Property Law and Real Estate Commons^™

Landlord's Failure To Act After Giving Notice To Quit

Washington and Lee Law Review

No abstract provided.

Taxation-Federal Estate Tax-Inference Of Retained Life Interest Under Section 2036(A), Donald E. Vacin

Michigan Law Review

In 1936 decedent established an irrevocable trust naming herself and relatives as beneficiaries. The corporate trustees were directed to pay the trust income, in the exercise of their absolute discretion, either to the settlor or to the other beneficiaries. In filing her 1936 federal gift tax return settlor attempted unsuccessfully to exclude the value of a life estate in the trust income, allegedly retained by her. At her death, the value of the trust corpus was not included in her estate tax return. The Commissioner assessed a deficiency contending that decedent-settlor had retained for her life the "possession or enjoyment" …

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

William & Mary Law Review

No abstract provided.

Property - Multiple Ownership Of Apartment Buildings - Establishment Of Horizontal Property Regimes, Larry W. Waggoner

Michigan Law Review

The states of Arkansas and Hawaii have enacted legislation allowing the owner of a building, upon recordation of a master deed, to establish that building as a horizontal property regime, thereby permitting the owner to convey individual apartments in the building as if each were entirely independent of the remainder of the building. The purchaser of one of these apartments is constituted a "co-owner" and may record his deed. Each co-owner has an exclusive right to possession of his apartment and a right to a share, with the other co-owners, in those parts of the building that the statutes designate …

Reforming The Law-The Rule Against Perpetuities, Laurence M. Jones

Maryland Law Review

No abstract provided.

Landlord's Control Of Leased Premises, Albert G. Schleicher

Cleveland State Law Review

Where the landlord has retained possession and control of a part of the demised premises, he may be liable to the tenant or one in the right of the tenant for failure to exercise ordinary care to keep that part of the premises over which he has retained possession and control in a reasonably safe condition. The problem arises over what portion of the premises the landlord has retained possession and control, especially when the lease contains no provision on this subject. A review of the principles and a sampling of various fact situations involving possession and control of the …

Mortgage Theory Of Ohio, James Jay Brown

Cleveland State Law Review

It will be the function of this paper to explore the theory of the real estate mortgage as it is being used in the confused state of Ohio. The theories will be identified and defined. From this academic introduction, practical uses of the theories will be suggested. This will be followed by an analysis of Ohio case decisions since 1929. The conclusion of this analysis will be a determination of whether the state has been consistent in its reasoning and theory.

Landlord's Control Of Leased Premises, Albert G. Schleicher

Cleveland State Law Review

Where the landlord has retained possession and control of a part of the demised premises, he may be liable to the tenant or one in the right of the tenant for failure to exercise ordinary care to keep that part of the premises over which he has retained possession and control in a reasonably safe condition. The problem arises over what portion of the premises the landlord has retained possession and control, especially when the lease contains no provision on this subject. A review of the principles and a sampling of various fact situations involving possession and control of the …

Navigational Servitude: An Old Concept With A New Limitation, Robert D. Stein

Buffalo Law Review

United States v. Virginia Electric and Power Co., 365 U.S. 624 (1961).

Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler

Michigan Law Review

A Review of AN INTRODUCTION TO THE HISTORY OF THE LAND LAW. By A. W. B. Simpson.

Railroad Rights Of Way - Types Of Interests Acquired - Maryland And Pennsylvania Railroad Co. V. Mercantile-Safe Deposit And Trust Co., John O. Dyrud

Maryland Law Review

No abstract provided.

The New Judgment Lien On Lands, Ellsworth Wiltshire

University of Richmond Law Review

The lien of a judgment for money upon real estate of the judgment debtor embodied in Sections 8-386 and 8-390 of the Virginia Code has been radically changed by the Acts of 1960, c. 466 and c. 255 respectively. How these amendments affect the liens of judgments obtained before as well as those obtained after the effective date of the amendments (June 27, 1960) will be considered below.

The Horizontal Property Law Of Kentucky, John K. Skaggs Jr., Charles H. Erwin

Kentucky Law Journal

No abstract provided.

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Property—Decontrol Order Required For Emergency Rent, Peter D. Cook

Buffalo Law Review

New York State Thruway Authority v. Ashley Motor Court, Inc., 10 N.Y.2d 151, 218 N.Y.S.2d 640 (1961); Schulman v. People, 10 N.Y.2d 249, 219 N.Y.S.2d 241 (1961).

