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Real Estate & Property Law

PropertyProf Blog

By D. Benjamin Barros and Alfred L. Brophy et al.

Post Frequency: 12.4/day

Last Entry: March 31, 2011 at 11:58:57

Orth's Reappraisals in the Law of Property

Posted on August 25, 2010
John Orth's charming and insightful Reappraisals in the Law of Property has just appeared in Robin Paul Malloy's "Law, Property, and Society" series. The book collects a series of Orth's essays, many of which have appeared in the Green Bag....

Rental Safety Inspections

Posted on August 25, 2010
The fellows over at the Daily Dish have highlighted the issue of rental safety inspections: In the last two towns where I have lived (Burlington, VT and State College, PA) both had local laws requiring that rental units had to...

ALPS Meeting Registration is Open

Posted on August 24, 2010
This year's Association for Law, Property, and Society annual meeting will be held on March 4-5, 2011, at Georgetown Law School. Registration is now open at the ALPS website. Last year's meeting was great, and I hope that many of...

When Neighbors Attack

Posted on August 24, 2010
A lime-green paint-job raises questions about neighborliness, nuisance, self-help, and strong property rights. Steve Clowney

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Bed Bugs -- Ick!

Posted on August 19, 2010
I love the Diane Rehm show, but I just listened to a very disturbing installment regarding bed bugs. Apparently they are on the rise, particularly in New York City, although several people called in from Cincy, Kansas City, and other...

Pierson v. Post Overturned!

Posted on August 19, 2010
Hot off the press from LawForAttorneys.Com: In what can be billed as one of the most surprising decisions handed down in recent memory, the ruling in Pierson v. Post, one of the nation?s oldest property-law cases, was reversed this week...

The Experiment Begins . . .

Posted on August 19, 2010
Well, I'm back from my last bit of vacation, and begin teaching Property I to my new group of 1ls tomorrow. As I wrote earlier in the summer, this year I want to put more emphasis on the political economy...

One good parking post deserves another

Posted on August 17, 2010
Tanya's comment on my last post raised the question, "Should governments subsidize more vertical parking structures to encourage more density?" Well, maybe if they looked like the structures below. The top ten most beautiful parking garages in the world: 10...

The $31,000 Parking Space?

Posted on August 16, 2010
In the NY Times, Tyler Cowen takes on the high cost of subsidized parking. Money quote: The subsidies are largely invisible to drivers who park their cars ? and thus free or cheap parking spaces feel like natural outcomes of...

Limiting confinement feeding operations

Posted on August 13, 2010
Its state fair time, for those of us lucky enough to live in a state with a strong state fair tradition. For many of us, attending the state fair may be the closest we ever get to the animals who...

Take the Cannoli

Posted on August 11, 2010
Gerard Magliocca sees the Godfather through a property lens. Steve Clowney

Please Suggest A Note Topic

Posted on August 11, 2010
Cross-posted from thefacultylounge.... Well, it's time for that annual ritual: the visits to faculty offices by students looking for a note topic. Many congratulations to you all on making whatever review. It's going to be a lot of work and...

A Place to Call Your Own

Posted on August 10, 2010
I am, to say the least, rather particular about where I write. It has always seemed self-evident that good writing only happens in spaces that are cramped, quiet, filled with places to stack papers, and rather dark. I am continually...

End Community Property?

Posted on August 06, 2010
I'm back form the SEALS boondoggle law conference in Palm Beach, where I attended an engaging discussion on "The Continued Vitality of the Community Property Regime." Panelists Terry Turnipseed and Thomas Oldham made the case that law professors should continue...

The Music-Copyright Enforcers

Posted on August 06, 2010
This week's New York Times Magazine has a fascinating article about the business of enforcing music copyright. The author travels with a BMI employee, Devon Baker, as she knocks on the doors of dozens of bars and restaurants to inform...

