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Articles 601 - 630 of 782

Full-Text Articles in Property Law and Real Estate

Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman Jan 1966

Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman

Villanova Law Review (1956 - )

No abstract provided.


Right Of First Refusal--Homogeniety In The Condominium, Ira E. Parker, Iii Oct 1965

Right Of First Refusal--Homogeniety In The Condominium, Ira E. Parker, Iii

Vanderbilt Law Review

The condominium, a newly popular but relatively old' concept in real property law, is defined basically as an apartment project involving individual fee ownership of a family unit in a multi-unit structure or structures. To complete the ownership picture, the individual fee owners are also tenants in common, with undivided interests, in the land on which the structure is built, and in other parts of the structure which are not part of an individual unit. Due to the anticipated popularity of this unconventional real estate ownership,state legislation has blossomed in the past four years, and today, all but a few …


Condominium: A Reconciliation Of Competing Interests?, James C. Clark Oct 1965

Condominium: A Reconciliation Of Competing Interests?, James C. Clark

Vanderbilt Law Review

This note will first examine some of the operative provisions of the condominium statutes. Particular emphasis will be placed upon those provisions which are basic to the creation, existence, and dissolution of this unique form of property ownership. The FHA Model Statute For Creation of Apartment Ownership will be the principal vehicle of analysis, for it is the basis of many of the state condominium statutes. State provisions which differ from the Model Act will then be examined to discover the best statutory answer to the needs of condominium housing. Finally, attention will be focused on the tax implications of …


Wills--Equitable Conversion, Robert Willis Walker Jun 1965

Wills--Equitable Conversion, Robert Willis Walker

West Virginia Law Review

No abstract provided.


Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman Jun 1965

Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

Validity of Instrument Which Only Appoints Fiduciary--Is an instrument which makes no testamentary gift, but only designates or appoints the personal representative to administer the estate and provides certain special powers of fiduciary administration entitled to probate as a valid will? While it has been said that there need be no dispositive gift of property to entitle a testamentary writing to probate as a will,' there seems to have been no definite court decision in Tennessee so holding until the recent case of Delaney v. First Peoples Bank of Johnson City. In that case a writing properly executed with the …


Planning Incompetents' Estates Via Inter-Vivos Distributions, Joseph C. Kelly Jan 1965

Planning Incompetents' Estates Via Inter-Vivos Distributions, Joseph C. Kelly

Villanova Law Review (1956 - )

No abstract provided.


Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes Jan 1965

Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments In Eminent Domain In Arkansas, Robert R. Wright Jan 1965

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.


A Future For Girard's Dream, Henry S. Hilles Jr., Wilfred B. Wolcott Jr. Jan 1965

A Future For Girard's Dream, Henry S. Hilles Jr., Wilfred B. Wolcott Jr.

Villanova Law Review (1956 - )

No abstract provided.


Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch Dec 1964

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch

Vanderbilt Law Review

Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …


Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr. Dec 1964

Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.


A Tale Of Two Cases, William H. Agnor Oct 1964

A Tale Of Two Cases, William H. Agnor

Vanderbilt Law Review

Professor Agnor here traces the development of what he suggests is a bad rule of law which originated in a poor decision of a jurisdiction highly respected for its decisions on the law of future interests. The author's demonstration of how the case has been blindly followed by both bench and bar underscores his message that members of the legal profession must not rely on encyclopedic statements of the law without an examination into the policies and problems involved.


Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers Oct 1964

Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers

Vanderbilt Law Review

The removal of future interest encumbrances on realty may in proper cases relieve hardship of private parties and be of benefit to the community by rendering the land marketable and productive. The author here examines the scope of equity jurisdiction in these cases and the applicable statutes. The author concludes with proposals to improve the statutory treatment of the problem and suggests that equity already has the power to provide the relief contained in his statutory proposals.


