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Real Estate & Property Law

PropertyProf Blog 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

Recent Entries: 1079

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Integrating Spaces

Posted on January 06, 2011
Over at the Faculty Lounge Al Brophy is dropping the knowledge on his new textbook, Integrating Spaces: Property Law and Race. In his first post, Brophy explains the authors' goals: "We wanted to have some new cases that teach contemporary...


Property in the Pop Culture

Posted on January 05, 2011
With the turning of the year, I'll nominate the Arcade Fire's Sprawl II (Mountains Beyond Mountains) as the best property-themed song of the 2010. Some key lyrics: Cause on the surface the city lights shine, They're calling at me, "come...


Tarlock on Land Use Regulation and Environmental Protection

Posted on January 05, 2011
Dan Tarlock (Chicago-Kent) has posted Land Use Regulation: The Weak Link in Environmental Protection (Washington Law Review). Here's a summary: The regulation of private land use to achieve environmental protection objectives remains the weakest link in modemenvironmental law...


Recent SSRN Downloads

Posted on January 03, 2011
In honor of the beginning of the month, here are the most downloaded property articles over the last 60 days: 1. [499 downloads] Global Climate Governance to Enhance Biodiversity & Well-Being: Integrating Non-State Networks and Public International Law in Tropical...


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B of A settles with Fannie and Freddie

Posted on January 03, 2011
Bank of America announced today that it has settled its outstanding dispute with Fannie Mae and Freddie Mac stemming from sales of faulty subprime mortgages by Countrywide to the two GSEs. Bank of America acquired Countrywide, and therefore the liability...


Detroit in Ruins

Posted on January 02, 2011
Not the most cheerful way to ring in the new year, but the Guardian just published a series of provocative photographs of decaying cultural landmarks in Detroit. A bitter reminder that Detroit's problems started long before the current economic troubles...


Why the East Side of Town is Usually Poor

Posted on December 31, 2010
It has to do with wind and industrial pollution. Steve Clowney [Comments will be held for approval and may be delayed]


Yellin on The Case for a Reliance Interest Associated with Economic Development Takings

Posted on December 31, 2010
David Yellin (Georgetown) has posted Masters of Their Own Eminent Domain: The Case for a Reliance Interest Associated with Economic Development Takings (Georgetown). Here's the abstract: When the Supreme Court, in Kelo v. City of New London, held that economic...


Five Surprising Findings From the US Census

Posted on December 29, 2010
From the Christian Science Monitor. Steve Clowney


Woe Betide Those Who Disregard Property Norms

Posted on December 28, 2010
I spend a great deal of time writing about behavior with regard to property that is legal, but socially unacceptable. But the denizens of South Boston live it. When someone there engages in the legal but socially unaccepable behavior of...


African Farmers Booted Off Land They Thought They Owned

Posted on December 28, 2010
For anyone interested in international property issues, the NY Times reports on a conflict between subsistence farmers in Mali (who unkowningly don't have good title to the land they farm) and international agricultural investors: Across Africa and the developing world,...


Loan Servicers and Modification: the Critical Flaw in Satisfying Our Self-Interest

Posted on December 27, 2010
Since I've been blogging incessantly about the grinding, often needless, sometimes unlawful, disaster that is the foreclosure wave, I was heartened to read in this week's New York Times an article by Gretchen Morgenson that acknowledged both the irrationality of...


Merry Christmas!

Posted on December 25, 2010
Gifts for the libertarian-leaning property profs among you! Also, here. Steve Clowney


End of a Housing Era

Posted on December 23, 2010
On December 9, Annie Ricks and five of her children left the run-down 11th-floor apartment where she has lived for the past 22 years. Ricks and her family were the last residents of Chicago's Cabrini-Green. The Root profiles the closing...


Foreclosures and Unlawful Bank Break-Ins

Posted on December 22, 2010
I apologize for continuing to beat the same drum I've been pounding on for a few months here, but today there is yet more news that management of the foreclosure crisis has gone badly awry. We already know about a...


