Chapter 4. The Case of the Heir’s Property at 1165 Curve Street 27 results (showing 5 best matches)
- We next need to check the real property records for any relevant deeds or other documents. See Chapter 1 for more details on searching real property records. In this case, Mr. Thomas has informed us that two relevant affidavits of heirship have been filed. The real property records in Travis County, Texas, are online. Can you locate the affidavits of heirship filed in 2002 (instrument number 2002175081) and 2010 (instrument number 2010026110) in the Travis County real property records?
- Can you find a document in any online probate or real property records system that relates to your family’s intergenerational transfer of real property? A probated will? An affidavit of heirship?
- The third kind of co-tenancy, tenancy by the entirety, is of diminishing importance in modern property law. Only married couples who acquire real estate after marriage hold real estate as tenants by the entirety. States which still have this tenancy differ on whether married couples who take title to real property are presumed to be tenants by the entirety, or if the instrument creating the interest must specify that co-tenancy. Five unities are necessary to create a tenancy by the entirety—the four unities necessary to create a joint tenancy with right of survivorship, plus marriage. The value of the tenancy by the entirety is that neither co-tenant may sell or mortgage his or her property interest without the consent of the other party, and neither may unilaterally sever the co-tenancy. Upon the death of one of the spouses, the tenancy by the entirety operates like the ...with right of survivorship—the surviving spouse automatically becomes the owner of the property in fee simple...
- Owners with a tenancy in common interest in real property likewise have an undivided ownership interest in the whole property and equal rights to possess the entire property. In contrast with a joint tenancy with right of survivorship, owners with a tenancy in common interest may own similar or different ownership interests (e.g., 70/30) and do not need to acquire their property interest at the same time.
- Mr. Thomas has filed an affidavit of adverse possession in the real property records asserting his consolidated ownership claim. Can you locate the affidavit of adverse possession in the Travis County property records (instrument number 2002175080)?
- Open Chapter
Chapter 2. Marketable Title: A Title Commitment Reveals a Botched Conveyance 20 results (showing 5 best matches)
- Review the excerpts from Subchapter D of the Texas Property Code, which governs executory contracts for conveyance of real property. See Appendix C. Assuming Ms. Garza has an executory contract for conveyance of real property, has the seller complied with these excerpts from the Texas Property Code? What additional information would you need to know to answer this question?
- Title insurance companies specialize in reconstructing the chain of title and identifying encumbrances on real property. They are engaged by the seller or buyer of real property to first perform a title search and issue a commitment to provide a title insurance policy (“title commitment”). Title insurance companies maintain extensive databases of real property records that mirror official government repositories. Title insurance companies have more advanced search engines and data retention systems than government entities that supply the data, generally making them quite competent at locating title defects.
- With that in mind, as practicing lawyers we often say that someone has “clear title” to real property if the person holds a fee simple absolute interest in the property and no one owns any other property interest—there are no liens from a creditor or mortgagee, no non-possessory interests like easements and covenants, and no cotenants or holders of future interests. In modern America, title to real property is rarely, if ever, completely clear. Homes built in the past 30 or so years are typically encumbered by covenants, conditions, and restrictions agreements; commercial properties are typically burdened by easements and covenants regarding access, use, parking, and related issues. Reflecting this reality, real estate sales contracts typically require that the seller convey “marketable” title, which is typically defined by law as title that a reasonably prudent buyer would accept.
- In the Texas Property Code, installment contracts are referred to as “executory contracts for conveyance of real property.” The Texas Property Code’s regulations governing executory contracts cover contracts conveying an interest in residential real property in which the seller defers the delivery of the deed by more than 180 days after the execution of the contract. Does Ms. Garza’s document meet this definition of an executory contract? Why or why not?
- Even title insurance companies can miss things. If an encumbrance on title is discovered after the policy is issued and the buyer suffers damages as a result, the title insurance company is contractually obligated to defend a claim on behalf of the buyer or pay the buyer the difference between the contract price of the real estate and the market value of the real property burdened by the newly-discovered encumbrance.
- Open Chapter
Appendix B. Texas Laws Governing Partition 57 22 results (showing 5 best matches)
- A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.
- (a) A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court of a county in which any part of the property is located.
- (a) A person allotted a share of or an interest in real property in a partition action holds the property or interest in severalty under the conditions and covenants that applied to the property prior to the partition.
