Property Law and Real Estate Commons^™

Partition Of Oil And Gas Interests And The Effect On Mineral Rights Of Surface Partition, Thomas L. Shaffer

Journal Articles

Interests in oil and gas in place are of three kinds: ownership of minerals independent of surface ownership, royalty interests, and "working" or leasehold interests. All three are forms of property, susceptible of ownership by cotenants, and cotenancies of the first and third categories are at least theoretically open to actions for partition.

Partition of interests in oil and gas raises practical legal difficulties in three areas: (1) How does mineral ownership fit into the statutory partition scheme? (Each of the nation's fifty states has a statute concerning partition of either realty or personalty or both.) (2) How is a …

The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.

University of Richmond Law Review

Very few lawyers in general practice in Virginia have not been consulted at one time or another about the right of a real estate broker to collect a commission on a sale of property consummated directly by the owner or through another broker with a customer found by the first broker. The majority of the disputes of this nature never reach the courts and undoubtedly the great majority of those that do are finally settled at the trial court level. Nevertheless the Virginia reports contain a number of decisions involving such cases, and opposite results have sometimes been reached under …

Dedication Of Streets--Prescription--Rights Of Abutting Property Owners, Robert G. Zweigart

Kentucky Law Journal

No abstract provided.

Real Property--Adverse Possession Of Adjoining Land By A Co-Tenant In Possession Inures To The Benefit Of Co-Tenant Out Of Possession, Allen Prewitt Jr.

Kentucky Law Journal

No abstract provided.

Eminent Domain--Covenant By Grantee To Sell Only Products Of Grantor Is Covenant Running With Land For Which Grantor's Successor Due Compensation, John T. Bondurant

Kentucky Law Journal

No abstract provided.

Provisional Remedies--Claim And Delivery--Priority Of Lien Acquired Subsequent To Seizure Of Property In Claim And Delivery Action, Carl R. Clontz

Kentucky Law Journal

No abstract provided.

Evidence Of Market Value Of Real Property In Eminent Domain Proceedings, John T. Bondurant

Kentucky Law Journal

No abstract provided.

Mines And Minerals--Natural Gas Not Included In Conveyance Of "Minerals", F. L. D. Jr.

West Virginia Law Review

No abstract provided.

Equality And Uniformity In Property Taxes, L. B. S.

West Virginia Law Review

No abstract provided.

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed.

Michigan Law Review

Decedent and his wife held title to certain land as tenants by the entirety. Shortly before decedent's death they jointly incurred an indebtedness of $8000 secured by a mortgage on such land. The proceeds of the loan were used to improve the mortgaged property. After decedent's death his widow, having succeeded to full ownership of the mortgaged land, claimed that she was entitled to contribution from decedent's estate for one-half of the joint mortgage debt upon the property. On the executors' petition for a final distribution decree the lower court denied the widow's right to contribution from the estate. On …

Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed.

Michigan Law Review

Respondent leased a building to South Texas Kitchens, Inc., for a term of five years. The lessee became indebted to petitioner and, being unable to meet this obligation, transferred its business assets and lease to petitioner as security. Petitioner was authorized to manage the business and to apply all proceeds to discharge the indebtedness, the transfer to terminate when the debt was fully paid. Petitioner went into possession of the premises and operated the business for about six months, paying the rent during that period. It then vacated the property and ceased making rental payments. Respondent sued petitioner and the …

Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii

Michigan Law Review

The comment will deal first with three topics, (1) donor's rights against the donee or mistaken transferee, (2) donee's rights against the donor, and (3) rights of an intended donee against the mistaken transferee. This will be followed by a discussion of the problem which arises when the relative rights of more than two parties are involved.

Insurance--1959 Tennessee Survey, William R. Andersen

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

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 …

Personal Property And Sales--1959 Tennessee Survey, Claude E. Bankester

Vanderbilt Law Review

Damage to Chattel in Possession of Mortgagor or Conditional Vendee.--When a chattel is mortgaged or sold pursuant to a conditional sales contract and is subsequently damaged by a third party while in possession of the mortgagor or conditional vendee, it is generally agreed that either party to the chattel mortgage' or conditional sales contract has a sufficient interest in the chattel to allow him to maintain an action against the wrongdoer. In Ellis v. Snell, the court allowed recovery by the mortgagor for the full amount of damage to the'mortgaged automobile, even though he was in default on the mortgage …

Class Gifts: Increase In Class Membership And The Rule Of Convenience, Theodore H. Focht

William & Mary Law Review

No abstract provided.

