Property Law and Real Estate Commons^™

Article One Of The Uniform Land Transactions Act: Is Inconsistency With The U.C.C. An Unnecessary Obstacle?, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Problem Areas Concerning Foreign Investment In U.S. Real Estate, John T. Jr. Allen, David B. Olaussen

Northwestern Journal of International Law & Business

Current problems related to foreign investment in real estate have a long and involved history. After a brief historical review, this per- spective will consider present limitations on alien ownership of real es- tate, inconveniences such as disclosure of ownership, and incidental administrative side effects which place the foreign investor in a differ- ent position than a U.S. investor.

The Regulation Of Rental Apartment Conversions, Constance W. Cranch

Fordham Urban Law Journal

This Comment examines the increasing rate of apartment buildings being converted to condominiums and cooperatives. It take a critical look at the the benefits and drawbacks of conversion for both landlords and tenants. Finally, the Comment argues that legislation should be passed in order to ensure that landlords can reap the benefits of conversion while seeing that the hardship on low-income and elderly tenants is mitigated.

Financing Condominiums And Cooperatives, Dale A. Whitman

Faculty Publications

This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …

Condominium Renovation, Amy R. Piro

Fordham Urban Law Journal

As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

Contracts: A Real Estate Contract Made On Sunday Is Unenforceable, John M. Brumbaugh

Maryland Law Review

No abstract provided.

Fraud In Realty Transactions, David S. Lake

Cleveland State Law Review

In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).

Contracts -- 1961 Tennessee Survey (Ii), Paul J. Hartman

Vanderbilt Law Review

Statutes may impose a tax upon the transaction of certain business merely for the purpose of raising revenue, and not with any view of regulating the business itself. Even though such statutes impose a penalty for failure to comply with their provisions, contracts made without paying the requisite tax or obtaining the requisite license generally are not thereby made unenforceable. Of course, the legislature may provide that the failure to comply with a revenue statute will invalidate a bargain. But where, as in the Acuff case, the purpose of the statute is the protection of the public, a bargain made …

Agency -- 1960 Tennessee Survey, Warren A. Seavey

Vanderbilt Law Review

In Richardson v. Snipes' both parties to an exchange of land employed the plaintiff, the contract providing that the defendant would pay no commission unless the transfer was completed. The other party satisfied the conditions imposed by the defendant, who, however, refused to go through with the exchange. The court properly reversed judgment for the defendant; but the result should not have turned upon the finding of bad faith of the defendant, as the court held. The plaintiff had performed his undertaking which was to provide one who would exchange titles and who would have gone through with the transaction …

The Real Estate Broker's Undertaking, William E. Wallace

Vanderbilt Law Review

In earlier articles I have discussed problems dealing with the enunciation and expression of listing agreements, their formal import' and the effect of one important segment of many of the attendant" payment" clauses. The former article concerned itself with the general problem of the relationship existing between a real property owner and his broker, while the latter dealt with the significance of words by which the payment clause of a brokerage agreement was introduced and with the effect of a wrongful default by the landowner. The present article will consider the legal significance of the actual terms employed to designate …

Distinguished, Followed, And Overruled:North Carolina Reconsiders Entiretiesby Partition Deed

Washington and Lee Law Review

No abstract provided.

Annual Survey Of Tennessee Law, Harold Seligman

Vanderbilt Law Review

Of particular significance in this field during the survey year has been the decision of the Supreme Court of Tennessee in Southern Bell Tel. and Tel. Co. v. Tennessee Pub. Serv. Comm'n. Several aspects of administrative law are involved in this holding, including scope of review, evidence to be considered by the court on review, and the rate-making function...

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In Flowers v. Benton County Beer Board, the license of a beer permit holder was revoked by a county beer board due to the holder's plea of guilty to driving an automobile while under the influence of an intoxicant in …

Implied Warranties In The Sale Of Realty - Gilbert Construction Co. V. Gross, Nelson R. Kerr Jr.

Maryland Law Review

No abstract provided.

Restrictive Covenants--Right To Compensation In Eminent Domain Proceedings, R. M.

West Virginia Law Review

No abstract provided.

Book Reviews, Robert J. Lynn, William J. Bowe (Reviewer), Samuel J. Foosaner (Reviewer), Stanley D. Ross (Reviewer)

Vanderbilt Law Review

Handbook on the Law of Future Interests

By Lewis M. Simes

St.Paul, West Publishing Co., 1951. Pp. xv, 495. $8.00

reviewer: Robert J. Lynn

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Tax Savings in Real Estate Transactions

Prepared by Bureau of Analysis, Davenport, Iowa. Chicago: Published under auspices of National Institute of Real Estate Brokers of the National Association of Real Estate Boards, 1951. Pp. 98. $5.00

reviewer: William J. Bowe

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Income Tax Treatment of Life Insurance proceeds and other Tax Articles

By William J. Bowe

Nashville: Vanderbilt University Press,1951. Pp. 90. $2.10

reviewer: Samuel J. Foosaner

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Justice According to Law

By Roscoe Pound …

Assessment Of Certain Classes Of Real Estate Under Depression Conditions, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown

Articles by Maurer Faculty

The purpose of this paper is to examine the method of taxing real estate which is affected by incumbrances-either physical or legal. In particular, it is desired to consider the situation where the incumbrance is a mortgage or otherwise purely for security. And particular consideration is to be given to the propriety of taxing as real estate the interest of a non-resident mortgagee or similar incumbrancer in land within the jurisdiction.

Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning

Kentucky Law Journal

No abstract provided.