Property Law and Real Estate Commons^™

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …

Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor

Michigan Law Review

The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …

Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed.

Michigan Law Review

Plaintiffs brought this suit in equity to establish their right to an alleged easement acquired by prescription in a joint driveway on the lot line separating their lot from defendants' lot and for injunctive relief restraining defendants from interfering with their use of the driveway. The husband of the common grantor of these lots had erected a house on each lot in 1924 and had constructed a driveway over the eight feet of land between the houses, half of the driveway being on each lot. Each lot was thirty-one feet wide and each had a garage in the rear, defendants' …

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 …

Books Received, Law Review Staff

Vanderbilt Law Review

CHARLES EVANS HUGHES AND THE SUPREME COURT

By Samuel Hendel

New York: King's Crown Press, 1951. Pp. 337

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DUE PROCESSES OF LAW

By Virginia Wood

Baton Rouge: Louisiana State University Press, 1951. Pp. 436. $6.00.

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LEGAL AID IN THE UNITED STATES

By Emery A. Brownell

Rochester: The Lawyers Co-operative Publishing Co., 1951. Pp. 333. $4.50.

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LEVIATHAN AND NATURAL LAW

By F. Lyman Windolph

Princeton: Princeton University Press, 1951. Pp. 147. $2.50.

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OIL AND LAW

Articles reprinted from the Texas Law Review

Austin:Texas Law Review, 1951. Pp. 1736. Bound copies $15.00, unbound copies $12.00.

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PRICE POLICIES …

Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson

Michigan Law Review

Plaintiffs claimed an easement by implied grant in a driveway situated wholly on defendants' land, but directly adjoining the land of plaintiffs. The driveway had been constructed at a time when both pieces of property were owned by X. X had conveyed part of the land to plaintiffs' remote grantor, and three months later had conveyed the adjoining portion, including the driveway, to defendants' remote grantor. The driveway had fallen into disrepair and at the time of the action was in such a depreciated state as to be practically useless. On the opposite side of plaintiffs' house there was …

Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble

Michigan Law Review

Plaintiff, seeking employment, came onto the site of a road construction project under defendant's control as general contractor and posted by him with notices of construction and against trespassing. Plaintiff was struck by a materials truck backing, without lookout or warning, over the completed half of the road. On these facts the jury found that the truck was negligently operated and plaintiff prevailed. On appeal, held, affirmed. A contractor owes a duty of ordinary care to licensees in a case of "active," as distinguished from "passive" negligence. Evidence as to the mode of operating the truck and "likelihood" of …

Formal Requirements For Creation Of The Oil And Gas Lessee's Interest, William D. Warren

Vanderbilt Law Review

The practice of the courts of employing almost as many varying and contradictory descriptions of the nature of the lessee's interest under the usual oil and gas lease as there are petroleum producing states has a historical origin which is clearly traceable. In the latter half of the nineteenth century as each of the known oil bearing states was slowly explored and developed for petroleum, it fell the lot of their courts to solve the complicated legal problems arising in this new and unique industry. Equipped with but little accurate scientific knowledge about the physical behavior of oil and gas, …

Terminating Conditions Unlimited In Time

Indiana Law Journal

No abstract provided.

Remedies Of Good Faith Occupier Who Has Improved Land--In Kentucky, Robert F. Stephens

Kentucky Law Journal

No abstract provided.

The Validity Of The Gift Over In Kentucky Determined Through Construction Of Estate In First Taker, Norma D. Boster

Kentucky Law Journal

No abstract provided.

The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne

Cleveland State Law Review

The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …

Realidades De La Propiedad Urbana En Cuba, Juan Tejada Y Sáinz

Mario Diaz Cruz Pamphlets

Un estudio estadístico y razonado de los efectos de las congelaciones de alquileres y el derecho de permanencia sobre los ingresos del Estado y el municipio, la población trabajadora, el comercio, el tránsito, el urbanismo y el propietario.

Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson

Michigan Law Review

Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …

Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.

Michigan Law Review

A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics' lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics' lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158.

Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.

Michigan Law Review

Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …

Book Review. The Law Of Real Property, Vol. Iii By Richard R. Powell, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

Implied Easements Of Necessity Contrasted With Those Based On Quasi-Elements, Ernest W. Rivers

Kentucky Law Journal

No abstract provided.

Eviction Under A Covenant Of General Warranty In Kentucky, James C. Blair

Kentucky Law Journal

No abstract provided.

Direct Restraints On Alienation In Kentucky, Charles R. Gromley

Kentucky Law Journal

No abstract provided.

Creation Of Joint Tenancy By Conveyance Of Tenants In Common To Themselves, William Rice

Kentucky Law Journal

No abstract provided.

The New Real Estate License Law, H. Bemis Lawrence

Kentucky Law Journal

No abstract provided.

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 …

Public Use, Public Policy And Recent Developments In The Law Of Eminent Domain, Morree Levine

Buffalo Law Review

No abstract provided.

Depreciation Of Improved Real Property In Trust Estates, Thomas J. Kelly, John G. Wick

Buffalo Law Review

No abstract provided.

Adverse Possession-Effect Of Severance Of Minerals After Adverse Possession Commenced, R. L. H. Jr.

West Virginia Law Review

No abstract provided.

Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey

West Virginia Law Review

No abstract provided.

Deeds--Recital Of Consideration--Applicable Statute, C. H. B.

West Virginia Law Review

No abstract provided.

Landlord And Tenant, Henry S. Barnes

Mercer Law Review

Despite the fact that during the year under consideration the courts have had to deal with run-of-the-mine cases, several interesting problems have been considered. It is the purpose of this article to discuss very briefly those cases which indicate the trend of the law in this field.

Where a vendor conveys land to a purchaser who intends to use the premises for a known purpose and, at the same time, orally agrees not to use adjoining retained land for the same purpose, he creates a restriction on the use of the retained land that equity will enforce against him. or …

Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson

West Virginia Law Review

No abstract provided.