Property Law and Real Estate Commons^™

Is “Touch And Concern” Dead In Arkansas?: A Recent Case And Its Implications For Real Covenants, Bennett J. Waddell

Arkansas Law Review

Real covenants occupy a doctrinal abyss within property law. The subject perpetually frustrates first-year law students and legal scholars alike, as they confront concepts that appear esoteric and even anachronistic. Naturally, the criticism has been sharp, with commentators quipping that the field “is an unspeakable quagmire,” a “formidable wilderness,” and plainly “ridiculous.”

Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris

University of Cincinnati Law Review

No abstract provided.

Note: City Of Oakland V. Wells Fargo Co.: Examining The Proximate Cause Standard Under The Fair Housing Act, Ava Lau-Silveira

Golden Gate University Law Review

The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping “everyone attain the American dream of home ownership.” In 1999, the “Fannie Mae” made subprime mortgage loans readily accessible to those who normally would not qualify. People in Oakland, who “used to find it difficult to obtain mortgages,” were suddenly able to obtain mortgage loans, but with subprime terms, which started with low monthly payments, but would increase based on changes in the market interest rates. By 2008, subprime borrowers began defaulting on their loans at an unprecedented rate.

During the 2008 mortgage …

Essential Property, Timothy M. Mulvaney, Joseph William Singer

Faculty Scholarship

For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people in poverty as morally suspect. This Article advances a counterview in contending that the widespread lack of essential resources did not simply arise naturally via individuals’ life choices but instead has been, in very meaningful part, created and perpetuated by our system of property laws.

The …

The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang

Research Collection Lee Kong Chian School Of Business

This paper examines the impact of fiduciary duties on collective asset sales in the case of owners acting as delegates for other owners, thereby potentially inducing conflicts of interests. Our identification strategy exploits a unique legal shock in Singapore, which established fiduciary duties in those transactions in the real estate market known colloquially as en bloc sales. The imposition of fiduciary duties caused the price premium of units sold via en bloc sales to increase over units ineligible for en bloc sale, as well as over units that, although eligible for en bloc sale, are sold individually. In addition, this …

On The Rightful Deprivation Of Rights, Frederick Schauer

Notre Dame Law Review

When people are deprived of their property rights so that the state can build a highway, a school, or a hospital, they are typically compensated through what is commonly referred to as “takings” doctrine. But when people are deprived of their free speech rights because of a clear and present danger, or deprived of their equal protection, due process, or free exercise rights because of a “compelling” governmental interest, they typically get nothing. Why this is so, and whether it should be so, is the puzzle that motivates this Article. Drawing on the philosophical literature on conflicts of rights and …

Real Property, Erica L. Burchell

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2021 and May 31, 2022. The 2021 Calendar year saw interest rates on a fixed-rate thirty-year mortgage hover at or around roughly 3%—oftentimes actually being below 3%. Since the beginning of 2022, those rates have continued on a nearly steady climb, with the average rate for a thirty-year fixed-rate mortgage for the week of May 26, 2022, clocking in at over 5%, a staggering difference from the year before. Rising interest rates have likely cooled demand for refinances. Nationally, while 2022 is showing a decline in new purchase …

Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten

SLU Law Journal Online

Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.

Recent Amendments To The Interim Real Estate Registery Of The Emirate Of Dubai (Its Effects On The Legal Characterization In Off Plan Sale Contracts, Yassir Aliftaihat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research discusses the regulations of selling off plan real estate units as stated on the Emirate of Dubai by the legislator who has regulated and imposed the subsequent amendments to the law in order to face the most significant challenge in the field of real estate development in the Emirate of Dubai, where distinguishes the real estate investment, gives the Private Real Estate Developer a board scope whether is local or foreign and attracts purchasers, investors, and foreigners. Therefore, a new concept of the real estate legislation has established to achieve two basic aims: the first aim is to …

