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Property Law and Real Estate Commons™

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1988

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 130 of 130

Full-Text Articles in Property Law and Real Estate

An Ecological Perspective On Property, David Hunter Jan 1988

An Ecological Perspective On Property, David Hunter

Scholarly Articles in Law Reviews & Journals

This article presents an ecological perspective on property law, one in which the definition of property rights is determined by the ecological characteristics of the property. Thus, a wetlands would be treated differently than a parking lot.

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The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson Jan 1988

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Publications

No abstract provided.

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Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan Jan 1988

Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan

Cleveland State Law Review

The "gentle readers" may be surprised by the analogy suggested between the reform of landlord-tenant law and the experience of Alice and the Queen. However, the events surrounding the enactment of Amended Substitute Senate Bill 103 were as perplexing as those in Lewis Carroll's story. Those opposing real reform, principally the real estate industry, were successful in weakening the proposed legislation. Consequently, the primary goal of the sponsors of landlord-tenant legislation in Ohio was not met by the legislation finally enacted. As this Article will demonstrate, the interpretation of the Act by the courts of Ohio has proven true the …

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The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Jan 1988

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Faculty Scholarship

No abstract provided.

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Building A Commercial Practice, Stephen B. Cohen Jan 1988

Building A Commercial Practice, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Commercial real estate law practice includes but is not limited to everything from new construction to complex exchanges, from strip shopping centers with a few stores to modern regional shopping centers, from the small two or three unit office building to the large downtown and suburban office/residential condo developments, and the sale of any type of business property. While it appears there is room for thousands of attorneys to handle the major transactions described above, this is generally not the case. It is well known that the commercial real estate bar in most large metropolitan areas is a rather select …

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For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold Jan 1988

For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold

Articles & Chapters

While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …

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Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller Jan 1988

Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller

Articles

There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …

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Foresight And The Law Of Servitudes, Stewart E. Sterk Jan 1988

Foresight And The Law Of Servitudes, Stewart E. Sterk

Articles

The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …

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How To Do A Perpetuities Problem, John Makdisi Jan 1988

How To Do A Perpetuities Problem, John Makdisi

Cleveland State Law Review

The most difficult aspect of the rule against perpetuities is figuring out a sure-fire way to determine whether an interest created in a conveyance is valid or invalid. The meaning of the rule itself is not hard to fathom. Whenever the interest might vest too remotely it is invalid, and it becomes possible to vest remotely if there is a chance that it could vest more than twenty-one years after everyone alive at the time of the conveyance has died. Whether the interest violates the rule against perpetuities is determined at the moment the conveyance creating the interest becomes effective. …

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Aesthetic Regulation: A New General Rule, Michael Pace Jan 1988

Aesthetic Regulation: A New General Rule, Michael Pace

West Virginia Law Review

No abstract provided.

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