- A court decree confirming a report of commissioners in partition of real property gives a recipient of an interest in the property a title equivalent to a conveyance of the interest by a warranty deed from the other parties in the action.
- Except as provided by this chapter, a partition of real property does not affect a right in the property.
- Open Chapter
Appendix C. Texas Laws Governing Executory Contracts 29 43 results (showing 5 best matches)
- an option to purchase real property that includes or is combined or executed concurrently with a residential lease agreement, together with the lease, is considered an executory contract for conveyance of real property.
- a survey, which was completed within the past year, or plat of a current survey of the real property;
- a legible copy of any document that describes an encumbrance or other claim, including a restrictive covenant or easement, that affects title to the real property; and
- (a) This subchapter applies only to a transaction involving an executory contract for conveyance of real property used or to be used as the purchaser’s residence or as the residence of a person related to the purchaser within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code. For purposes of this subchapter, and only for the purposes of this subchapter:
- If the property is not located in a recorded subdivision, the seller shall provide the purchaser with a separate disclosure form stating that utilities may not be available to the property until the subdivision is recorded as required by law.
- Open Chapter
Appendix A. Sunnybrook Bylaws and CC&Rs 117 39 results (showing 5 best matches)
- “Declaration” shall mean the Sunnybrook Declaration of Conditions and Restrictions recorded in the Real Property Records of Travis County in Volume 12071, Page 180 and the Sunnybrook Declaration of Declaration, Conditions and Restrictions recorded in the Real Property Records of Travis County in Volume 12068, Page 612 (hereinafter collectively referred to as the “Declaration”).
- “Property” is all that real property which is described in and subjected to the Declaration, including all lands later added or subtracted by amended, supplemental, or annexation declarations.
- . To grant and convey to any person or entity the real property and/or other interest therein including fee title, leasehold estates, easements, rights-of-way, or mortgages out to, in, on, over, or under any Association property for the purpose of constructing, erecting, operating or maintaining the following:
- Property Ownership
- “Subdivision” shall mean all that real property which is subject to the Declaration and subdivided for residential purposes on a map or plat in Travis County, Texas, commonly known as Sunnybrook Phase A, Section One and Two.
- Open Chapter
Chapter 3. The Law as a Blunt Tool: Partition and the Problem with No Clear Fix 23 results (showing 5 best matches)
- One way to consolidate title to real property owned by multiple persons as co-tenants is through the partition process. Partition refers to the division and distribution of commonly-owned real property. Partition may either be a voluntary process, completed with the consent of all parties, or it may be compelled by law upon the demand of a co-tenant. Partition comes in two forms: partition in kind and partition by sale. Partition in kind means physically dividing the commonly-owned real property into separate parcels of land that are valued in proportion to the interests that the co-tenants had in the original parcel. If partition in kind is not feasible or would reduce the value of the property, then a court may order a partition by sale in which the commonly-owned property is sold, with the
- First, look at the placement of the house on the lots in the survey in Appendix E. Notice how Ms. Nelson’s two lots are delineated on the survey as lots 13 and 14 in block 280 of Centerville, Texas, rather than as 113 and 114 Bright Street (the survey is of lot 14; Ms. Nelson’s house straddles lots 13 and 14). The reference to the block and lot number is the legal description for her property. A legal description is how the location of real property is described and identified in legal documents used in real estate transactions. The survey is prepared by a licensed surveyor who is trained to locate a property’s legal description.
- There are several common methods of providing the legal description of real property. Ms. Nelson’s property is described in the survey by the lot-and-block method, also referred to as the subdivision-lot method, which is the most commonly used method for describing the location of residential property in municipalities and other more densely populated areas. A legal description relying on the lot-and-block method typically refers to a publicly-recorded plat map, which shows all of the blocks and lots for a particular subdivision.
- Property Tax Payments:
- Do you pay property taxes? If so, attempt to locate your tax history on line. If not, check out the past payment history for a property where you have been a resident. Are your parents or landlord paid up?
- Open Chapter
Introduction 8 results (showing 5 best matches)
- real people
- Our goals for this book are simple. We want to help you deepen your understanding of property law doctrine, gain early literacy in basic lawyering skills, and develop a passion for real-world practice. To accomplish this lofty set of goals, we have divided our book into eight chapters, each based on a carefully-crafted case study.
