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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

First Circuit's Decision in Vineberg v. Bissonnette

Posted on December 11, 2008
How did I miss this? Last month Judge Selya wrote an opinion affirming a summary judgement award of a painting that Max Stern, an art dealer, was forced by the Nazis to sell at below fair market value in 1937....

Ostrom on Trust in Private and Common Property Experiments

Posted on December 08, 2008
Elinor Ostrom (Indiana - Political Science) has posted Trust in Private and Common Property Experiments on SSRN. Here's the abstract: We report the results from a series of experiments designed to investigate behavior in two settings that are frequently posited...

Ostrom and Hess on Private and Common Property Rights

Posted on December 08, 2008
Elinor Ostrom (Indiana - Political Science) and Charlotte Hess (Indiana) have posted Private and Common Property Rights on SSRN. Here's the abstract: The relative advantages of private property and common property for the efficiency, equity, and sustainability of natural resource...

Davidson on Standardization and Pluralism in Property Law

Posted on December 05, 2008
Nestor M. Davidson (Colorado) has posted Standardization and Pluralism in Property Law on SSRN. Here's the abstract: Property interests evince a near-universal tendency to coalesce into a limited list of mandatory forms, such as the estates in land, servitudes, and...

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Macey, O'Hara and Rosenberg on Applying Broker-Dealer Law to Subprime Mortgages

Posted on December 05, 2008
Jonathan R. Macey (Yale); Maureen O'Hara (Cornell - School of Management) and Gabriel D. Rosenberg (Yale) have posted Helping Law Catch Up to Markets: Applying Broker-Dealer Law to Subprime Mortgages on SSRN. Here's the abstract: Much of the blame for...

Bar-Gill on Subprime Mortgages

Posted on December 05, 2008
Oren Bar-Gill (NYU) has posted The Law, Economics and Psychology of Subprime Mortgage Contracts on SSRN. Here's the abstract: Over 4 million subprime loans were originated in 2006, bringing the total value of outstanding subprime loans over a trillion dollars...

Stealing the Empire State Building

Posted on December 05, 2008
I'm finishing up Property I later this morning with continuing discussion of the recording acts, and couldn't help posting this amazing story. Turns out the NY Daily News "stole" the Empire State Building by filing fake deeds with New York's...

How to Read a Legal Opinion . . . .

Posted on December 02, 2008
Folks have asked where this article can be found. You may locate it at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1160925 Carol N. Brown comments are held for approval so there will be some delay in posting

Landmarks Preservation of Religious Buildings

Posted on December 01, 2008
Along similar lines to the article mentioned in the last post, the Times has an article on some of the issues that arise when a religious building is being considered for landmarks preservation: Houses of worship are among the most...

Preemptive Demolition

Posted on December 01, 2008
The NY Times has an interesting story about the efforts of property owners and developers to destroy or alter a property to avoid landmarks demolition. An excerpt: The strategy has become wearyingly familiar to preservationists. A property owner ? in...

Happy Thanksgiving!

Posted on November 26, 2008
Happy Thanksgiving everyone. A few years ago, I blogged about my conservative, traditional approach to Thanksgiving. I have to confess that, for various family reasons, we are going to a restaurant this year. I may very well get the prime...

How to Read a Legal Opinion . . . .

Posted on November 25, 2008
Professor Orin Kerr has published a nice article that is certainly helpful for first year, first semester law students but that also might be very helpful for disappointed students who are returning for their second semester of their first year....

Penn Central Transportation Company v. New York, Noteworthy Event

Posted on November 24, 2008
Those of us who teach Penn Central Trans., a seminal landmark preservation case, noted the passing last month of Dorothy Miner. Ms. Miner was counsel to the New York City Landmarks Preservation Commission and played a critical role in litigating...

Ziegler on Sustainable Metropolitan Development

Posted on November 22, 2008
Edward H. Ziegler (Denver) sent along his most recent paper, The Case for Megapolitan Growth Management in the 21st Century: Regional Urban Planning and Sustainable Development in the United States (Download ziegler_megapolitan.pdf). Here's the abstract: This article provides an analysis...

Tate on Fedeicommissa and the Theodosian Code

Posted on November 22, 2008
Don't know what Fedeicommissa or the Theodosian Code? Read on! Joshua C. Tate (SMU) has posted Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code on SSRN. Here's the abstract: It has long been known that most of...

