Property Law
Archived Posts from this Category
Property Law #28: Easements III Saturday, Sep 16 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 12:30 am
We conclude our discussion of easements by examining, among other things, the scope of an easement.
Brown v. Voss
Property Law #27: Easements II Saturday, Sep 16 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 12:27 am
In this episode we continue our discussion of easements with two more cases.
Van Sandt v. Royster
Othen v. Rosier
Property Law #26: Easements I Saturday, Sep 16 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 12:21 am
An easement is a permanent right to use another person’s land. It does not give a right of possession, nor is it a temporary use license. The four types of easement creation mechanisms we will begin to look at in this episode are grant, implication (aka necessity), prescription, and estoppel. We will also discuss appurtenent easements and easements in gross.
Willard v. First Church of Christ, Scientist
Holbrook v. Taylor
Property Law #25: Nuisance II Friday, Sep 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:07 am
We complete our discussion of nuisance by looking more closely at the remedies available for a nuisance. Do we just give monetary damages, or do we also give an injunction to shut the nuisance down? To answer this question we must often balance the equities. We will also consider what might happen if you “come to the nuisance.”
Boomer v. Atlantic Cement Co.
Spur Industries, Inc. v. Del E. Webb Development Co.
Property Law #24: Nuisance I Friday, Sep 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:04 am
Nuisance is where the use of one property creates a substantial and unreasonable interference with the rights of another property owner. In this episode I explain the basics of nuisance, as well as apply it to copyright law.
Morgan v. High Penn Oil Co.
Estancias Dalls Corp. v. Schultz
Property Law #23: Tenant Protections Friday, Sep 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 2:26 am
Tenants have some protections to ensure that they are getting a fair shake from their landlord. The two that we will discuss in this episode are the covenant of quiet enjoyment (ie you will not be constructively evicted) and the warranty of habitability.
Reste Realty Corp. v. Cooper
Hilder v. St. Peter
Property Law #22: Defaulting Tenants Wednesday, Mar 29 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:51 pm
Not every lease works out perfectly. Sometimes tenants default, or a landlord believes they have defaulted. What happens then? Can a landlord execute self-help to take back the premises? What requirements, if any, are there to relet the premises?
Berg v. Wiley
Sommer v. Kridel
Property Law #21: Possession and Assignment Wednesday, Mar 29 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:41 pm
Tension exists between viewing leaseholds as property and viewing leaseholds as contract. This tension is shown though examining who has the responsibility to put the incoming tenant into possession, and whether an alienable assignment of the lease can be barred by the landowner.
Hanna v. Dusch
Kendall v. Ernest Pestana, Inc.
Property Law #20: Intro to Leasehold Estates Wednesday, Mar 29 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:42 am
We now turn to leasehold estates, or when property is conveyed to another for a limited time. We will examine the basics of determined the lease time period and the notice required, as well as see those concepts applied.
Garner v. Gerrish
Crechale & Polles, Inc. v. Smith
Property Law #19: Marital ‘Property’ Wednesday, Mar 29 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:32 am
Marriages sometimes end in divorce. When they do, it is easy enough to divide tangible property. But what do we do with degrees, careers, celebrity, and other intangible fruits of the marriage partnership?
In re Marriage of Graham
Elkus v. Elkus