Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Land Use Law (1371)
- State and Local Government Law (1324)
- Environmental Law (1120)
- Constitutional Law (1108)
- Natural Resources Law (953)
-
- Administrative Law (769)
- Legislation (754)
- Water Law (748)
- Contracts (727)
- Housing Law (705)
- Oil, Gas, and Mineral Law (664)
- Estates and Trusts (629)
- Legal History (612)
- Social and Behavioral Sciences (612)
- Indigenous, Indian, and Aboriginal Law (588)
- Tax Law (581)
- Law and Society (566)
- Physical Sciences and Mathematics (559)
- Energy and Utilities Law (556)
- Courts (553)
- Environmental Sciences (552)
- Torts (548)
- Law and Economics (545)
- Banking and Finance Law (537)
- Comparative and Foreign Law (529)
- Natural Resources Management and Policy (510)
- Litigation (496)
- International Law (465)
- Institution
-
- University of Michigan Law School (944)
- University of Colorado Law School (552)
- West Virginia University (416)
- William & Mary Law School (353)
- Seattle University School of Law (332)
-
- University of Kentucky (283)
- Vanderbilt University Law School (260)
- Texas A&M University School of Law (256)
- University of Washington School of Law (192)
- Maurer School of Law: Indiana University (190)
- UIC School of Law (183)
- Cornell University Law School (178)
- University of Richmond (156)
- University of Maryland Francis King Carey School of Law (149)
- University at Buffalo School of Law (148)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (144)
- Fordham Law School (142)
- Washington and Lee University School of Law (123)
- Cleveland State University (117)
- Villanova University Charles Widger School of Law (114)
- Yeshiva University, Cardozo School of Law (113)
- St. Mary's University (103)
- Brooklyn Law School (102)
- Columbia Law School (98)
- New York Law School (91)
- Touro University Jacob D. Fuchsberg Law Center (88)
- Maurice A. Deane School of Law at Hofstra University (82)
- University of Oklahoma College of Law (80)
- Chicago-Kent College of Law (79)
- Notre Dame Law School (78)
- Keyword
-
- Property (781)
- Property rights (258)
- Eminent domain (246)
- Property law (223)
- Zoning (172)
-
- Land use (161)
- Real property (150)
- Takings (142)
- United States (136)
- Land (127)
- Property-Personal and Real (126)
- Mortgages (122)
- Private property (122)
- Colorado (112)
- Fifth Amendment (112)
- Real estate (110)
- California (106)
- Property Rights (102)
- Ownership (99)
- Eminent Domain (92)
- Foreclosure (92)
- Housing (91)
- Property Law (90)
- Law (80)
- Leases (78)
- Public lands (77)
- Takings Clause (77)
- Real Estate (75)
- Michigan (73)
- Easements (70)
- Publication Year
- Publication
-
- Michigan Law Review (747)
- West Virginia Law Review (411)
- Faculty Scholarship (353)
- Seattle University Law Review (266)
- Kentucky Law Journal (235)
-
- Texas A&M Journal of Property Law (176)
- Vanderbilt Law Review (173)
- Articles (171)
- Faculty Publications (168)
- Washington Law Review (154)
- UIC Law Review (147)
- Buffalo Law Review (134)
- Indiana Law Journal (130)
- Cornell Law Faculty Publications (123)
- University of Richmond Law Review (122)
- Maryland Law Review (113)
- Nevada Supreme Court Summaries (106)
- Cleveland State Law Review (87)
- William & Mary Law Review (86)
- Hofstra Property Law Journal (82)
- Fordham Urban Law Journal (81)
- Villanova Law Review (1956 - ) (81)
- St. Mary's Law Journal (78)
- Washington and Lee Law Review (73)
- Maine Law Review (68)
- ExpressO (67)
- Scholarly Works (66)
- Touro Law Review (66)
- Publications (62)
- Journal Articles (61)
- Publication Type
- File Type
Articles 8191 - 8220 of 8409
Full-Text Articles in Property Law and Real Estate
Apportionment Of Royalties On Partition Of Premises Subject To An Oil And Gas Lease, J. W. S.
Apportionment Of Royalties On Partition Of Premises Subject To An Oil And Gas Lease, J. W. S.
West Virginia Law Review
No abstract provided.
No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.
No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.
West Virginia Law Review
No abstract provided.
Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard
Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard
West Virginia Law Review
No abstract provided.
Mines And Mining--Construction Of Oil And Gas Lease--What Is A Gas Well
Mines And Mining--Construction Of Oil And Gas Lease--What Is A Gas Well
West Virginia Law Review
No abstract provided.
Specific Performance Of Contract To Release Inchoate Right Of Dower, J. W. S.
Specific Performance Of Contract To Release Inchoate Right Of Dower, J. W. S.
West Virginia Law Review
No abstract provided.
The Content Of Covenants In Leases, Ralph W. Aigler
The Content Of Covenants In Leases, Ralph W. Aigler
Articles
Among the many troublesome problems in law those arising out of "covenants running with the land" are not the least It is quite clear that in order for a covenant to "run" there must be an intimacy of relationship between it and the land, or. more properly, the estate, with which it passes. It is, then, vitally important to consider in each case the subject matter, the content of the covenant, and this matter of relationship.
Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake
Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake
Articles
The interaction of the basic maxim of substantive law, that no man may be deprived of his property without his consent, and the correlative maxim of adjective law, that the courts will give exact compensation for property taken or destroyed, together with the more or less mechanical rules of damages depending upon the form of action used, have in their outcome gone far toward justifying the somewhat grandiloquent utterance of our legal forbears of the seventeenth and eighteenth centuries, that the "Common Law is the perfection of human wisdom." The final stage in this development is shown in the late …
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Articles
In McCullough Realty Co. v. Laemmle Film Service, (Nov. 16, 1917), 165 N. W. 33, the supreme court of Iowa had occasion to pass upon a question which has become increasingly frequent with the spread of prohibition laws, namely, the effect upon the obligation of a tenant to pay rent, of a subsequent law that makes it unlawful for him to use the premises for the purpose for which he leased them. The case before the Iowa court was not one arising out of a lease of premises for saloon purposes, but the question involved was precisely the same, and …
The Citizen Ownership Of Lands, Lyman Chalkley
The Citizen Ownership Of Lands, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Equitable Servitudes In Missouri, George L. Clark
Equitable Servitudes In Missouri, George L. Clark
University of Missouri Bulletin Law Series
Before the decision in Tulk v. Moxhay, a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor. The right thus to control the use of the property in the hands of the promisor can hardly be classified as other than a property right, but since it was enforcible only against …
Equitable Servitudes, George L. Clark
Equitable Servitudes, George L. Clark
Michigan Law Review
Specific performance of restrictions upon property before Tulk v. Moxhay. Before the decision in Tulk v. MoXhay 2 a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor.8 The right thus to control the use of the property in the hands of the promisor can hardly be classified as other …
Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard
Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard
West Virginia Law Review
No abstract provided.
Mines And Mining--Oil And Gas--Division Of Royalty On Lease By Adjoining Landowners
Mines And Mining--Oil And Gas--Division Of Royalty On Lease By Adjoining Landowners
West Virginia Law Review
No abstract provided.
Measure Of Damages For Breach Of Implied Covenants In Oil And Gas Lease To Develop And Protect From Drainage, J. W. S.
West Virginia Law Review
No abstract provided.
Venue In Equity As Depending Upon The Situs Of The Land, L. C.
Venue In Equity As Depending Upon The Situs Of The Land, L. C.
West Virginia Law Review
No abstract provided.
Oil And Gas Leases And The Rule Against Perpetuities, James W. Simonton
Oil And Gas Leases And The Rule Against Perpetuities, James W. Simonton
West Virginia Law Review
No abstract provided.
How A Conditional Limitation Operates, Harold M. Bowman
How A Conditional Limitation Operates, Harold M. Bowman
Michigan Law Review
Whenever, a freehold is limited to take effect upon a contingency which may happen before the regular expiration of the preceding estate of freehold, it takes effect in defeasance of such interest. The executory limitation thus operating cuts off the prior interest abruptly. By the "intrinsic force" of the executory limitation the preceding estate is terminated. The gift over operates to destroy, to divest,' in defeasance of the prior gift. In the words of LORD LANGDALE, Master of the Rolls, in Jackson v. Noble 2 the preceding estate is "defeated by a contingent executory gift over."
Options And The Rule Against Perpetuities, John R. Rood
Options And The Rule Against Perpetuities, John R. Rood
Articles
"The question to be discussed in this article is whether an option to buy property is void by reason of the fact that it may be exercised at a period more remote from the time of its creation than the law of the state permits contingent interest to vest."
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
Articles
The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.
Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson
Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson
University of Missouri Bulletin Law Series
The common law gave to vested remainders many of the qualities of present estates, and most of the questions arising in connection with their transfer have long been free from difficulty. But contingent remainders occupied such a precarious place in the law long after they were first recognized as legal interests, that all questions as to their transferability were approached with exceeding reluctance. The contingent remainderman had only a mere possibility of an estate, and the employment of such a description was in itself sufficient to conjure difficulty, for possibility to the common law lawyer was a dangerous word. A …
Examen Crítico De Las Diversas Teorías Sobre La Posesión, Carlos Jiménez De La Torre
Examen Crítico De Las Diversas Teorías Sobre La Posesión, Carlos Jiménez De La Torre
Cuban Law
Verdadero carácter de la posesión según nuestro derecho
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Rights In Percolating Waters, Ralph W. Aigler
Rights In Percolating Waters, Ralph W. Aigler
Articles
Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …
The Right Of Fishing, Ralph W. Aigler
The Right Of Fishing, Ralph W. Aigler
Articles
While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …
Rights In Percolating Waters, Ralph W. Aigler
Rights In Percolating Waters, Ralph W. Aigler
Articles
Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …
The Right Of Fishing, Ralph W. Aigler
The Right Of Fishing, Ralph W. Aigler
Articles
While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Tax Exemptions Of American Church Property, Carl Zollmann
Tax Exemptions Of American Church Property, Carl Zollmann
Michigan Law Review
The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.