Good Facts for a Nuisance Question

Posted on November 22, 2008
If you are looking for really compelling facts for a nuisance law question, there was an interesting story in the NY Times this summer entitled, "An Old Sound in Harlem Draws New Neighbors' Ire." I have attempted to attach the...

Marcilynn Burke -- Recently Tenured at Houston

Posted on November 22, 2008
Please join me in congratulating Marcilynn Burke who received a unanimous vote in favor of tenure on Friday, November 21, 2008 from her colleagues at the University of Houston Law Center. This is a wonderful accomplishment and well-deserved. Carol N....

"House" the television medical drama and race specific drugs

Posted on November 20, 2008
Did anyone see the recent episode of the television medical drama, House, in which the black doctor on Dr. House's team assigned a high blood pressure medicine to an older black male patient after telling the patient something along the...

AALS Real Estate Transactions Section -- Field Trip

Posted on November 20, 2008
The Naval Training Center in San Diego closed in 1995. The city redeveloped this prime location on San Diego Bay as Liberty Station. The development "restores waterfront access to the public for the first time in 80 years, creates new...

Guest Blogger Carol Brown

Posted on November 20, 2008
I'm delighted that Carol Brown (UNC) will be joining us as a guest blogger. Carol, among other things, is Chair-Elect of the AALS Property Section. Welcome, Carol! Ben Barros [Comments are held for approval, so there will be some delay...

Fennell on Adjusting Alienability

Posted on November 19, 2008
Lee Anne Fennell (Chicago) has posted Adjusting Alienability on SSRN. Here's the abstract: In recent years, the right to exclude has dominated property theory, relegating alienability - another of the standard incidents of ownership - to the scholarly shadows...

Montana S. Ct. Resolves Mitchell Slough Dispute

Posted on November 19, 2008
The Montana Supreme Court resolved a long-running water rights dispute, which focused on whether the Mitchell Slough was a natural watercourse: In a case with statewide implications, the Montana Supreme Court ruled Monday that Mitchell Slough is open to recreation...

Malloy on Inclusive Design

Posted on November 19, 2008
Robin Paul Malloy (Syracuse) has posted Inclusion by Design: Accessible Housing and the Mobility Impaired on SSRN. Here's the abstract: In the midst of pervasive national efforts at improving accessibility to public places for people with disabilities, there is no...

Property Section Newsletter/AALS Section Panels

Posted on November 14, 2008
Thanks to Kali Murray, the Secretary of the Property Section, this year's Property Section Newsletter is now available: Download property_newsletter1_nov1.pdf. Among other things, the Newsletter highlights the Section's two panels at the AALS conference in San Diego: First, the Section...

Korngold on the Mortgage Crisis

Posted on November 12, 2008
Gerald Korngold (New York Law School) has posted Legal and Policy Choices in the Aftermath of the Subprime and Mortgage Financing Crisis on SSRN. Here's the abstract: This essay, delivered at a symposium at the University of South Carolina in...

Never Forget The True Owner In Finding Cases

Posted on November 09, 2008
A while ago, we noted a dispute between a contractor and a homeowner about a bunch of 1920s currency found in a wall. Classic finder v. owner of the locus dispute, right? Well, the publicity generated by the dispute brought...

Estate of Panic

Posted on November 08, 2008
Hmm, I'm not quite sure this is high-brow enough for propertyprof. But ... sci-fi channel is bringing us a new original series, "Estate of Panic." According to the sci-fi channel's website: There's no place like this home. Estate of Panic...

Teaching Natural Resources Law in First Year Property

Posted on November 05, 2008
The paper on drilling in the Marcellus Shale mentioned in the previous post is very timely -- I just did a short unit on ownership of water and natural resources in my first-year Property class. This was the first time...

Bollinger on Marcellus Shale

Posted on November 05, 2008
Justin Bollinger has posted Marcellus Shale Exploration & Farmland Preservation in Pennsylvania on SSRN. Here's the abstract: The recent boom in drilling for natural gas in the Marcellus Shale formation, hidden deep below the surface in parts of northern and...

Can't Avoid Stambovsky, Especially On Halloween

Posted on October 31, 2008
As regular readers know, I really don't like Stambovsky v. Ackley, the famed haunted house case. So starting last year, I cut it out of my coverage of real estate transactions in first year property. But many of my students...

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