Pammela Quinn Saunders on the Maine Lobstermen, Common Pool Resources, and Cultural Property

Posted on December 22, 2010
Pammela Quinn Saunders (Drexel) has posted A Sea Change Off the Coast of Maine: Common Pool Resources as Cultural Property (Emory Law Journal). Here's the abstract: The power of small groups to manage common pool resources has been the focus...


An Environmental Justice Bleg

Posted on December 22, 2010
I'm interested in getting more familiar with the literature on environmental justice. Can anyone out there point me toward the "classic" or important articles on the topic? Where's the hidden gold? Thanks, Steve Clowney [Comments will be held for approval...


Spain's Real Estate Collapse

Posted on December 22, 2010
The U.S. wasn't the only place hit hard by the collapse of it's real estate sector. Things in Spain look pretty bleak: The boom and bust of Spain?s property sector is astonishing. Over a decade, land prices rose about 500...


Seasonal Use Zoning

Posted on December 20, 2010
Forty homeowners in Old Lyme, Connecticut have launched a federal lawsuit against a zoning regulation that prevents them from occupying their property on a year-round basis. Currently, the town has zoned their homes for seasonal use only: Friction between town...


Brescia on State Enforcement Actions in the Wake of the Robo-Sign Scandal

Posted on December 19, 2010
Ray Brescia (Albany) has posted an article on SSRN entitled "Leverage: State Enforcement Actions in the Wake of the Robo-Sign Scandal." You can find it here. In the article, Brescia argues that the actions of residential lenders and servicers violate...


Iglesias on Regulation of Affordable Housing

Posted on December 17, 2010
Tim Iglesias (U. San Francisco) has posted State and Local Regulation of Particular Types of Affordable Housing on SSRN. Here's the abstract: This chapter is part of "The Legal Guide to Affordable Housing Development", a practical guidebook covering most important...


Why Republicans Love Zoning

Posted on December 17, 2010
Over at PrawfsBlawg, Rick Hills has a post outlining Governor Christie's attack on the Mt. Laurel doctrine. Hills then discusses why Republicans, who otherwise endorse private property, love local zoning rules. Hills says: I think that there are two ways...


The Coolest Infographic Ever

Posted on December 15, 2010
The New York Times latest feature is, quite simply, a treasure. The paper's computer whiz has taken the data from the Census Bureau's American Community Survey and transformed it into a series of completely searchable and user-friendly maps. It's now...


Using Facebook to Illustrate Land Use Issues?

Posted on December 15, 2010
I admit that I'm a bit of a gamer. I will even admit that I spend time playing Zynga games on Facebook. (You know... FarmVille, Mafia Wars, etc.) And perhaps this just me trying to justify wasting my time harvesting...


The Worst Rental Unit in the World?

Posted on December 15, 2010
In case you're looking for real-life landlord/tenant problems to incorporate into your exam: Several notable features of Flatbush Gardens, a 59-building rental complex in East Flatbush, Brooklyn, are missing from its inviting ads, which show comely young couples enjoying life...


Midterm in Property?

Posted on December 14, 2010
I'm working on my first syllabus for Property, a 4 credit spring course. I am considering having a midterm a week before Spring Break. The midterm would make up probably 40% of the final grade and the final exam would...


Is It Abandoned, or Is It Theft?

Posted on December 14, 2010
From today's New York Times, a classic tale about abandoned property -- or is it? New York seems to think appliances left curbside have not been abandoned, but rather given to the City, and that taking them constitutes theft. The...


Rose on Governing the Commons

Posted on December 13, 2010
Carol Rose (Arizona) has posted Ostrom and the Lawyers: The Impact of Governing the Commons on the American Legal Academy (Int'l Journal of the Commons). Here's the abstract: American legal academics began to cite Elinor Ostrom?s Governing the Commons (GC)...


Fracking as Nuisance?

Posted on December 13, 2010
Thanks to reader Lee Van Put for pointing me to this article arguing that nuisance law might be used to put a break on gas drilling in the Northeast. The basic argument that drilling practices that cause harm to neighbors...


The Blizzard and the Frozen Property Professor: A Call for Perspective

Posted on December 11, 2010
Saying it's snowing here in Minnesota today would be akin to saying Richard Posner writes. I just emerged from my driveway looking like Shackleton on a bad day. Naturally, while encased in snow and ice, with hair and beard and...


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