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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

Property Theory and HBO's Deadwood (part 4)

Posted on March 01, 2010
In my last post, I discussed what the television series Deadwood suggests about the tensions that arise when naturalist expectations about property meet the reality of government and positive legislation. As formal law slowly makes its way to the mining...

One Candidate's Experience in the AALS Hiring Process

Posted on February 27, 2010
Thanks Ben for the re-introduction. I?m looking forward to blogging about my efforts to prepare for my first year of teaching Property and Real Estate Transactions as well as more substantive topics. But first, I thought I?d share a few...

New York and Blight Takings

Posted on February 26, 2010
At the City Journal, Nicole Gelinas has a good article on takings under New York's overbroad definition of blight. Whether or not you favor this kind of economic development taking, doing it under a blight justification strikes me as completely...

Florida International Seeks Visiting PropertyProf

Posted on February 25, 2010
Florida International University College of Law invites applications from candidates for one or more visiting faculty positions beginning in Fall 2010. Areas of curricular preference include Property, Criminal Law, Torts, Environmental Law, And Trusts and Estates...

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Barros on Human Behavior, Evolution, and the Biology of Possession

Posted on February 25, 2010
I've just posted Human Behavior, Evolution, and the Law: the Case of the Biology of Possession on SSRN. Here's the abstract: Possession is a foundational idea in property law. Recent scholarship has suggested that respect for possession may be an...

Nancy McLaughlin on Conservation Easements

Posted on February 24, 2010
Thanks to Nancy McLaughlin (Utah) for providing the post below. As many of you are aware, Nancy is a leading expert on conservation easements. She isn't actually a PropertyProf, but we won't hold that against her. Ben Barros [Comments are...

Wyoming Attorney General Prevents the Wrongful Termination of a Perpetual Conservation Easement

Posted on February 24, 2010
After over six years of litigation, a case involving a Wyoming county?s attempted termination of a perpetual conservation easement has settled, with the conservation easement remaining in full force and effect on the burdened land. Background In 1993, Paul and...

A Different Kind of "Self-Help"

Posted on February 23, 2010
Over at PrawfsBlawg, Jack Chin (Arizona) has an interesting post (complete with links) about a man who bulldozed his house to keep the bank from foreclosing on it. Mike Kent [Comments are held for approval, so there will be some...

World's Most Expensive Virtual Object

Posted on February 23, 2010
It has been a while since we've blogged here about virtual property. Forbes.com has a story about a 27-year-old graduate student from Australia who paid $26,500 for an island in the virtual world Entropia. It seems like a good deal...

Property Theory and HBO's Deadwood (part 3)

Posted on February 22, 2010
In previous posts, I discussed some of the Lockean ideas about property reflected in HBO's television series Deadwood. In this post, I'd like to focus on what the show suggests about the tensions that arise when property rights acquired in...

Marsh to Wake Forest

Posted on February 21, 2010
Tanya Marsh, who has blogged with us before, will be joining the faculty of Wake Forest this fall. Congrats! Tanya will also be blogging with us again, and may have some things to say about every law prof's favorite topic,...

Commercial Landlord-Tenant Dispute

Posted on February 20, 2010
From today's Tuscaloosa News comes news of a sentence for menacing that followed a dispute between a landlord and his tenant, the operator of a restaurant, over property at the restaurant. Those of you who teach Berg v. Wiley may...

Adverse Possession as Public Service (and Should Intent Really Matter)?

Posted on February 18, 2010
An interesting story in yesterday's Tampa Tribune tells the tale of a man who has been renting out houses he doesn't own. Apparently, his modus operandi has been to find vacant homes (usually in or heading for foreclosure), fix them...

Possible empirical study on subjective value

Posted on February 16, 2010
A number of recent newspaper articles about the approaching end of several government programs that attempted to re-inflate the housing bubble (by subsidizing mortgages, buying up mortgage securities, etc.), and of the continuing phenomenon of "upside down" mortgages suggests to...

Of Easements, Trespass, and Fences in the Street

Posted on February 16, 2010
The St. Petersburg Times ran a story last week that presents some interesting issues related to the law of easements, private rights of way, and trespass. Apparently, a disagreement among some neighboring landowners has resulted in one of them constructing...