From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht Oct 1964

From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht

Faculty Scholarship

On June 17, 1960, twelve Negro college students entered a restaurant in Baltimore, Maryland. The manager approached and informed them of the restaurant's policy not to serve Negroes. Disregarding the manager, the young men sat down at tables and waited for service. The manager again asked them to leave, but they remained quietly seated. A police officer was summoned and, in his presence, the manager requested the Negroes to leave. They refused to answer and remained in their places. Thereupon they were arrested and indicted under a Maryland statute which, as interpreted by the Maryland Court of Appeals, made it …


Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard Jun 1964

Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard

Michigan Law Review

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …


Restitution - 1963 Tennessee Survey, J. Brad Reed Jun 1964

Restitution - 1963 Tennessee Survey, J. Brad Reed

Vanderbilt Law Review

Constructive trusts are related to the field of trusts in somewhat the same way that quasi-contracts are today related to the field of contracts-in misnomer only. A judicial declaration of a constructive trust means simply that the holder of legal title to the property affected, must convey it to the person for whose benefit the constructive trust is declared.' The primary efficacy of this equitable remedy is that it gives the successful complainant a preference over all the defendant's creditors; its theory is not that the complainant is trying to reach the defendant's property, but rather that the property which …


An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth Jan 1964

An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth

Villanova Law Review (1956 - )

No abstract provided.


Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean Jan 1964

Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean

Villanova Law Review (1956 - )

No abstract provided.


Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer Jan 1964

Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer

Villanova Law Review (1956 - )

No abstract provided.


Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross Jan 1964

Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross

Villanova Law Review (1956 - )

No abstract provided.


Marketable Title In Pennsylvania, Conrad J. Desantis Jan 1964

Marketable Title In Pennsylvania, Conrad J. Desantis

Villanova Law Review (1956 - )

No abstract provided.


Wills--Devise Of Specific Portion Of Property Held In Contenancy, Richard Marion Alker Dec 1963

Wills--Devise Of Specific Portion Of Property Held In Contenancy, Richard Marion Alker

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Boyd Lee Warner Ii Dec 1963

Abstracts Of Recent Cases, Boyd Lee Warner Ii

West Virginia Law Review

No abstract provided.


The Capital Gains "Holding" Dilemma, Allen Sultan Jun 1963

The Capital Gains "Holding" Dilemma, Allen Sultan

Vanderbilt Law Review

An important question under the capital gains provisions of the revenue laws is the meaning of the term "hold." The author studies judicial concepts of "holding" and concludes that inconsistencies have been introduced by judicial reaction to changing concepts of property. Noting that past legislative attempts to remedy the situation have been fruitless, he issues a call for "enlightened" congressional action.


Abstracts Of Recent Cases, Frank Thomas Graff Jr. Apr 1963

Abstracts Of Recent Cases, Frank Thomas Graff Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert Jan 1963

Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert

William & Mary Law Review

No abstract provided.


Comments, Various Editors Jan 1963

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Abstracts Of Recent Cases, William Erwin Barr Apr 1962

Abstracts Of Recent Cases, William Erwin Barr

West Virginia Law Review

No abstract provided.


Constitutional Law - Limitation Of Powers Of State Improvement Agencies, Joseph F. Phillips Mar 1962

Constitutional Law - Limitation Of Powers Of State Improvement Agencies, Joseph F. Phillips

William & Mary Law Review

No abstract provided.


A Surviving Oddity: The Inter Vivos Branch Of The Doctrine Of Worthier, Charles Harold Haden Ii Feb 1961

A Surviving Oddity: The Inter Vivos Branch Of The Doctrine Of Worthier, Charles Harold Haden Ii

West Virginia Law Review

The scope of this writing is to examine the status of the doctrine of worthier title in relation to inter vivos conveyances of real and personal property in West Virginia. This, it is believed, should be of importance both to the general practitioner engaged in frequent conveyances of real property and in certification of titles, and also to the estate planner who chooses the trust deed as a vehicle of partial or complete disposition of a client's possessions.