- In writing this book, we draw from our experiences in practice and in the classroom, from private to nonprofit settings, from creative podium to small-group teaching, and from doctrinal to clinical approaches. These experiences have taught us that property law can be the perfect launch pad for your legal education. Property law has it all!
- Each case study asks you to assume the role of lawyer for a specific client and to explore some of the different ways—including some that may surprise you—in which property law issues take shape. The case studies we have picked will reinforce and enrich your understanding of core concepts in property law, from adverse possession to chain of title, servitudes, co-tenancies, partition, and more.
- using will help you figure out where you should try to land as an attorney in the real world. We hope this book helps you discover the kinds of legal puzzles and activities that energize you and bring you happiness in your work.
- Open Chapter
- INSTRUMENTS CONCERNING PROPERTY.
- An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable.
- In essence, the instrument conveying the land must contain the essential characteristics of a deed. See Tex. Prop. Code Ann. § 5.021; see Green v. Canon, 33 S.W.3d 855, 858 (Tex. App.-Houston [14th Dist.] 2000, pet. denied). There is, however, no longer a requirement that a deed or instrument to effect the conveyance of real property must have all the formal parts of a deed recognized at common law or technical language. Green, 33 S.W.3d at 858; see also Marrs & Smith, P’ship, v. D.K. Boyd Oil & Gas Co., No. 08–00–00386–CV, 2002 WL 1445334, at *5 (Tex.App.-El Paso July 3, 2002, no pet.) (not designated for publication). Rather, if (1) from the instrument as a whole a grantor and grantee can be ascertained and (2) there are operative words or words of grant showing an intention by the grantor to convey to the grantee title to a real property interest, (3) which is sufficiently described, and (4) the instrument is signed and acknowledged by the grantor, then the instrument of...
- Texas Property Code (Excerpts)
- Open Chapter
Appendix C. Texas Property Code (Forced Sale) 63 19 results (showing 5 best matches)
- Chapter 29. Forced Sales of Owner’s Interest in Certain Real Property as Reimbursement for Property Taxes Paid by Co-Owner on Owner’s Behalf
- (a) A person, including a nonprofit organization, that owns an undivided interest in real property to which this chapter applies may file in the district court in a county in which the property is located a petition for a court order to require another owner of an undivided interest in that property to sell the other owner’s interest in the property to the person if:
- On completion of the hearing on a petition filed under Section 29.002, if the court is satisfied that the petitioner has made the requisite proof under Section 29.003, the court shall enter an order that divests the defendant’s interest in the real property that is the subject of the petition and that orders the petitioner to pay to the defendant an amount computed by subtracting the outstanding amount of money the defendant owes to the petitioner for payment of the defendant’s share of ad valorem taxes imposed on the property from the fair market value of the defendant’s interest in the property as determined by an independent appraiser appointed by the court. The court’s order may also direct the defendant to execute and deliver to the petitioner a deed that conveys to the petitioner the defendant’s interest in the property.
- This chapter applies only to real property that is not exempt from forced sale under the constitution or laws of this state and is:
- the legal description of the property according to the survey of the property, including the number of the lot and block or any other plat description that may be of record if the property is located in a municipality;
- Open Chapter
Appendix E. Texas Adverse Possession Statute, Sections 16.021 and 16.026 109 7 results (showing 5 best matches)
- “Peaceable possession” means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property.
- (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
- Subchapter B. Limitations of Real Property Actions
- appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.
- “Title” means a regular chain of transfers of real property from or under the
- Open Chapter
Chapter 1. Chain of Title: Whose Home Is That? 17 results (showing 5 best matches)
- Constructing a chain of title for a parcel of real property can be quite tricky. Historically, this was done by spending long hours in the county office where records of real estate transfers were filed and kept by the local government in large and heavy books. Counties utilize one of two methods for indexing land title records—either a tract index or a grantor/grantee index. The tract index method uses a legal description of the relevant real property as its organizing principle. The grantor/grantee index method uses the names of the parties to a conveyance as its organizing principle. Both tract and grantor/grantee indexes normally include the following fields of information: names of the parties, type of conveyance, recording date, short legal description, and reference to the location of the document.
- Learn how to use online real property records.
- Learn how to create a chain of title using real property records.
- Develop confidence in real property ownership analysis.
- This case study gives you the opportunity to conduct some hands-on work in developing the chain of title for a parcel of real property. A chain of title is the sequence of transfers of title dating from the original owner to the present-day owner.
