Results 1 to 20 of 129 for casebook »  Property »  Singer, 5th Ed.
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Acme Laundry Co. v. Secretary of Environmental Affairs

Massachusetts Supreme Judicial Court | 575 N.E.2d 1086 (Mass. 1991)

A responsible party's liability for environmental contamination may include the costs of necessary response actions incurred by the government and such liability constitutes a debt to the government and creates a lien on the property.

Appel v. Presley Cos.

New Mexico Supreme Court | 806 P.2d 1054 (N.M.1991)

Provisions allowing the amendment of restrictive covenants in a subdivision are subject to a reasonableness standard and may be disallowed by a court if they essentially destroy the covenants.

Armstrong v. Francis Corp.

Supreme Court of New Jersey | 120 A.2d 4 (N.J. 1956)

A possessor of land has a right to reasonable use of his land, even if that use causes the flow of surface waters from the land to cause harm to another.

Asbury v. Brougham

United States Court of Appeals for the Tenth Circuit | 866 F.2d 1276 (10th Cir. 1989)

It is a violation of 42 U.S.C. § 1982 and the Fair Housing Act to use race as a factor in a decision to deny a minority applicant the opportunity to rent or negotiate for a rental.

Association of Relatives and Friends of AIDS Patients (A.F.A.P.S.) v. Regulations and Permits Administration, or Administracion de Reglamentos y Permisos (A.R.P.E.)

United States District Court for the District of Puerto Rico | 740 F. Supp. 95 (D.P.R. 1990)

A government agency may not refuse a zoning permit solely because the would-be occupants are handicapped and the public is opposed to the grant of the permit.

Babbitt v. Youpee

United States Supreme Court | 519 U.S. 234 (1997)

If the extraordinary character of a regulation is such that it denies a landowner certain fundamental property rights such as the devise and descent of his land, the regulation amounts to a taking of property without just compensation.

Bayliss v. Bayliss

Supreme Court of Alabama | 550 So. 2d 986 (Ala. 1989)

A divorced, noncustodial parent has a duty to provide support for the college education of his or her child if the support is applied for while the child is still a minor.

Bennis v. Michigan

United States Supreme Court | 516 U.S. 442 (1996)

An owner's interest in property may be forfeited due to an unlawful use of the property even if the owner had no knowledge of such use.

Blackett v. Olanoff

Massachusetts Supreme Judicial Court | 358 N.E.2d 817 (Mass. 1976)

Even where a landlord has not intended to infringe on a tenant's rights, a breach of an implied covenant of quiet enjoyment may still occur if the harm is a natural and probable consequence of what the landlord did, failed to do, or permitted to be done.

Blakeley v. Gorin

Massachusetts Supreme Judicial Court | 313 N.E.2d 903 (Mass. 1974)

A court may not enforce a restrictive covenant if the harm done by enforcing the covenant is greater than the benefit received.

Blevins v. Barry-Lawrence County Association for Retarded Citizens

Supreme Court of Missouri | 707 S.W.2d 407 (Mo. 1996)

When there is ambiguity in the language in a restrictive covenant, courts should interpret the covenant narrowly in favor of the free use of property.

Brown v. Gobble

West Virginia Supreme Court of Appeals | 474 S.E.2d 489 (W. Va. 1996)

One who seeks to assert title in land by adverse possession must prove each of the following for a period of more than ten years: that he has held the land adversely and that the possession has been actual, open and notorious, exclusive, continuous, and under a claim of title or color of title.

Burns v. McCormick

New York State Court of Appeals | 135 N.E. 273 (N.Y. 1922)

A contract granting the conveyance of land generally must be in writing.

Carr v. Deking

Washington Court of Appeals | 765 P.2d 40 (Wash. Ct. App. 1988)

An individual who rents from a tenant in common "steps into the shoes" of the lessor and becomes a tenant in common with the other cotenants.

Central Delaware County Authority v. Greyhound Corp.

Supreme Court of Pennsylvania | 588 A.2d 485 (Pa. 1991)

No interest is good unless it must vest, if at all, no later than 21 years after the death of some life in being at the creation of the interest.

Central Financial Services, Inc. v. Spears

Supreme Court of Mississippi | 425 So. 2d 403 (Miss. 1983)

The mere inadequacy of price is not sufficient to set aside a foreclosure sale unless the price is so inadequate as to "shock the conscience" of the court.

Charrier v. Bell

Louisiana Court of Appeal | 496 So. 2d 601 (La. Ct. App. 1986)

Burying artifacts or other objects with the deceased is not an intention to relinquish ownership of those objects.

Charter Township of Delta v. Dinolfo

Michigan Supreme Court | 351 N.W.2d 831 (Mich. 1984)

For a zoning ordinance restricting the use of property to pass a due process test, a rational relationship must exist between the goal of the ordinance and the means used to achieve that goal.

City of Memphis v. Greene

United States Supreme Court | 451 U.S. 100 (1981)

All citizens of the United States shall have the same right as is enjoyed by white citizens to inherit, purchase, lease, sell, hold, and convey real and personal property.

Cochran v. Fairfax County Board of Zoning Appeals

Supreme Court of Virginia | 594 S.E.2d 571 (Va. 2004)

A variance will not be granted unless the ordinance produces an undue hardship by interfering with all reasonable beneficial uses of the property, taken as a whole.

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