Property Law and Real Estate Commons^™

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.

Survey Of Florida Law: Real Property, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Property Law, W. Wade Berryhill

Law Faculty Publications

As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session. Several judicial decisions, although none could be described as landmark determinations, are of interest and clarify points of law. These cases, as well as selected items of legislation which are believed to be of the most practical interest to …

Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma

Faculty Scholarship

No abstract provided.

Railroads Across Tribal Lands, Carye Cole Chapman

American Indian Law Review

No abstract provided.

Property Law: 1995 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel Iv

Faculty Scholarship

No abstract provided.

Property Law: 1994 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.

Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman

Michigan Law Review

Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.

Part I asserts that CERCLA's legislative history, when read against …

The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin

Seattle University Law Review

This Note analyzes the historical position taken by Washington courts regarding servitudes and tax sales prior to and subsequent to the 1959 statute dealing with easements. The Note next examines the Palzer holding, the degree to which it aligns Washington's position with that of the majority, and its limited support for future litigation involving other forms of servitudes.

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

Washington and Lee Law Review

No abstract provided.

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

Faculty Publications

No abstract provided.

Protecting The Appalachian Trail In Maine, University Of Maine At Portland - Gorham

Maine Collection

Protecting the Appalachian Trail In Maine

A Handbook Compiled by the Allagash Environmental Institute, Center for Research & Advanced Study, University of Maine Portland - Gorham, 1976.

Directed & edited by Patricia Solotaire.

Contents: The Project Itself / The History of Trail Agreements in Maine / The Landowner's Duty to Hikers and Campers / History and Description of the Statutory Protection of the Appalachian Trail / An Overview of Tax Considerations / Land Protection Devices / Using the Information / Bibliography / Footnotes / Appendices

Property, E. F. Roberts

Cornell Law Faculty Publications

A Survey can be a wine list inventorying the entire stock in the house or a selective list of vintages worth spending some time to savour. The reader will be able in a thrice to make his or her own judgment about the policy of this house.

Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson

West Virginia Law Review

No abstract provided.

United States V. Causby: An Extension Thereof, Stuart Randolph Hayes

William & Mary Law Review

No abstract provided.

Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

Future Interests.-The creation of divided interests in real property always carries with it problems in controlling the use and man- agement by the owner of the possessory interest. One of the most difficult problems in future interests is how to adjust the relation between the holder of a present possessory interest and the holder of a future interest in the same parcel of land. In resolving such problems many courts are influenced primarily by the nature (classification) of the future interest involved and have worked out with some degree of certainty the distribution of benefits and burdens in the simple …

Relocation Of Easements - Millson V. Laughlin, David L. Bowers

Maryland Law Review

No abstract provided.

Abstracts Of Recent Cases, J. E. J.

West Virginia Law Review

No abstract provided.

Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather

Michigan Law Review

Plaintiff, operator of a boat company, owned land adjoining a river. X held land between that of the plaintiff and a county road. Plaintiff, seeking to secure a way from his property to the county road, offered by letter to purchase forty acres from X, and upon refusal, attempted to buy a forty foot strip, which was again refused. There was further correspondence, in which the parties referred to an "easement" or a "right of way," which terminated in a letter from X saying: ''From the standpoint of this company, there will be no objection to you building a …

Implied Easements Of Necessity Contrasted With Those Based On Quasi-Elements, Ernest W. Rivers

Kentucky Law Journal

No abstract provided.

The Assessment And Taxation Of Easements, Snyder Jed King

Washington Law Review

A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …

Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review

Michigan Law Review

Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …

Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers

Michigan Law Review

In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.

Party Walls - Replacement And Removal, Charles W. Allen

Michigan Law Review

The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …

Easements--Way Of Necessity Where Other Mode Of Access

West Virginia Law Review

No abstract provided.

Reservation Of Easements By Implication, Warren Gaillard

Kentucky Law Journal

No abstract provided.

Easements--The Doctrine Of Implied Grant On Quasi-Easements, H. W. Vincent

Kentucky Law Journal

No abstract provided.