Book Reviews, Alan R. Bromberg, Albert A. Ehrenzweig, R. W. Fleming, William E. Hogan, David A. Bookstaver, Andrew V. Clements

Journal of Legal Education

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

Real Property, Harry M. Cross

Washington Law Review

Covers the rule of perpetuities in trust dispositions and assessment and taxation of easements.

Real Property, Morton G. Herman

Washington Law Review

Covers cases on easements—rights of nonabutting property owners.

The Broker's Exclusive Listing Contract--Unilateral Or Bilateral, Alfred W. Meyer

West Virginia Law Review

No abstract provided.

Real Property--Rights Of The Remainderman After Sale For Nonpayment Of Life Tenant's Taxes, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Professional Liability Of Abstracters, Thomas G. Roady, Jr.

Vanderbilt Law Review

One of the most vigorous rules in the law of conveyancing is that a vendee of real estate assumes the risk of all defects in title discovered after delivery of the deed. In short, the doctrine of caveat emptor applies with full force to the purchaser and to protect himself as fully as possible he must insist that the transaction proceed in such a manner as to give him recourse against someone should he sustain a loss by reason of the title risk taken or he must proceed in a manner that will eliminate (or at least minimize) the risks …

Loss Of Citizenship -- Statutory Expatriation, David E. Nelson Jr.

Vanderbilt Law Review

There is no provision in the United States Constitution which expressly gives or denies Congress a right to deprive a person of, or prescribe a method whereby a person may lose, his citizenship. Yet in the Nationality Act of 1940 Congress provided for the involuntary expatriation of an American citizen upon the intentional commission of one or more of several specified acts. In 1957 three cases involving this statute reached the Supreme Court of the United States. The constitutionality of the section providing for loss of citizenship by voting in a foreign election was upheld; the one providing for loss …

The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard

Michigan Law Review

Restraints on the legal power of alienation which arise by acts of the parties can be classified into three categories: disabling restraints, forfeiture restraints and promissory restraints. A disabling restraint exists when the property involved is under a direction that it shall not be alienated. A forfeiture restraint exists when the property involved will be forfeited upon alienation of the property by the conveyee. A promissory restraint exists when the conveyee has promised not to alienate the property; it may arise out of a covenant either in the conveyance itself or in a separate contract.

Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson

Michigan Law Review

Defendant, a licensed real estate broker, represented that he was exclusive agent for the sale of 72 acres of property. Plaintiff made him an offer to purchase at $4,000 per acre, but was later informed by defendant that the owner had rejected the offer, insisting on at least $5,000 per acre. Plaintiff then submitted an offer of $5,000 per acre, which defendant subsequently indicated that the owner had accepted. The deal was consummated with most of the papers handled through a third party employee of defendant. Plaintiff subsequently learned that defendant had never been the agent of the owner, had …

Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.

Michigan Law Review

Plaintiff corporation leased its entire railroad property under a long-term lease subject to termination at the election of either party, or by breach of die lessee. The lessee agreed to preserve, replace, renew and maintain the property during the term and to return it upon termination "in at least as good condition as at the beginning of the term." Plaintiff, on the other hand, agreed to reimburse the lessee for all additions and betterments to the property which passed to him upon termination. The government disallowed plaintiff's claim for a tax refund based on its right to allow for depreciation, …

Tax Consequences Of Joint Ownership Of Property, Charles B. Stacy

West Virginia Law Review

The almost overwhelming trend in recent years toward the use of various forms of joint ownership of property, particularly by husband and wife, is indicative of a widespread failure to realize all the implications of such title-holding devices. A companion article has outlined the general legal attributes of the common forms of joint ownership. However, because the growth in the use of joint tenancy and its kindred has coincided with an increase in the impact of income and death taxes, it has become important also to understand the results of employing these devices in the context of taxation. It is …

Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.

Michigan Law Review

This comment will explore the existing variations in four commonly encountered areas: joint interests with rights of survivorship, contingent remainder interests, powers of appointment, and life insurance proceeds. Emphasis will also be placed on treatment accorded the surviving spouse and children and the implicit relationship between such treatment and some of the above areas. The essence of this examination will be to inquire whether adoption of an estate tax would be a more suitable vehicle for implementing a local death tax program.