- Open Chapter
Chapter 7. Nuisance Abatement: The Case of the Vacant Home 24 results (showing 5 best matches)
- This case study introduces you to nuisance law and problems surrounding vacant properties, through the lens of a real nuisance lawsuit from Dallas, Texas. The case study also exposes you to a healthy dose of basic lawyering skills. You will make initial preparations for a factual investigation plan, analyze the strengths and weaknesses of each party’s case, and delve into some of the policy implications presented by vacant properties and this real-world nuisance case.
- The plaintiff has an interest in the real property;
- Vacant and abandoned properties have long plagued urban areas across the United States and can indicate a neighborhood’s reversal of fortune. Metropolitan areas with high vacancy rates include New Orleans, Las Vegas, Detroit, Memphis, and Atlanta. Vacant properties drain government resources, and neighborhoods with large concentrations of vacant properties routinely suffer from blight, higher crime, and lower property values.
- In the petition, Ms. Canelas and the other plaintiffs assert that Mr. Lloyd’s intentional abandonment of his property has “materially interfered with the Plaintiffs’ use and enjoyment of their homes.” They allege that his material interference has included “discontinuing water and sewer services, boarding up the property, permitting weeds and litter to overrun the property, and allowing the property to become a site for criminal activity.”
- Are abandoned properties an issue in your community? If so, what do you think are some of the drivers of property abandonment in your town? See if you can find a recent local news article about abandoned properties in your hometown.
- Open Chapter
Appendix E. Reading Excerpt on Vacant Properties 189 8 results (showing 5 best matches)
- Vacant properties have been neglected by their owners, leaving it up to city governments to keep them from becoming crime magnets, fire hazards, or dumping grounds. In some communities, attending to vacant and abandoned properties can overwhelm city resources. The police and fire departments bear the brunt of the responsibility, along with building inspection and code enforcement units. But most municipalities have staff from several departments addressing the care of vacant properties: legal offices, public works, housing, and real estate services all deal with vacant properties. In Philadelphia, at least fifteen public agencies, not including the police and fire departments, have a role in the management of public land. Vacant property management also demands coordination among local governments, such as county health departments, tax collectors and assessors.
- , the authors describe the issue of vacant and abandoned property as a self-feeding problem. “In blighted neighborhoods that adjoin abandoned ones, existing homeowners face stagnating or declining property values. Unscrupulous real estate agents play on these fears by inducing existing residents to sell cheaply in order to maximize profits at the expense of incoming families. Although this property is still generating revenues for the city, the combination of high resale prices and high tax rates discourage maintenance of such structures. In this way, communities in transition start to look shabby and run-down. Businesses see their profits dwindle and are unlikely to remain in such locales.” Part of the reason abandonment becomes contagious is that “it makes it harder for people to sell their homes or because it leads banks to lower appraisals or deny loans entirely on blocks with abandoned properties.”
- Properties are often abandoned as a result of metropolitan-wide trends, such as sprawling development, consumer preference, job loss, and demographic shifts. But on an individual level, the most common reason a property is abandoned is that the cost of maintenance and operation exceeds the apparent value of the property. This occurs regardless of “whether the market is intrinsically capable of supporting continued use of the property, or whether market inefﬁciencies, or inadequate and inaccurate information, lead property owners to that conclusion.” Most importantly for cities facing abandonment problems, the longer a property remains abandoned, the higher the cost of renovation. This leads to continued abandonment even when market conditions have dramatically improved.
- Cities must address the increasing number of vacant properties, not only because of the negative impact they have on the surrounding community, but because of the numerous costs they impose. They strain the resources of local police, ﬁre, building, and health departments, depreciate property values, reduce property tax revenue, attract crime, and degrade the quality of life of remaining residents. In summary, vacant and abandoned properties “act as a signiﬁcant ﬁscal drain on already strapped
- Vacant properties reduce city tax revenues in three ways: they are often tax delinquent; their low value means they generate little in taxes; and they depress property values across an entire neighborhood. Lower property values mean lower tax revenues for local governments. According to Frank Alexander, Interim Dean and Professor at Emory University Law School and an expert in housing issues, “failure of cities to collect even two to four percent of property taxes because of delinquencies and abandonment translates into $3 billion to $6 billion in lost revenues to local governments and school districts annually.” Property taxes remain the single largest source of tax revenue under local control, so this loss of income is substantial.
