Property Law and Real Estate Commons^™

Priority Of Liens Between Construction Mortgagee And Mechanic's Lienors; Wayne Building & Loan Of Wooster V. Yarborough, Allan S. Hoffman

Akron Law Review

Ohio follows the generally accepted rule that where there is a mortgage securing future advances such advances create liens only as they are actually made, unless the mortgagee is obligated to make the advances. In the latter case the mortgagee's lien will date from the time of its recording. In addition to this nonstatutory method by which a mortgagee can obtain lien priority, there is a statutory method by which he can do so, namely the procedure provided by § 1311.14 of Ohio Rev. Code. This statute is not new, having been enacted in 1915. However, in 1919 the Ohio …

Standing Of Future Residents In Exclusionary Zoning Cases, David H. Moskowitz

Akron Law Review

The purpose of this article is to explore the standing of future residents to bring suit in exclusionary-zoning cases. Exclusionary zoning may be defined as zoning and land-use control practices that have the effect of precluding construction of dwelling units that could house low-income and moderate-income persons either by direct exclusion or by raising the price of access.1 An example of direct exclusion would be the imposition of restrictions upon the number of bedrooms in apartment units, which would have the direct effect of excluding large families. An example of indirect exclusion would be the effect of zoning upon land …

The Mobile Home And The Law, Marvin M. Moore

Akron Law Review

In the past decade, house trailers have dramatically increased their share of the housing market in the United States….The manner in which mobile homes are dealt with under our zoning laws is therefore a matter of some importance. Surprisingly, comparatively little has been written regarding the zoning of mobile homes and trailer parks. The purpose of this article is to lessen this deficiency. The writer proposes to examine the subject by considering the following aspects of mobile home regulation: the need for mobile homes or a similar type of housing; the objectionable features of house trailers and trailer parks; the …

Ohio Residential Landlord Tenant Act, Robert J. Croyle

Akron Law Review

The new Ohio Landlord-Tenant Act is the legislature's attempt at correcting the imbalance between landlord and tenant. This new law is Ohio's unique adaptation of the Uniform Residential Landlord and Tenant Act. The thrust of the new act is to abrogate the Ohio common law of caveat emptor and independent covenants and reinterpret residential leases in light of modem contract law.

The purpose of this article is to acquaint the reader with the newly defined rights, duties and remedies of the landlord and the tenant. Analysis will be placed on: (1) Ohio case law prior to the act; (2) similar …

Legal Problems Confronting The Effective Creation And Administration Of New Towns In The United States, Richard W. Hemingway

Akron Law Review

IT MAY SEEM a startling statistic to some that the population in the United States is increasing at the rate of some three hundred thousand people per month.' Stated more dramatically, this increase is equal in size to the addition, during a year, of twelve cities the size of Toledo, Ohio, or, in a decade, of ten cities the size of Detroit, Michigan. On a world basis the growth is even more startling.

Legal Problems Confronting The Effective Creation And Administration Of New Towns In The United States, Richard W. Hemingway

Akron Law Review

IT MAY SEEM a startling statistic to some that the population in the United States is increasing at the rate of some three hundred thousand people per month.' Stated more dramatically, this increase is equal in size to the addition, during a year, of twelve cities the size of Toledo, Ohio, or, in a decade, of ten cities the size of Detroit, Michigan. On a world basis the growth is even more startling.

Mandatory Referendum For Zoning Amendments; Unlawful Delegation Of Legislative Power; Denial Of Due Process; Forest City Enterprises, Inc. V. Eastlake, Jane E. Bond

Akron Law Review

IN 1971 FOREST CITY ENTERPRISES applied to the Planning Commission of Eastlake, Ohio, to rezone its property, an eight-acre parcel of land, from industrial to multi-family high-rise use. After the application was filed, initiative petitions were circulated proposing the adoption of an amendment to the Eastlake city charter. The proposed amendment provided for mandatory voter approval' of any ordinance changing the city's existing comprehensive zoning plan. An amendment to this effect was adopted in November, 1971.

Problems Of Groundwater Rights In Ohio, Alan H. Coogan

Akron Law Review

TO A NOVICE IN THE LAW, the problems of groundwater rights seem to straddle awkwardly the physical and social realms. The law-a formal set of rules by which society is ordered-seems to the physical scientist a strangely confusing and confused tool with which to define, even in a social context, the parameters and limits of a physical continuum. For example, on the basis of attorney's briefs, bolstered even by expert testimony, judges have legally defined "subterranean streams"' and erected criteria for recognizing such streams that sound more like the rhetoric of Humpty Dumpty than a description of a body of …

The Measurement Of Damages To Public Property And Interest, Norman Leonard

Akron Law Review

The new concern with measuring damages to public property and interest comes in part from attempts to include such damages in the evaluation of the desirability of constructing private and public projects. Environmental impact statements and land use studies need objective measurement of the consequences flowing from proposed projects. No one method or technique is going to solve the problem of the measurement of impacts, but this article will attempt a partial and limited answer.

