Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (18)
- Constitutional Law (5)
- Administrative Law (4)
- Comparative and Foreign Law (4)
- Water Law (4)
-
- Civil Rights and Discrimination (3)
- Environmental Law (3)
- Housing Law (3)
- Indigenous, Indian, and Aboriginal Law (3)
- Legal History (3)
- Taxation-State and Local (3)
- Agriculture Law (2)
- Banking and Finance Law (2)
- Consumer Protection Law (2)
- Estates and Trusts (2)
- Family Law (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- Intellectual Property Law (2)
- Judges (2)
- Land Use Law (2)
- Law and Race (2)
- Legal Remedies (2)
- Natural Resources Law (2)
- Public Law and Legal Theory (2)
- Science and Technology Law (2)
- Torts (2)
- Agency (1)
- Keyword
-
- Property (4)
- Zoning (3)
- Community property (2)
- Constitution (2)
- Consumer Protection (2)
-
- Eminent domain (2)
- Housing (2)
- Property Law (2)
- Property taxation (2)
- Washington (2)
- Administrative (1)
- Alien Land Act (1)
- Article III standing (1)
- Asset (1)
- Biometric data (1)
- Bundle (1)
- Civil (1)
- Climate Law (1)
- Constitutional (1)
- Constitutional Law (1)
- Consumer (1)
- Consumer Law (1)
- Consumer data (1)
- Consumer's Property Rights (1)
- Contracts (1)
- Copyright (1)
- Copyright constitution (1)
- Copyright infringement (1)
- Copyright infringement remedy (1)
- Copyright remedy (1)
Articles 91 - 120 of 154
Full-Text Articles in Property Law and Real Estate
Toward Effective Municipal Zoning, Arval Morris
Toward Effective Municipal Zoning, Arval Morris
Washington Law Review
Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …
Joint Tenancy For Washington?, Harry M. Cross
Joint Tenancy For Washington?, Harry M. Cross
Washington Law Review
Recurring proposals to make joint tenancy ownership generally available in Washington justify consideration of possible consequences of such a change from what has been the pattern of law since territorial days except for the aberration for a few years beginning in 1940. The absence of joint tenancies in general has probably put both the ordinary rules and the special complications of joint tenancy law beyond the ken of the typical Washington lawyer, hence a rudimentary summary of that law is desirable.
The Law Of Adverse Possession In Washington, William B. Stoebuck
The Law Of Adverse Possession In Washington, William B. Stoebuck
Washington Law Review
Adverse possession is an anomaly in the law in that it is a system whereby a legal right is obtained through conduct which must be wrongful. Essentially it consists of the nonpermissive occupation of another's land until a statute of limitations bars his right to recover it. Unlike the usual statute of limitations situation, in which only a remedy is barred, in adverse possession the occupant acquires an affirmative legal right, an original title in fee simple. Clearly such a strange and drastic doctrine must spring from strong necessity. Desire to reward the occupant or punish the lax owner should …
Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer
Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer
Washington Law Review
Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States, the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to …
Real Property, Harry M. Cross
Real Property, Harry M. Cross
Washington Law Review
Covers the rule of perpetuities in trust dispositions and assessment and taxation of easements.
Real Property, Morton G. Herman
Real Property, Morton G. Herman
Washington Law Review
Covers cases on easements—rights of nonabutting property owners.
Real Property, Floyd L. Newland
Real Property, Floyd L. Newland
Washington Law Review
Covers cases on limited-access higway condemnation—compensation for loss of easement of access—measure of compensation and on adverse user—necessity of claim of right.
Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen
Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen
Washington Law Review
The acquisition by cities and towns of private property, and to some extent public property also, is provided for in Chapter 8.12 RCW, which enumerates the public purposes for which such property may be acquired upon payment of "just compensation." The statement of public purposes included in that chapter relate in the main to the furtherance of the governmental as distinguished from the proprietary functions of cities and towns. Said chapter is implemented and supplemented as to the latter functions by Chapter 80.40 RCW, which relates to the needs of cities and towns in the exercise of their proprietary functions, …
Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt
Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt
Washington Law Review
The following remarks on law, procedure, problems and preparation for trial of a condemnation case are not intended as a text for condemnation. I mention only some aspects of this highly diversified field; no set pattern can be applied to each and every condemnation trial. This discussion concerns state condemnation rather than condemnation by city or county. Highway design, right-of-way acquisition and construction require time. Because of the tremendous demand in our state for highway improvements, this field of condemnation is ever-expanding.
Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates
Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates
Washington Law Review
Following are some of the papers on condemnation law presented at one of the Legal Institutes held as a part of the annual meeting of the State Bar Association. These institutes are of great benefit to those who are able to attend and participate in them, but, as stated in the speech of Mr. Rhyne, President of the American Bar Association, there is a need to disseminate the material gathered at such institutes to lawyers who are not able to attend the proceedings. The editors of the Washington Law Review take great pleasure in publishing these papers, as a service …
Real Property, Gilbert J. Price Jr.
Real Property, Gilbert J. Price Jr.
Washington Law Review
Covers cases on the conveyance of after-acquired title by quitclaim deed—effect of habendum clause.
Just Compensation And The Navigation Power, William J. Powell
Just Compensation And The Navigation Power, William J. Powell
Washington Law Review
The fifth amendment of the United States Constitution commands that private property shall not be taken for public use without just compensation. Many cases involve the issue of what constitutes just compensation for particular private property which has been taken. Few guiding principles have been formulated, other than a general proposition that just compensation is based upon the market value of the property with due consideration of all its available uses. The amount assessed under the above formula cannot be enhanced by any special use of the property to the Government, because just compensation means the amount of loss to …
Real Property, Donald Louis Johnson
Real Property, Donald Louis Johnson
Washington Law Review
Covers cases on the power of revocation and on the status of the rule against undue postponement of enjoyment.
Creditors' Rights, Rex M. Walker
Creditors' Rights, Rex M. Walker
Washington Law Review
Covers cases on declaration of homestead—excess value subject to judgment lien—good faith declaration.
Evolution Of Legislation On Proof Of Title To Land, R. G. Patton
Evolution Of Legislation On Proof Of Title To Land, R. G. Patton
Washington Law Review
Possessory titles are recognized by the courts when they protect a first trespassing squatter against acts of a subsequent trespasser. They are given priority over the claims of the conventional title holder when the latter has lost his right to judicial assistance by reason of acts which raise an estoppel or for failure to act within a period of time which the courts or the legislature have fixed as a limitation of action. In these cases the holder of the possessory title may by court action secure a documentary title in the form of a judgment which confirms a title …
Real Property, Harry M. Cross
Real Property, Harry M. Cross
Washington Law Review
Covers laws on eminent domain, forest lands, oil and gas leases, and plats and school dedications.
Personal Property, Cornelius J. Peck
Personal Property, Cornelius J. Peck
Washington Law Review
Covers the Unclaimed Personal Property Act.
Property, William J. Powell, Layton A. Power, William M. Robinson
Property, William J. Powell, Layton A. Power, William M. Robinson
Washington Law Review
Covers cases on easements by implied reservations, on condemnation of public property, on proof of intent to claim adversely (Powell), on the validity of antenuptial agreements that alter the status of property acquired after the marriage (Power), and on the extent of the duty to rebuild under a lease with a convenant to rebuild (Robinson).
Property, Laurence S. Moore, Richard K. Quinn
Property, Laurence S. Moore, Richard K. Quinn
Washington Law Review
Covers cases on the hostile intent requirement in adverse possession, on riparian rights in floodwaters and the common enemy doctrine, on the duty to inquire as to easements in the contract to convey "free from encumberance" (Moore), and on agreements to return goods in the same condition (Quinn).
Property, Harry M. Cross
Property, Harry M. Cross
Washington Law Review
Covers alien land law and survivorship in joint tenancies.
Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray
Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray
Washington Law Review
Although much has been written criticizing the statutory right of redemption from real estate foreclosures, it still exists in Washington and a majority of the United States. The basic reason for its continued existence is the strong trend throughout modern timnes to give greater protection to the "oppressed debtor." The history of the moratoria legislation of the last depression is the strongest evidence of the sympathy for the debtor class, and the statutory right of redemption comprises not only a large part of the trend, but it is the place where the policy of favoring the mortgage debtor has reached …
Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell
Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell
Washington Law Review
P orally engaged D to sell P's land, for which D was to receive a commission of $1,000. D falsely represented that he had procured a purchaser who would buy the property if he could obtain a loan of $10,000, and that D could procure the necessary loan upon paying a bonus of $3,000 to the lender. P, in reliance on these representations, entered a written agreement to pay D $4,000. P brought an action to recover the $3,000 which D had received and converted to his own use. Held: The oral agreement created an agency relationship which D breached …
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Washington Law Review
In an action for specific performance of a real estate contract, D set up the plea of the statute of frauds, in that there was an insufficient legal description. D had signed an earnest money agreement containing the following description: "real property: at 309 E. Mercer, Seattle, King County, Washington." Held: the legal description is insufficient. Every contract for the sale or conveyance of platted real property must contain in addition to the other requirements of the statute of frauds, the description of such property by correct lot number(s), block, addition, city, county, and state. Martin v. Seigel, 35 Wn. …
The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker
The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker
Washington Law Review
The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement for the benefit of one part of the land to the detriment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or conveyed. The easement arising from the former will be termed an "implied easement" while the latter will be referred to as a "way of necessity." Though …
Agency And Escrow, Roger K. Garrison
Agency And Escrow, Roger K. Garrison
Washington Law Review
There are myriad instances in the law where courts or legislatures of various states have given precise definition to a certain legal status. Such words as "trustee," "guardian," and "mortgagor" have come to have fixed meanings and definite legal incidents attached to them. Not so fortunate, however, has been the term "escrow holder," or sometimes "escrowee." While courts are generally in accord as to what circumstances will create an escrow transaction, statements of the precise legal status of the escrow holder are noteworthy for their discord rather than their harmony. As yet no court has seen fit to regard the …
Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny
Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny
Washington Law Review
In the recent case of Haugen v. Netswonger the respondent, whose sawmill was encumbered and who was in danger of having to cease operations, induced the appellant to enter into a partnership for the operation of the mill. During the preliminary negotiations he told the appellant that he would get back, in a short time, everything that he put into the venture. The partnership agreement, which was signed on May 9, 1947, contained a covenant of the respondent, that he had good title to the sawmill free of all encumbrances. At the time, there was an outstanding chattel mortgage of …
Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross
Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross
Washington Law Review
In dissenting in Berry v. Pond, Hill, J., said, "By this decision, we not only add a new exception to those enumerated in Rem. Rev. Stat. § 11288 [P.P.C. § 979-313], but write a new chapter on How Secure Is Your Tax Foreclosure Title?" It is the purpose of this comment to indicate the nature of the new chapter and to suggest that it is inadvisedly if not erroneously written.
The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross
The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross
Washington Law Review
It is impossible to appraise the whole of this treatise, which will include five volumes, with only the first being published, but there are sufficient clues in the published volume to indicate the quality of the whole work. This is a modern book: witness, for example, the discussion of Oyama v. California, 332 U.S. 633 (1948) in paragraph 106 on page 393. In the preface Professor Powell states the three guiding stresses in his study to be upon (1) integration of the whole subject, (2) current problems in the perspective of the trends of evolution, and (3) the tremendous importance …
Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht
Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht
Washington Law Review
Although the common law rules regarding ownership and removability of trade fixtures are too well known and too often employed to necessitate comment, the application of these rules has caused some courts substantial difficulty in cases where the lease in question contains a covenant by the lessee during the term to become the property of the lessor. The Supreme Court of Washington has considered leases containing this type of clause in two cases involving contests between landlords and tenants over the ownership of chattels installed on the premises by the tenant and has laid down the rule that when such …
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Washington Law Review
Reviews and comments, direct and indirect, upon this new casebook, developed in furtherance of Professor McDougal's views on the proper functions of law schools, have appeared in print in several places. From some comments a seriously distorted picture of the book and its possible use is almost unavoidable-a circumstance that has persuaded me that the experience of one professor in its use can be helpful.