- Open Chapter
Chapter 5. Servitudes: A Game of Chicken with the HOA 8 results (showing 5 best matches)
- CC&Rs are recorded in the real property records of the county where the community is located. Oftentimes these records can be accessed online.
- Learn more about real covenants and equitable servitudes and how they are used in modern real estate practice.
- This case study explores the widespread use and application of particular kinds of servitudes—real covenants and equitable servitudes—in residential real estate. In selecting a case study involving a homeowners association (HOA) in a common interest community, we hope to acquaint you with the ways in which servitudes are frequently encountered by homeowners today.
- Real Covenants, Equitable Servitudes, Homeowners Associations
- When a real estate developer decides to establish a common interest community, the developer’s lawyer typically creates the following documents: (1) a plat that identifies the individual lots and defines the common area of the community; (2) a declaration of easements, real covenants, and equitable servitudes burdening and benefiting the lots in the community; and (3) governing documents for the HOA. The declaration is typically referred to as a “Declaration of Covenants, Conditions, and Restrictions” or “CC&Rs.” Because the developer is the sole owner of the community when the CC&Rs are written, the developer “declares” them into existence and then records them in the chain of title for all the lots in the community.
- Open Chapter
- The client you will be advising in this case study is fictional, but the study draws directly from real leases we have worked with and real issues our former clients have confronted. Most of you have been renters at some point in your adult lives. We hope you will enjoy comparing the facts of this case study with your own personal experiences as tenants.
- When you arrive at the property, your first impression is that it is pretty old and run down. There do not appear to have been any recent major updates to the property. During your 10-minute tour of the unit with the landlord, you notice some water stains in the ceiling and bug droppings in the kitchen. But otherwise, things appear to be in order. You relay this information to Elena.
- This case study exposes you to the residential landlord-tenant relationship. You will have the opportunity to analyze a lease and assess whether someone should attempt to negotiate a lease’s terms with her prospective landlord. Later in the case study, you will evaluate a tenant’s options for addressing problems she confronts at her apartment complex. Here, you will be practicing a skill that lies at the heart of the attorney-client relationship—client counseling—by preparing for a counseling session. To counsel well, you will need to assess both the legal and non-legal factors that may affect your client’s decision making. Finally, this case study exposes you to the real-world problems of low-income tenants—who often have trouble securing safe and affordable housing—and has you consider how these challenges might impact your client counseling.
- Open Chapter
Appendix B. Proposed Occupancy Restriction Ordinance for Cedar Falls 199 41 results (showing 5 best matches)
- The owner of any single family dwelling unit situated on a property located in an R-1, R-1 SF, R-2, R-3, R-4, MU, or RP zoning district in the city that held a minimum rental housing code occupancy permit and a minimum rental housing code registration receipt that were valid and current as of August 19, 2014, may continue to permit occupancy of one family as defined in this article, or up to four unrelated persons, for each such dwelling unit located on such property, unless the property is sold or transferred, as defined in subsection 14–221(b) of this article, in which event the provisions of section 14–221 of this article shall thereupon immediately become applicable to said property and any single-family dwelling unit on such property, or unless such occupancy and rental use terminates as provided for in section 14–223 of this article, in which event the provisions of section 14–222 of this article shall thereupon immediately become applicable to said property and any single-...
- The restrictive covenants contained in the deed of dedication of the subdivision plat of which such property is a part, specifically allow the property to be rented to and occupied by a group of three, four or five unrelated persons, as the case may be; such restrictive covenants are then valid, legal and in full force and effect as to such property under Iowa Code Sections 614.24 through 614.28; the property is located in a MU or RP zoning district; and the property has a site plan and development agreement in effect that has been approved by the city council of the city; and
- In the event any property described in subsection (a) of this section, on which any single-family rental dwelling unit is situated, is sold or transferred, as defined in this subsection, then the provisions of subsections 14–221(c) through 14–221(g) of this section 14–221 shall thereupon automatically become applicable to any single-family dwelling unit located on such property. For purposes of this section, a property shall be deemed to have been sold or transferred if there is a conveyance, voluntary or involuntary, of any type whatsoever, of all or any interest in the property at any time after August 19, 2014, except by a voluntary transfer of the property by the person or persons who owned the property on August 19, 2014, to themselves, or to a corporation, limited liability company, limited partnership, or general partnership, one hundred percent of whose shares, membership interests, or partnership interests, as the case may be, are, immediately after such transfer, and for...