The Right To Recover Property Sold At Public Auction Under The Jordanian Law, Osayed Thneibat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Bureau for the Interpretation of Laws adaptation of the right to recover the real property as an abolishing clause in the judicial sale of the property leads us to examine the impacts of this right in both stages that this clause applied on، the suspending stage and affirmed stage of the clause. In this regard، we found that the right to recover in the suspending stage tied with a legal restriction burden on whom be remitted the right not to dispose of the recovered property neither by swapping، donation، mortgaging or parcelling (demarcation). Therefore، we examine the impact of …

Regulations For The Termination Of The Real Estate Contract Sell On The Blueprint Unilaterally: A Comparative Study Of The Law Regulating The Initial Real Estate Registry In The Emirate Of Dubai, Ali Hadi Alobeidi Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The contract for the sale of real estate on the map shall mean the contract whereby real estate units classified on the map or in the process of being constructed or not completed shall be sold. This contract is a necessary contract and, according to general rules, it is assumed that neither party can terminate it voluntarily without consent or litigation. However, Article (11) of the law regulating the initial land registry in the Emirate of Dubai granted the real estate developer the right to terminate the sales contract concluded with the buyer without consent or litigation when the buyer …

Balancing Testator Freedom With Reproductive Rights In A Post-Dobbs Illinois, Mary Webb

SLU Law Journal Online

When creating a trust, a grantor may attach conditions that beneficiaries must meet before receiving an inheritance. Some conditions can become so restrictive that they contravene public policy and are unenforceable by courts. In this article, Mary Webb balances Illinois public policy on testamentary and reproductive freedom to determine whether an Illinois court would uphold a beneficiary restriction clause that restricts a beneficiary's reproductive rights.

Remedying The Immortal: The Doctrine Of Accession And Patented Human Cell Lines, Julia E. Fissore-O'Leary

Notre Dame Law Review

Importantly, though this Note employs Henrietta Lacks as the illustrative, paradigmatic case for the theory of accession it proposes, accession can be, and should be, broadly construed to apply to all like-situated patients. Part I of this Note briefly explains the timeless human-body-as-property debate. Next, Part II addresses the concept of accession—its theoretical underpinnings, definitions, and amenability to this and other lawsuits. Part III applies accession to HeLa and develops a methodology for calculating damages in this unique setting. This Note does not pretend to present a perfectly wrought formula. Instead, it offers several possibilities for determining compensation. Finally, …

The Realities Of Takings Litigation, Dave Owen

BYU Law Review

This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States' …

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.

Federal Historic Preservation's "Place" In Property Theory, Sam W. Gieryn

Pace Environmental Law Review

Progressive Property Theory scholars often point to historic preservation as an example of how property, itself, imposes an obligatory use. A historic structure’s public benefit justifies restrictions in available uses. To date, however, Progressive Property Theory has considered historic preservation only as it is applied in state and local regimes, forgoing an analysis of the federal structure under the National Historic Preservation Act. This article establishes a synergy between the underlying principles of Progressive Property Theory and federal historic preservation and suggests that federal historic preservation’s identification and incentivization structures model a process that could move Progressive Property Theory toward …

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield

Indiana Law Journal

Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.

NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …

Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy

Washington Law Review

The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, …

Data Types, Data Doubts & Data Trusts, João Marinotti

Articles by Maurer Faculty

Data is not monolithic. Nonetheless, the word is frequently used indiscriminately—in reference to a number of distinct concepts. It may refer to information writ large, or specifically to personally identifiable information, discrete digital files, trade secrets, and even to sets of AI-generated content. Yet each of these types of “data” requires different governance regimes in commerce, in life, and in law. Despite this diversity, the singular concept of data trusts is promulgated as a solution to our collective data governance problems. Data trusts—meant to cover all of these types of data—are said to promote personal privacy, increase corporate transparency, facilitate …

“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig

Mississippi College Law Review

The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to “affirmatively further” fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has not focused on the impact of zoning and discriminatory land use policies within and around low-income rural and small communities or specifically in the southeastern United States. Scholars have also insufficiently considered the implications of these policies on the duty to “affirmatively further” fair housing.

Racial zoning was …