Property Law and Real Estate Commons^™

Water Development And Acquisition For A Municipal Supply, Tom Griswold

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.

Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann

University of Michigan Journal of Law Reform

Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.

The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler

Popular Media

No abstract provided.

Agency—Selling Brokers Are Subagents Of Sellers In Real Estate Transactions Involving Multiple Listing Services, D. Franklin Arey Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Virginia Water Rights, James O. Reavis

William & Mary Environmental Law and Policy Review

No abstract provided.

The Washington Real Estate Contract Forfeiture Act, Linda S. Hume

Washington Law Review

The Real Estate Contract Forfeiture Act (the Act), which became effective January 1, 1986, creates a nonjudicial procedure for forfeiture of the purchaser's interest in a real estate contract that terminates the purchaser's rights in the contract and in the real property that is the subject matter of the contract. Compliance with the Act's procedures should clear the seller's title to the property. The Act represents a significant departure from common law forfeiture procedures. This discussion will trace the origins of the Act, explain its basic design and purpose, and indicate where the Act changes or parallels the prior common …

Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger

Washington and Lee Law Review

No abstract provided.

Conserving The Nation's Heritage Using The Uniform Conservation Easement Act, Ellen Edge Katz

Washington and Lee Law Review

No abstract provided.

Mining With Mr. Justice Holmes, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Inholders: An Endangered Species?, Wm. Kelly Nash

BYU Law Review

No abstract provided.

Mining With Mr. Justice Holmes, E. F. Roberts

Vanderbilt Law Review

All of us are probably familiar with the notion that the owner of mineral rights may owe some duty of care to support the owner of the fee in his or her surface use of the land. This principle results in a binary system (the surface estate and the right of sup-port) that can be treated easily in tort law. In Pennsylvania the coal companies had owned vast areas of land. The companies had sold much of this land, reserving not only the coal, but "the right to. ..remove the same without incurring in any way liability for any damage …

Virginia's Acquisition Of Unclaimed And Abandoned Personal Property, K. Reed Mayo

William & Mary Law Review

No abstract provided.

Realtor Liability For Innocent Misrepresentation And Undiscovered Defects: Balancing The Equities Between Broker And Buyer, Linda S. Whitton

Law Faculty Publications

No abstract provided.

Real Property And Real Estate Transactions, Julie S. Chatz, Kristen E. Hazel

Loyola University Chicago Law Journal

No abstract provided.

The Myth Of The Classic Property Clause Doctrine, Dale Goble

Articles

No abstract provided.

Hartog's New York And The Ideology Of Public And Private, Elizabeth B. Mensch

Book Reviews

Review of H. Hartog, Public Property and Private Power

Property, Earl Kent Hellems

West Virginia Law Review

No abstract provided.

Effects Of Property Vs. Services Analysis On Tax Consequences Of Development Fees In Limited Partnership Real Estate Investments, Anthony J. Luppino

Faculty Works

No abstract provided.

The Act Of State Doctrine And Allied Bank, M. Erin Kelly

Villanova Law Review (1956 - )

No abstract provided.

The Foreseeable Risks Of Apartment Living: Pennsylvania Defines A Landlord's Duty To Provide Security, John P. Mclaughlin

Villanova Law Review (1956 - )

No abstract provided.

Keeping Faith: Fiduciary Obligations In Property Owners Associations, Robert G. Natelson

Faculty Law Review Articles

No abstract provided.

0439: Dunn-Henderson Family Papers, 1892-1947, Marshall University Special Collections

Guides to Manuscript Collections

Deeds for property in Huntington, West Virginia., Wayne County, West Virginia. and Lawrence County, Ohio. Also correspondence and newspaper clippings of John P. Henderson during World War II. There are Collis P. Huntington signatures on some of the deeds. Deeds for property in Huntington, W.Va., Wayne County, W.Va. and Lawrence County, Ohio. Also correspondence and newspaper clippings of John P. Henderson during World War II. There are Collis P. Huntington signatures on some of the deeds.

Title Insurance Companies' Liability For Failure To Search Title And Disclose Record Title, Joyce Palomar

Faculty Articles

No abstract provided.

The Easement In Gross Revisited: Transferability And Divisibility Since 1945, Alan D. Hegi

Vanderbilt Law Review

Courts have disagreed about the nature, obligations, and privileges that accompany the easement in gross. Generally, an easement is an interest in land which gives the easement holder the right to use that land for a specific purpose, free from the will of the landowner. An easement is in gross when the benefit from the use of another's land inures to the easement holder personally, rather than to the holder's land. The land that is subject to the holder's right of use is the servient tenement. Courts agree on these basic principles of an easement in gross, but have disagreed …

Property Law - Waiver Of Closing Date In Land Sales Contracts In North Carolina - Fletcher V. Jones, Ricky L. Griffin

Campbell Law Review

This Note will demonstrate that the Fletcher court erred in holding that a land sale contract closing date could be waived. This Note will show that the court misapplied the doctrine of waiver to a land sale contract closing date, the court erroneously concluding that the seller was estopped from contending that reasonable time for performance should be computed from that date. Additionally, this Note will also show that the court modified the contract closing date for the purpose of computing a reasonable time for performance, a result that the parties themselves could not have reached without a written modification …

Destruction Of Community, Richard Lewis

Buffalo Law Review

No abstract provided.

Annual Survey Of Virginia Law: Property, W. Wade Berryhill

University of Richmond Law Review

The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …

The Purchase Money Security Interest In Inventory Versus The After-Acquired Property Interest-A "No Win" Situation, Nathaniel Hansford

University of Richmond Law Review

Extending credit entails risk. Seldom is a creditor absolutely assured of complete payment of his debt. Not only is there a risk in almost every loan, but the types of risks that must be weighed are manifold. The debtor may be a poor business person and never make a profit sufficient to repay the debt. The debtor class is replete with scoundrels and outright crooks who borrow money without any intention to service the debt. The economy may slump to such a degree that even astute business persons are pressed to pay their outstanding obligations. The creditor's collateral may deteriorate …

Landlord Liability For Crimes Committed By Third Parties Against Tenants, C. Stephen Setliff

University of Richmond Law Review

A landlord's potential liability for crimes committed by third parties against tenants has been a dynamic and expanding area of the law since 1970. While several jurisdictions have been reluctant to expand the landlord's liability to his tenant, other courts have found the landlord liable for criminal acts based upon tort and contract principles.

Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss

Vanderbilt Journal of Transnational Law

Passage of the FSIA in 1976 codified the restrictive theory of sovereign immunity, which provides that a foreign state will re-main immune from suit for its public acts but will lose immunity for its private and commercial acts. By placing the determination of a foreign government's immunity in the hands of the judiciary, Congress attempted to standardize an area of the law that had been governed by political relations between the United States and foreign governments.

The FSIA is the exclusive mechanism through which private parties can seek redress against foreign governments in United States courts. The Act provides a …