- The application for such group rental permit shall be evaluated by the city staff review committee, based upon the carrying capacity of the property upon which the single-family dwelling unit is located, and based upon the carrying capacity of the neighborhood surrounding the property. Carrying capacity includes factors such as the density of occupancy by unrelated persons; the number of vehicles serving the unrelated persons; traffic generated by such vehicles; the amount of impervious surface on the property; the public infrastructure design and capacity serving the property and the surrounding neighborhood; the size of the structure in which the dwelling unit is situated; and the width of the public street and the available on-street parking adjacent to the property.
- The record of the new property owner’s compliance, or lack of compliance, with city codes dealing with property maintenance, nuisance, rental housing, building, fire, zoning, and other applicable city codes, for other properties located within the city and owned, or formerly owned, by such applicant.
- Open Chapter
Appendix B. City of Dallas Urban Nuisance Ordinance 177 10 results (showing 5 best matches)
- a single-family or duplex property where the wall is not shared with another property;
- a single-family or duplex property where the wall is not shared with another property.
- To assess a civil penalty, not to exceed $1,000 a day per violation or, if the property is the owner’s lawful homestead, $10 a day per violation, against a property owner for each day or part of a day that the owner fails to repair or demolish a structure in compliance with a court order issued under this article.
- Property standards
- maintain any fence on the property in compliance with the following standards:
- Open Chapter
Appendix A. Elena’s Lease 147 11 results (showing 5 best matches)
- not break any federal or state laws or local ordinances or homeowners association’s rules, or restrictions running against the property and permit no one on the Premised who shall;
- Tenant hereby releases Landlord for all liability that may arise on account of any actions of the Tenant, Tenant’s property, Allowed Occupants, or Tenant’s guests. Further, Tenant hereby agree to indemnify and hold harmless the Landlord for all damages, judgments, fines, penalties, costs, attorney’s fees, and any other monies which Landlord may expend or be required to pay due to actions taken by Tenant, their property, or their guests or to determine the amount of liability which Tenant may have for their actions, or the actions of their property or their guests or to collect amounts owed by Tenant to any other party. Should Tenant damage any portion of the Premises, then the Tenant shall indemnify Landlord for all costs of repair and shall immediately assume all debts or liabilities incurred to make such repairs. Tenant shall make all
- Upon any termination of this Agreement, the Tenant shall do all of the following: (1) comply with all requirements of this Agreement; (2) reduce any and all outstanding bills relating to the Premises to zero; (3) vacate the Premises, removing all personal property—any property left behind shall be considered abandoned pursuant to this Agreement and Tenant hereby give permission to Landlord to dispose of any such remaining or abandoned property in any way the Landlord choose, including throwing it away or selling it and retaining the proceeds without credit to Tenant; (4) bring the Premised back into the condition it was in upon move-in, excepting normal wear and tear; (5) secure the Premises so that no one may enter it without having the keys; (6) return all keys to the Landlord; and (7) give notice to the Landlord of Tenant forwarding address for return of those amounts of the security deposit not deducted by the Landlord for usages authorized by law or this Agreement.
- Renter’s Insurance: Tenant shall be required to obtain property and liability insurance in an amount equal to the value of the Premises. Moreover, by agreeing to this Lease, Tenant also authorize Tenant’s insurance agent and that agent’s employees to verify to Landlord that such a policy is in effect and authorize to verify to Landlord throughout the duration of this Lease’s duration that such policy is being maintained.
- In either case, any and all damages or injuries which are causally connected to acts of the Tenant, or their property, guests, or agents shall remain the sole liability of the Tenant so that they shall bear full and sole financial responsibility for any such damages or injuries and shall also hold Landlord harmless for any such damages and injuries and promise to indemnify the Landlord for the same, which includes paying any and all attorney’s fees and court costs as may be incurred by the Landlord.
- Open Chapter
- The tenant knew or reasonably should have known of the condition and failed to give actual notice to the landlord in a reasonable time prior to the occurrence of the personal injury, damage to personal property, diminution in rental value or other tenant loss resulting from the noncompliance; or
- Open Chapter
Table of Contents 3 results
- If some of the persons described by Subsection (a) are dead and some are living, each descendant of those persons who have died is entitled to a distribution of the intestate’s estate. Each descendant inherits only that portion of the property to which the parent through whom the descendant inherits would be entitled if that parent were alive.