Property—Lease Of Incompetent’S Real Property Must Not Be More Than Five Years From The Execution Date, Buffalo Law Review Board

Buffalo Law Review

Saxton v. Hose, 8 N.Y.2d 335, 207 N.Y.S.2d 661 (1960).

Property—Year-Delay Clause In Legislation In Regard To Fixation Of Maximum Rent Constitutional, Louis H. Siegel

Buffalo Law Review

In re Sipal Realty Corp., 8 N.Y.2d 319, 206 N.Y.S.2d 767 (1960).

Property—Miscellaneous Property Cases, Buffalo Law Review Board

Buffalo Law Review

In re Szabo's Estate, 10 N.Y.2d 94, 217 N.Y.S.2d 593 (1961).

Property—Former Owner Of Realty Lacked Standing To Apply For Cancellation Of Tax Sale, Buffalo Law Review Board

Buffalo Law Review

Morlee Sales Corp. v. Manufacturers Trust Co., 9 N.Y.2d 16, 210 N.Y.S.2d 516 (1961).

Property—Statutory Relief For Tenants Of Destroyed Premises Rendered Applicable By Parties' Contrary Agreement, R. D. G.

Buffalo Law Review

I.L.F.Y. Co. v. Temporary State Housing Rent Commission, 10 N.Y.2d 263, 219 N.Y.S.2d 249 (1961).

Property—Stae Acquires Property Rights Without User Or Evidence Of Compensation, Roger V. Barth

Buffalo Law Review

Incres S. S. Co. v. International Maritime Workers Union, 10 N.Y.2d 218, 219 N.Y.S.2d 21 (1961).

Property—Power To Regulate Use Of Property Adjacent To Superhighway Must Be Specifically Conferred, Timothy C. Leixner

Buffalo Law Review

Schillawski v. State, 9 N.Y.2d 235, 213 N.Y.S.2d 68 (1961).

Property—Construction Of A Notice Of Termination In A Lease Of Real Property, Joseph S. Mogavero

Buffalo Law Review

Grimmer v. Gallery, 8 N.Y.2d 369, 208 N.Y.S.2d 945 (1960).

Property—Intervivos Gift Of Stock Requires Transfer Prior To Donor’S Death, Buffalo Law Review Board

Buffalo Law Review

Vernon v. Sarra, Inc., 9 N.Y.2d 94, 211 N.Y.S.2d 180 (1961).

Federal And State Condemnation Proceedings--Procedure And Statutory Background, William E. Miller

Vanderbilt Law Review

The development of our modern and complex society has necessitated a widespread appropriation of private property for public use. The vital importance of present-day eminent domain is emphasized by the staggering proportions of recent and proposed takings in terms of the amount of land appropriated, its monetary value, and the number of individual citizens whose property is affected. In the Middle District of Tennessee alone--of course a small part of the national total-in excess of 700 tracts or parcels of land have been condemned during the past seven and one-half years for various projects, including the Old Hickory Dam and …

Personal Property And Sales -- 1961 Tennessee Survey, James O. Bass, Jr.

Vanderbilt Law Review

The Tennessee courts have heretofore denied recovery in actions for breach of warranty in the absence of privity of contract between the plaintiff and the defendant.' The required privity had not previously been found when a manufacturer was sued by a consumer who purchased from an intermediate dealer. . . .

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Contractual Disclaimer.-In the Dodson case, there was an alter-native holding that the consumer could recover on the theory of an implied warranty of quality or fitness. The significance of such a holding lies in the fact that the express warranty which the court found running from General Motors …

The Real Estate Investment Trust: A New Medium For Investors, A. Overton Durrett

William & Mary Law Review

No abstract provided.

Real Property -- 1961 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

Probably no area of the law is fraught with more confusion than that involving construction of clauses in deeds and wills which impose some restraint on the conduct of grantees or devisees- seemingly not in the best interest of society. Clauses which tend to deter grantees or devisees from marriage or remarriage have constituted a fertile source of litigation for centuries. And though the stated rules of law prohibit and restrict the use of marriage or remarriage as a condition to vest or divest interests in real property, there are very few cases in which the courts in this country …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

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

William & Mary Law Review

No abstract provided.