, safety, morals, or general welfare, to conserve and protect the value of buildings, and to encourage the most appropriate use of the land. If an area is zoned for …
Challenging Exclusionary Zoning Practices
Challenging Exclusionary Zoning Practices
University of Richmond Law Review
Municipal zoning ordinances are often used to exclude from a community persons of a lower socio-economic status than the existing residents. Such practices, known collectively as exclusionary zoning, have come under increasing attack as the shortage of decent housing, in the United states becomes more severe.
Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare
Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare
University of Richmond Law Review
The growth pressure on the suburban and rural counties in Virginia in the seventies should be as great as that experienced by counties in the Boston to Washington corridor in the sixties. This urban corridor is working its way south.
Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler
Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler
University of Richmond Law Review
Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.
Land Use Law In Virginia
University of Richmond Law Review
In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …
Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.
Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.
University of Richmond Law Review
At first blush this would appear a reactionary, unthinkable concept, an invitation to chaos. A legislator in Virginia who proposed such a change might well be shuttled home for a "much needed rest." Yet, this idea does have its outspoken proponents who are well recognized in the field of land use. One of the more notable is Mr. Bernard H. Siegan, who has expressed the opinion that urban planning can often be best served by eliminating zoning laws and permitting the market to totally dictate the course of development in a particular area. Mr. Siegan holds strongly to the view …
Preferential Land Assessment In Virginia, Eric E. Adamson
Preferential Land Assessment In Virginia, Eric E. Adamson
University of Richmond Law Review
The post-World War II land boom has seen cities and many towns snake outward into the countryside, engulfing millions of acres of formerly open land and developing them into suburbs. Cities have expanded not merely in numbers of people; they have over the past several decades also swallowed up vast areas of heretofore rural and farm land as city dwellers have fled to the suburbs.
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
University of Richmond Law Review
No aspect of the law of real property affects more people as pervasively as the law of landlord and tenant. A recent study undertaken by the Virginia Housing Study Commission showed that almost fifty percent of the Commonwealth's population are tenants.
Condominiums In Virginia- The Condominium Act Of 1974
Condominiums In Virginia- The Condominium Act Of 1974
University of Richmond Law Review
The condominium is one of the fastest growing forms of housing in the United States. As a legal concept, the condominium involves "separate ownership of individual units in a multi-unit project," along with an undivided interest in common areas owned by members of the project. Unit owners, while owning their units separately, are responsible for expenses relative to the management and maintenance of the project.
Real Property- The Rule Against Perpetuities- Option Contract Held Void Due To Violation Of The Common Law Rule
University of Richmond Law Review
The Rule against Perpetuities as originally developed in England and crystalized over two centuries is still alive and thriving in the Commonwealth of Virginia as evidenced by the recent supreme court case of United Virginia Bank v. Union Oil. While a number of states have enacted legislation or judicially adopted ways and means to avoid the harsh results often dictated by the common law rule, it appears that Virginia may be defending a rearguard position which may not be functional in terms of today's commercial world.
Landlord And Tenant-Patent Defects In A Common Area
Landlord And Tenant-Patent Defects In A Common Area
University of Richmond Law Review
When a landlord retains control of a portion of the premises for common use by multiple tenants, he must exercise ordinary care to keep that common area in a condition reasonably safe for its intended use. Since the landlord incurs no liability when the premises are under the exclusive control of one tenant, the prerequisites of liability for an injury resultig from a defective condition in a common area are that the landlord must have reserved the area for common use for himself and the tenants, and that he must have retained control of the area himself rather than have …
Warranties-Implied Warranties Of Fitness And Merchantability Held Applicable To The Sale Of Electricity As A Service
University of Richmond Law Review
The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied …
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
University of Richmond Law Review
Protection against latent defects exists for the purchaser of a forty-nine cent ball point pen under an implied warranty of merchantability, but no such protection prevails for the vendee of a $50,000 home in the absence of fraud, misrepresentation, or an express warranty of condition and habitability. Such is the anomaly created by the doctrine of caveat emptor, still ruthlessly applied in a majority of American jurisdictions. In two cases recently adjudicated, Elderkin v. Gaster and Smith v. Old Warson Development Co., the courts abandoned caveat emptor in the sales of new homes by builder-vendors where latent defects are at …
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Economic Development Of Indian Lands, Roger L. Tuttle
Economic Development Of Indian Lands, Roger L. Tuttle
University of Richmond Law Review
If anything be true of the United States in the second half of the Twentieth Century, it is the rise of humanism and social consciousness on the part of most Americans. The near-universal test applied today to one's personal or group relationships is whether justice is served. The salient examples of the fruit of this concern are the achievements which have been made toward bringing "first class citizenship" to the Negro-American through school desegregation, establishment of uniform nondiscriminatory voting requirements, abolition of separate rest rooms and waiting rooms, and the opening of housing and transportation facilities equally to all. The …
The Innkeeper's Lien And Due Process
The Innkeeper's Lien And Due Process
University of Richmond Law Review
The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
University of Richmond Law Review
When a landlord leases a part of the premises to individual tenants, as in an apartment building, he necessarily retains control over areas used in common and must exercise ordinary care to keep these areas in a reasonably safe condition.' This duty arises because common areas are part of the estate reserved by the landlord for the use and benefit of all the tenants. The responsibility of the lessor extends to the lessee, members of the lessee's family, and all persons on the premises at the invitation of the lessee, whether the invitation be express or implied.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
Updating Virginia's Probate Law, Thomas S. Word Jr.
