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Property law

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Articles 211 - 223 of 223

Full-Text Articles in Property Law and Real Estate

Yes, Students, There Is A Marengo Cave -- And You Are There, A. Dan Tarlock Jan 1977

Yes, Students, There Is A Marengo Cave -- And You Are There, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

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The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson Mar 1973

The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson

St. Mary's Law Journal

Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …

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Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara Jan 1973

Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara

Cleveland State Law Review

The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …

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Visitors' Refusal To Leave Premises, Joseph Gibson Jan 1972

Visitors' Refusal To Leave Premises, Joseph Gibson

Cleveland State Law Review

Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …

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Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo Jan 1972

Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo

Cleveland State Law Review

The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …

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Implied Warranty Of Habitability In Leases, Ira O. Kane Jan 1971

Implied Warranty Of Habitability In Leases, Ira O. Kane

Cleveland State Law Review

This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.

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Duty To Light Exterior Of Premises, Ralph J. Rosenthal Jan 1971

Duty To Light Exterior Of Premises, Ralph J. Rosenthal

Cleveland State Law Review

This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …

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Basye: Clearing Land Titles, Allan F. Smith Feb 1954

Basye: Clearing Land Titles, Allan F. Smith

Michigan Law Review

A Review of Clearing Land Titles. By Paul E. Basye.

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Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii Dec 1951

Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii

Vanderbilt Law Review

One of the most technical problems in the field of property law is the manner in which future interests in realty and personalty may be alienated. The term, future interest, is used here to mean a presently existing interest which is deprived of possession but which looks forward to possession in the future. The term is a misnomer. Such an interest is "future" only in the sense that it looks toward becoming possessory in the future. Just as future interests is a law of words, so the alienability of future interests is, in the absence of statute, a law of …

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The Constitutionality Of The New Federal Estate Tax Definition Of A Transfer Taking Effect At Death, Charles L.B. Lowndes Feb 1950

The Constitutionality Of The New Federal Estate Tax Definition Of A Transfer Taking Effect At Death, Charles L.B. Lowndes

Vanderbilt Law Review

The manifest reluctance in recent years on the part of the Supreme Court to declare any provision of the Federal Estate Tax unconstitutional may have given rise to the assumption that there are no constitutional limitations on the transfers which Congress can tax under the estate tax. One of the 1949 amendments to the tax should test the validity of this assumption. In an effort to bring some order out of the chaos stemming immediately from Helvering v. Hallock, and immediately from Spiegel's Estate v. Commissioner, Congress provided recently that a transfer after October 7, 1949, shall be deemed to …

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Replevin Of The Contents Of Safe Deposit Boxes, Beverly Douglas Jr. Jun 1949

Replevin Of The Contents Of Safe Deposit Boxes, Beverly Douglas Jr.

Vanderbilt Law Review

It is often stated that a plaintiff cannot recover in replevin' or detinue unless the defendant is in possession of the disputed goods at the commence- ment of the action. This requirement is fundamentally one of practicality. Since possession of the chattel is the primary object of an action for specific recovery, replevin is inappropriate unless the defendant is in a position to restore this possession to the plaintiff. But one may sometimes be able to put another in possession and have a duty to do so without himself having that combination of physical control and intent which the law …

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Book Review. Bigelow, H. A., Cases On The Law Of Personal Property, Ralph F. Fuchs Jan 1932

Book Review. Bigelow, H. A., Cases On The Law Of Personal Property, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Professor Kales And Common Law Remainders, Joseph W. Bingham May 1907

Professor Kales And Common Law Remainders, Joseph W. Bingham

Michigan Law Review

In an article in Vol. 22 of the Law Quarterly Review, Professor Albert M. Kales presents a reclassification of future interests in land, the salient feature of which is an attempt to overthrow the conventional conception of a contingent remainder as a future estate given, not presently, but on condition precedent, and to substitute an entirely new conception of his own. This effort, by its boldness and novelty commands something more than a mere passing mention. It is my purpose, first to present as briefly as is consistent with clearness what I conceive to be the common law theory of …

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