Uniform Partition of Heirs Property Act

Posted on August 05, 2010
Thanks to a post by Kathleen Bergin at the Faculty Lounge, I see that NCCUSL has approved the Uniform Partition of Heirs Property Act. I haven't had a chance to read it yet, but it might make sense to incorporate...

Slave Plantation in Maryland

Posted on August 03, 2010
The New York Times has an excellent article on the plantation where Frederick Douglas lived--there is even some cemetery talk in the article. Alfred Brophy

Echeverria on Stop the Beach Renourishment: Why the Judiciary is Different

Posted on August 02, 2010
John D. Echeverria (Vermont Law School) has posted Stop the Beach Renourishment: Why the Judiciary is Different on SSRN. Here's the abstract: This essay, one of a collection of essays on Stop the Beach Renourishment v. Florida Department of Environmental...

What would you save if your house were on fire?

Posted on August 01, 2010
I am at the tail-end of packing up our house to move to Winston-Salem. The truck comes on Tuesday! For days, I have been categorizing my personal property into: (i) stuff we're taking; (ii) stuff that we don't need or...

Losing faith

Posted on July 31, 2010
It seems to me the so-called 'mosque at ground zero' controversy is a story about losing faith which, ironically, is causing me to lose faith. I'll try to explain. As background: a Muslim group has proposed building a center --...

Martha Stewart Bakes a CC&R

Posted on July 30, 2010
America's most unusual planned communities... Steve Clowney

Pomeroy on Surprise Liens on Real Property

Posted on July 27, 2010
Chad J. Pomeroy (Fabian & Clendenin, P.C.) has posted Ending Surprise Liens on Real Property on SSRN. Here's the abstract: Academics, law makers, and the general public have long believed that "secret liens" are problematic. In real property, these are...

Jones on Property and Personhood

Posted on July 26, 2010
Jeff Jones (Lewis & Clark) has posted Property and Personhood Revisited on SSRN. Here's the abstract: Almost thirty years have passed since publication of Margaret Jane Radin?s seminal work, Property and Personhood, in Stanford Law Review. Since publication, the article...

The Strange Quasi-Property Status of Corpses.

Posted on July 25, 2010
I'm working on an article about cemeteries, which has led me down several tangential paths. One of the most obvious is the law's treatment of human remains. Pretty interesting stuff. Although at common law there is no express property right...

Freak Out Day? Holy @#$% Day?

Posted on July 21, 2010
We need a name for that day, during the summer, when you suddenly realize that the new semester is bearing down upon you, and you've accomplished approximately 5-10% of everything you swore you'd get done this summer, for sure, not...

Lehavi on Property Rights in an Era of Global Finance

Posted on July 17, 2010
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted Property Rights in an Era of Global Finance on SSRN. Here's the abstract: This chapter for the Encyclopedia of Financial Globalization studies the unique challenges of property rights...

Farber on Owning Up to the Environment

Posted on July 17, 2010
Daniel A. Farber (UC Berekely) has posted Owning Up to the Environment on SSRN. Here's the abstract: This essay argues that, rather than being a constitutional bulwark against environmental regulation, certain kinds of property rights can actually ease constitutional barriers...

Christie on Beachfront Property

Posted on July 16, 2010
Donna R. Christie (Florida State) has posted Of Beaches, Boundaries and SOBs on SSRN. Here's the abstract: As sandy beach property has become more scarce and more expensive, the controversies between upland owners and public users of the beach have...

Hauser on Home Mortgage Modification in Bankruptcy

Posted on July 16, 2010
Susan E. Hauser (North Carolina Central University - School of Law) has posted Cutting the Gordian Knot: The Case for Allowing Modification of Home Mortgages in Bankruptcy on SSRN. Here's the abstract: More than 5 million mortgages have gone into...

Saxer on Property Rights in Water.

Posted on July 15, 2010
Shelley Ross Saxer (Pepperdine) has posted The Fluid Nature of Property Rights in Water on SSRN. Pun presumably intended. Here's the abstract: In this article, Professor Saxer discusses how the understanding of private and public rights in water influences the...

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