Public Housing

Posted on February 12, 2010
Several days ago, the Several days ago, the New York Times reported on the New York Housing Authority's plan to tear down the Prospect Plaza public housing project in Brooklyn. According to the paper, the project will be replaced by...

Blogging

Posted on February 12, 2010
Thanks to Ben for giving me this opportunity and for the warm words of welcome. Avi Bell

Property Theory and HBO's Deadwood (part 2)

Posted on February 11, 2010
In my last post, I noted how HBO's television series Deadwood reflected a Lockean concept of property. The mining camp of Deadwood exists in a state of nature without organized government, but property nonetheless exists, recognized initially because of the...

Entering the Blogosphere

Posted on February 10, 2010
I want to thank Ben for allowing me to guest blog this semester. I should give a disclaimer going in however. I'm afraid that my blogs may be nothing more than rehashing old (perhaps eternal) questions regarding teaching property. My...

Property Theory and HBO's Deadwood (part 1)

Posted on February 09, 2010
One of my current projects (on which I am collaborating with Lance McMillian, my colleague at John Marshall) concerns how the television series Deadwood portrays ideas about property through a popular culture medium. For readers who may not know, Deadwood...

Second Hand Smoke Lawsuit Against ... A Real Estate Agent

Posted on February 09, 2010
This has the makin's of a final exam question. The UPI story begins: "A real estate broker faced a lawsuit Tuesday accusing him of misleading a condo buyer about second-hand smoke in the building, court watchers say." Read the rest...

Avi Bell Guest Blogging

Posted on February 09, 2010
I'm delighted that Avi Bell (San Diego) will be joining us for a guest blogging stint. I've long been a fan of Avi's work, and I look forward to his posts. Ben Barros [Comments are held for approval, so there...

Mitchell, Malpezzi, and Green on Forced Sale Risk

Posted on February 09, 2010
Thomas W. Mitchell (Wisconsin), Stephen Malpezzi (Wisconsin), and Richard Green (USC) have posted Forced Sale Risk: Class, Race, and The 'Double Discount' on SSRN. Here's the abstract: What impact does a forced sale have upon a property owner's wealth? And...

Burkhart on Manufactured Housing and Real Estate Finance

Posted on February 09, 2010
Ann M. Burkhart (Minnesota) has posted Bringing Manufactured Housing into the Real Estate Finance System on SSRN. Here's the abstract: Eight percent of the United States population - more than 23 million people - live in manufactured homes (also called...

Martha's Vineyard Easements

Posted on February 08, 2010
Thanks to Mary Sarah Bilder for pointing out this great story from the Boston Globe on a recent decision preserving easements on Martha's Vineyard (or perhaps as my Massachusettes relatives would pronounce it, Marthar's Vineyard). The story begins: Every Veterans...

Donald Campbell Guest Blogging

Posted on February 08, 2010
I'm delighted that Donald Campbell, who is visiting at Mississippi College School of Law, will be guest blogging with us. Welcome, Donald! Ben Barros [Comments are held for approval, so there will be some delay in posting]

Ode to Centralia, Pennsylvania

Posted on February 06, 2010
The Associated Press ran an interesting story yesterday about the final days of Centralia, Pennsylvania, which has rested for decades above an intense, underground coal fire. The federal government condemned the town in the 1980s and 1990s, but a hand...

Lawyering and Law's Limits

Posted on February 04, 2010
One of the things I try to teach students is that the job of "lawyering" often requires knowing the practical limitations of the rules and theories we discuss. For example, it's one thing to know that the law gives certain...

Haar and Wolf on Land Use Planning and the Environment

Posted on February 03, 2010
Charles Haar and Michael Wolf have a new edition of their casebook on land use. This version is called Land Use Planning and the Environment. Here is a description of the book from the Island Press' website: Throughout the casebook,...

Local Government Liability Under Federal Law at University of Florida

Posted on February 03, 2010
The University of Florida's law school is hosting a symposium on "Local Government Liability Under Federal Law: Regulating the Sacred and the Profane? on Friday, February 12. It will be the Ninth Annual Richard E. Nelson Symposium. Presenters include Ashira...

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