Updating Virginia's Probate Law, Thomas S. Word Jr.
University of Richmond Law Review
The estate of the average Virginian today is much more complex and diversified than the estate of the nineteenth century Virginia citizen, and consequently, problems of modem probate have become increasingly complicated. In 1870 the typical Virginian farmed, and land was the chief measure of his wealth. The farm, livestock, and household furnishings were normally the extent of his estate. Income and death taxes were unknown, and trusts were rare.
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
University of Richmond Law Review
The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, …
Implied Warranty Of Habitability In Lease Of Furnished Premises For Short Term: Erosion Of Caveat Emptor
University of Richmond Law Review
At common law, the rule of caveat emptor applied to a lease of real property. Therefore, it was the tenant's duty to inspect the premises before leasing them to determine their safety and adaptibility to his needs. With the rare exceptions of fraud, misrepresentation or express warranty, the landlord was not liable to a tenant who was injured by defects in the premises. Under no circumstances was there an implied warranty in the lease of real property that the premises were suitable for occupancy. Today, the great weight of authority, in the absence of statute, is in accord with the …
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Perpetuities, Privity And Professional Liability, D. Orville Lahy
Perpetuities, Privity And Professional Liability, D. Orville Lahy
University of Richmond Law Review
As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.
The "Attractive Nuisance Doctrine" In Virginia, William T. Muse
The "Attractive Nuisance Doctrine" In Virginia, William T. Muse
University of Richmond Law Review
Children deem it their prerogative to roam wherever they please. In particular, they have a tendency to wander on other people's land and meddle with anything they find there. In doing so they frequently get hurt. The problem of the liability of occupiers of land for such injuries has taken up much of the time of American courts in the last one hundred years and has resulted in many published decisions. The trial courts in Virginia have devoted much thought and time to this problem, and since 1887 twelve cases have been heard and decided by the Supreme Court of …
Recent Cases
University of Richmond Law Review
This article is a summary of the case law that occurred in 1964.
Marketable Title On A Place In Space, D. Orville Lahy
Marketable Title On A Place In Space, D. Orville Lahy
University of Richmond Law Review
Space, it's wonderful! This modification of an oft-repeated cliche is intended in no way to dimnish the significance of mankind's yearning for peace since the beginning of time. It is, however, designed to focus attention on the conquest of space, mankind's twentieth-century contribution to what has come to be known as "progress". Contemporary writers characterize the era in which we live as the "space age" and there is every reason to believe that historians of the future will similarly record the twentieth century as -theepoch of man's mastery not only of transportation in space, but also of his dominion over …
The New Judgment Lien On Lands, Ellsworth Wiltshire
The New Judgment Lien On Lands, Ellsworth Wiltshire
University of Richmond Law Review
The lien of a judgment for money upon real estate of the judgment debtor embodied in Sections 8-386 and 8-390 of the Virginia Code has been radically changed by the Acts of 1960, c. 466 and c. 255 respectively. How these amendments affect the liens of judgments obtained before as well as those obtained after the effective date of the amendments (June 27, 1960) will be considered below.
Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy
Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy
University of Richmond Law Review
It happened in Texas, but it could just as well have been Virginia. At the June 1934 term of the County Court of Anderson County, Texas, there was offered for probate the holographic will of Herman Oberweiss. The testator and his several brothers had settled in Texas after emigrating from their native Germany, and without benefit of much education Herman Oberweiss had been able to accumulate considerable wealth during his lifetime.
The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.
The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.
University of Richmond Law Review
Very few lawyers in general practice in Virginia have not been consulted at one time or another about the right of a real estate broker to collect a commission on a sale of property consummated directly by the owner or through another broker with a customer found by the first broker. The majority of the disputes of this nature never reach the courts and undoubtedly the great majority of those that do are finally settled at the trial court level. Nevertheless the Virginia reports contain a number of decisions involving such cases, and opposite results have sometimes been reached under …
Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy
Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy
University of Richmond Law Review
Whereas most Virginia lawyers know about the rule against perpetuities, many of the same lawyers do not know what it is all about. Perpetuities is a dry and dismal subject to an active practitioner, and the state of abject bewilderment with which he was indoctrinated about the rule against perpetuities while in law school lingers on to haunt his memory. for the balance of his professional career. It is not until an actual client appears with a perpetuities problem that the same practitioner is forced to face the stark realities of the rule. It is only then that the complexities …