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller

Touro Law Review

No abstract provided.

Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School

Brigham-Kanner Property Rights Journal

Defining the Reach of Property

October 30-31, 2014

Panel 1: The Role of the Advocate in Defining Property

Panel 3: Balancing Private Property and Community Rights

Panel 4: Property Rights in Developing and Transitional Countries

Panel 3 Q&A: Discussion on Balancing Private Property and Community Rights

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

Faculty Scholarship

During the housing crisis banks were confronted with a previously unknown number mortgage foreclosures, and even as the height of the crisis has passed lenders are still dealing with a tremendous backlog. Overtime lenders have increasingly engaged third party contractors to assist them in managing these assets. These property management companies — with supposed expertise in the management and preservation of real estate — have taken charge of a large swathe of distressed properties in order to ensure that, during the post-default and pre-foreclosure phases, the property is being adequately preserved and maintained. But in mid-2013 a flurry of articles …

Ohio Usury Laws And The Real Estate Mortgage Lending Market - A Savings Association Viewpoint, Roger A. Yurchuck, James M. Ball

Akron Law Review

Although the concept of usury was unknown at common law, it is of ancient statutory origin. Irrespective of its economic utility to society, usury has become firmly entrenched as an accepted fact of economic life. The concept of usury is easily understandable and lends itself to simple definition. It is, in essence, a prohibition against the taking of an amount for the use of money which is greater than that permitted by law. While the concept itself is simple to grasp, methods of implementing that concept have varied widely from jurisdiction to jurisdiction. Moreover, within many jurisdictions, including Ohio, legislative …

The Private Mortgage Insurance Industry, The Thrift Industry And The Secondary Mortgage Market: Their Interrelationships, Diana G. Browne

Akron Law Review

On the other hand, the existence of the private mortgage insurance industry has facilitated the expansion of the thrift industry and of the secondary mortgage market. Twenty-two years after the formation of the first modern private mortgage insurance company and nine years after the creation of the federally sponsored market in conventional mortgage loans, the growth and success of the three industries can be seen as significantly interrelated.

Alternative Mortgage Instruments In California, Edward S. Washburn

Akron Law Review

Much interest has been generated recently in California and elsewhere in what have been termed alternative mortgage instruments (AMIs). Two separate sets of pressures have been responsible for this. One has been the tremendous increase in the cost of lendable funds requiring constantly higher yield on each lender's overall mortgage portfolio. This has been induced by the inexorable increase in interest rates required to be paid by mortgage lenders in order to obtain lendable funds for home ownership loans, along with unremitting escalation of operating costs. The second pressure has been the persistent escalation of the cost of the conventional …

Apartments And Houses: The Warranty Of Habitability, Walter H.E. Jaeger

Akron Law Review

“The trend towards greater consumer protection so evident in the products liability field is clearly discernible in the sale of new homes by the builder-vendor, and in the leasing of apartments by landlords. Some of the fundamental concepts of real property law, especially those which make no sense in modern society, have been, or are being, overruled and superseded by more enlightened and public policy-minded decisions of both the federal and state courts. It seems safe to predict that the warranty of habitability which governs the sale of new homes by the builder-vendor, adopted by a substantial majority of jurisdictions, …

An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow

Akron Law Review

Ohio sanctioned condominiums in 1963 by enacting the Condominium Property Act. The act addresses five issues: (1) the creation of the condominium form of ownership; (2) the respective interests each unit owner possesses in the common area; (3) the administration of the condominium; (4) the rights of the lienors; and, (5) the removal of the property from the Act's provisions. The Act was amended in 1978 to facilitate consumer protection. This comment will examine the 1978 amendment and evaluate its effectiveness. It will then examine the tax considerations involved in the purchase of a condominium unit.

The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty

Akron Law Review

In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.

The Protection Of Property Rights In Computer Software, Edward W. Rilee

Akron Law Review

During the last decade a number of attempts have been made by the courts in the realm of patent and copyright law to settle the issue of the protection of property rights in computer software. These traditional methods of protection, however, have not been able to assimilate this relatively new technological invention. Likewise, at the start of a new decade, little or no progress towards a comprehensive form of software protection can be detected. This paper will examine the problems associated with using federal patent or copyright law to provide computer software protection and discuss why state trade secret protection …