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Property Law and Real Estate Commons™

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2012

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Institution
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Articles 151 - 157 of 157

Full-Text Articles in Property Law and Real Estate

Finding Nemo Dat In The Land Title Act: A Comment On Gill V. Bucholtz, Douglas C. Harris, Karin Mickelson Jan 2012

Finding Nemo Dat In The Land Title Act: A Comment On Gill V. Bucholtz, Douglas C. Harris, Karin Mickelson

All Faculty Publications

This comment reviews the decision of the British Columbia Court of Appeal in Gill v. Bucholtz and explores the implications for the allocation of risk in the province’s title registration system. The case involved a rogue who forged the transfer of a fee simple and registered that transfer. The person on title, also a party to the fraud, then transferred two mortgages to bona fide purchasers. The purchasers of these charges held title insurance. The question before the court was whether the title registration system’s assurance fund would compensate the original holder of the fee simple interest for the mortgages …

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A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris Jan 2012

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

All Faculty Publications

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

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Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Douglas C. Harris Jan 2012

Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Douglas C. Harris

All Faculty Publications

Property Law is about things, but only secondarily. It is primarily about relationships between people as they pertain to things. As a result, although we commonly identify material and immaterial things as private, common, or state property, property law deals with the subset of human relationships that determines rights and responsibilities with respect to things. The institution of property law — the rules that define this subset of human relationships — arises in the context of scarcity. When things are scarce and accordingly hold exchange value, humans construct ideas of ownership. We have been doing so for millennia, or at …

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Club Good Influence On Residential Transaction Prices, J. Andrew Hansz, Darren K. Hayunga Jan 2012

Club Good Influence On Residential Transaction Prices, J. Andrew Hansz, Darren K. Hayunga

Finance Faculty Publications

We examine residential real estate transactions in a market where an additional property right to a club good may have an influence on prices. We find that for single-family property, the market capitalizes approximately 50% of the full value of the extra property right. For condominiums, the amount reduces to approximately 25%. While these amounts are positive, they clearly are significantly lower than full value.

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The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme

Sea Grant Law Fellow Publications

No abstract provided.

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The Character Of The Governmental Action, Thomas W. Merrill Jan 2012

The Character Of The Governmental Action, Thomas W. Merrill

Faculty Scholarship

Penn Central Transportation Co. v. New York City holds a secure position in the architecture of the regulatory takings doctrine. That doctrine is at bottom a tool for distinguishing between different governmental powers; in particular, between the power of eminent domain and the police power. Because eminent domain requires that compensation be paid, whereas the police power does not, it is necessary to draw a line between these powers. Conceivably we could simply take the legislature at its word as to which power it is exercising. But at least since Pennsylvania Coal Co. v. Mahon, the Supreme Court has insisted …

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Property As Modularity, Thomas W. Merrill Jan 2012

Property As Modularity, Thomas W. Merrill

Faculty Scholarship

Professor Henry Smith’s Property as the Law of Things urges a return to an older conception of property as rights with respect to things – and justifies this in terms of a very new conception of property based on modularity. Throughout, he highlights the importance of information costs in determining the structure of property law, starting with a baseline of in rem rights of exclusion supplemented by governance rules to deal with exceptional situations. I fully agree with his emphasis on the centrality of things in the law of property, the in rem nature of property, the primacy of exclusion …

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