- Open Chapter
- In 2014, in response to recurring complaints from homeowners about the conversion of owner-occupied single-family homes into rental properties in neighborhoods near the University of Northern Iowa, the Cedar Falls City Council convened a 15-member “Single Family Conversion Task Force” to examine the issue and to propose a set of policy solutions, including possible amendments to the City’s Housing Code.
- This case study takes you to Cedar Falls, Iowa (home to the University of Northern Iowa), where the city council considered, and ultimately approved, a new ordinance restricting the number of unrelated tenants who may rent a single-family dwelling. As in many other college towns around the country, neighborhoods near the university have transitioned from owner-occupied homes into rental housing for students. The shift from homes populated by families to rental houses populated by college-age roommates is often perceived by local homeowners as a negative development that leads to lower property values and nuisances like increased trash and noise. In this case study, you will play the roles of different stakeholder groups by supporting or opposing the proposed ordinance and then making your case to the Cedar Falls City Council. You will spend time learning how to look at this zoning question from multiple perspectives while also honing your oral presentation skills.
- Open Chapter
- The Board may adopt a schedule of fines for the most common Violations. If there is no fine schedule, or if the Violation is not on the schedule, the Board will set the fine in its reasonable discretion. In setting the fine, the Board may consider such factors as the nature of the Violation, its frequency, and effect on neighboring owners and properties.
- Open Chapter
- Publication Date: December 7th, 2016
- ISBN: 9781683282778
- Subject: Property
- Series: Building Skills Series
- Type: Skills
Attention property law professors! With eight in-depth case studies based on real cases, real people, real documents, and real problems, Real Property for the Real World is your key to unlock the door to experiential education opportunity with ease. Breathe new life into your existing syllabus with this supplementary paperback, designed specifically to infuse the 1L property law classroom with Early Lawyer Literacy (ELL) skills exercises that will deepen students’ doctrinal learning while adding excitement and spice to your classroom.
Worried that this might take too much time away from your casebook or teaching? Have no fear: lawyers-gone-professors Way, Wood, and Marsh include all the rich detail from their interesting and complex cases (transactional, litigation) in simple format, equipping you with the questions and model answers you need to have fun with students without recreating the wheel, or even an exercise. Slip seamlessly into “real lawyer” mode as you draw upon their exercises, divided into eight basic issue areas (from adverse possession to partition to zoning) and sliced and diced into accessible parts that you can mix and match to customize the experiential experience. (Don’t worry, the authors provide simple tables breaking down the amount of time each part will consume both in and out of class, down to the minute.)
Starting small? Use this book to allow students to explore online real property records or visit eviction court with the tools and tasks that will make property law come alive. Diving deeper, allow students to interview real clients (scripts provided) or review pleadings (simplified and redacted) to explore the Early Lawyering Literacy skills identified by the authors and recognized widely by the ABA and others.
The sky is the limit with this new book, the first of its kind to bring meaningful experiential education opportunities into the 1L class in a way that amplifies traditional core concepts and doesn’t disrupt. Join in as property law gets its due on the cutting edge of legal education!
"These case studies are a wonderful way to engage students beyond the core doctrinal instruction in a first year Property course. It is also wonderful as an assessment too, to be used throughout the course to test how well students can apply concepts to every day disputes, as well as to get them writing out. The Teacher's Manual is terrific and allows you to break down the case studies in digestible individual written and/or small group exercises. The students really loved tackling the case studies together and I was rewarded with some of the best exam answers I have received."
—Sheila R. Foster, Professor of Law and Public Policy, Georgetown University
“I have now used Real Property for the Real World in two first-year Property classes, and I won’t ever teach Property without it again. My students love the exercises from this book! Students come to class chattering about the work they did preparing for the classroom discussion; during class they are eager to discuss and dissect what they learned while doing the practical exercises; and after class the discussion spills over into office hours. The messiness of real-life lawyering is eye opening for them! In addition, scattering chapters from this book throughout the semester re-energizes the students on a periodic basis. Students love rethinking what they have learned after gaining insights about lawyering from the practical exercises, and they bring these insights to subsequent material. Finally, exposing first-year students to practical exercises about real lawyering reminds them why they came to law school in the first place. I love this book!”
— Lynn E. Blais, Professor of Law, University of Texas School of Law