Real Estate & Property Law
Overview
Real estate refers to land, as well as anything permanently attached to the land, such as buildings and other structures. Both federal and state laws regulate real estate transactions. For example, the Federal Fair Housing Act (42 U.S.C. §§ 3601-3631) protects people involved in real estate transactions from discrimination based on race, color, religion, sex, or national origin. The Supreme Court case of Meyer v. Holley, 537 U.S. 280 (2002), illustrates how a real estate company can be held liable for violating the Federal Fair Housing Act. States also have unique real estate laws which apply only to their jurisdiction.
Contract law governs the sale of real estate. Thus the Statute of Frauds (Uniform Commercial Code § 2-201), a principle of contract law, dictates that real estate transactions be in writing. Furthermore, since real estate transactions involve the sale of land, real property law also influences real estate law. For instance, the seller of property must show that that the title he or she is offering is marketable. Thus, the seller must prove that he or she owns title to the property and that no third party has an undisclosed interest in the property. However, real property is not synonymous with real estate. Real property only refers to land, while real estate also includes structures on the land.
Dockets
Jefferies v. Merck Sharp & Dohme Corp
4:2012cv00276
Filed in Missouri Eastern District Court
Type of Suit: Tort Product Liability
Plaintiff: Gail Jefferie. Defendant: Merck Sharp & Dohme Corp.
Judge: Terry I. Adelman
Cause Of Action: Diversity-Product LiabilityGrun v. BANK OF AMERICA, N.A.,
5:2012cv00145
Filed in Texas Western District Court
Type of Suit: Foreclosure
Defendant: BANK OF AMERICA, N.A. Plaintiff: Henry G. Grun.
Judge: Orlando L. Garcia
Cause Of Action: Petition for Removal- ForeclosureFlores v. Aurora Loan Services, LLC et al
3:2012cv00756
Filed in California Northern District Court
Type of Suit: Foreclosure
Plaintiff: Irene Flore. Defendant: Aurora Loan Services, LLC, Quality Loan Service Company and Mortgage Electronic Registration Systems, Inc.
Judge: Richard Seeborg
Cause Of Action: Fed. QuestionHigueros et al v. Wells Fargo Bank, N.A. et al
3:2012cv00494
Filed in Texas Northern District Court
Type of Suit: Foreclosure
Plaintiff: Victor H Higuero and Eva J Higuero. Defendant: Wells Fargo Bank, N.A. and Federal National Mortgage Association. Counter_claimant: Wells Fargo Bank, N.A. and Federal National Mortgage Association. Counter_defendant: Victor H Higuero and Eva J Higuero.
Judge: Sam A Lindsay
Cause Of Action: Fair Debt Collection ActKoechlein v. Citi Mortgage, Inc. et al
1:2012cv00492
Filed in Georgia Northern District Court
Type of Suit: Foreclosure
Plaintiff: Tracey Koechlein. Defendant: Citi Mortgage, Inc. and Federal Home Loan Mortgage Corporation.
Judge: J. Owen Forrester
Cause Of Action: Petition for Removal- Foreclosure
Legislation
Bill Introduced: S.2093 Preserving American Homeownership Act of 2012
A bill to establish pilot programs to encourage the use of shared appreciation mortgage modifications, and for other purposes.Bill Introduced: S.2094 Clean Water Affordability Act of 2012
A bill to amend the Federal Water Pollution Control Act to update a program to provide assistance for the planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows, and to require the Administrator of the Environmental Protection Agency to update certain guidance used to develop and determine the financial capability of communities to implement clean water infrastructure programs.Bill Introduced: S.2078 Home Building Lending Improvement Act of 2012
A bill to enable Federal and State chartered banks and thrifts to meet the credit needs of the Nation's home builders, and to provide liquidity and ensure stable credit for meeting the Nation's need for new homes.Bill Introduced: S.2062 Freedom from Over-Criminalization and Unjust Seizures Act of 2012
A bill to amend the Lacey Act Amendments of 1981 to repeal certain provisions relating to criminal penalties and violations of foreign laws, and for other purposes.Bill Introduced: H.R.3856 State Waters Partnership Act of 2012
To limit the authority of the Administrator of the Environmental Protection Agency with respect to certain numeric nutrient criteria, and for other purposes.
Regulations
Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Pennsylvania; ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Pennsylvania; Pennsylvania Clean Vehicles Program
,
68381-68385 [2011-28653]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2011-0605; FRL-9487-2] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pennsylvania Clean Vehicles Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision contains Pennsylvania's Clean Vehicle Program, which adopts California's second... [read document]
View Document | Download PDFRule - Approval and Promulgation of Air Quality Implementation Plans: North Dakota; Revisions ...
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
North Dakota; Revisions to the Air Pollution Control Rules
,
68317-68322 [2011-28527]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2009-0556; FRL-9486-2] Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to the Air Pollution Control Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving revisions to the North Dakota State Implementation Plan (SIP) that the Governor of North Dakota submitted with a letter dated April 6, 2009. The revisions affect North Dakota's air pollution control... [read document]
View Document | Download PDFProposed Rule - Approval and Promulgation of Air Quality Implementation Plans: District of ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
District of Columbia, Maryland, Virginia, and West Virginia; Attainment of the 1997 Fine Particle Standard, etc.
,
68378-68381 [2011-28648]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2011-0801; FRL-9487-4] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, Virginia, and West Virginia; Determinations of Attainment of the 1997 Fine Particle Standard for the Metropolitan Washington and Martinsburg-Hagerstown Nonattainment Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to make a determination that the Metropolitan... [read document]
View Document | Download PDFProposed Rule - Approval and Promulgation of Air Quality Implementation Plans: New Mexico; ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions
,
68385-68393 [2011-28635]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2007-0154; FRL-9487-1] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing an approval of revisions which repeal and replace existing rules, and revisions to the applicable State Implementation Plan (SIP) for New Mexico Albuquerque/Bernalillo County, which... [read document]
View Document | Download PDFRule - State Implementation Plans; Revisions:
Environmental Protection Agency
Rule
State Implementation Plans; Revisions:
68106-68107 [2011-28391]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2011-0601; FRL-9481-6] Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal... [read document]
View Document | Download PDF
Articles
Exclusion and Legal Theory: A Comment on Property as the Law of Things
George Mason Law & Economics Research Paper No. 12-16 Eric R. Claeys George Mason University Date Posted: February 17, 2012 Working Paper Series 1 downloads The Commercial Real Estate Bubble Georgetown Law and Economics Research Paper No. 1978264, Georgetown Public Law Research Paper No. 1978264 Adam J. Levitin and Susan M. Wachter Georgetown University Law Center and University of Pennsylvania - The Wharton School - Real Estate Department Date Posted: February 16, 2012 Working Paper Series 6 downloads A Legal Analysis of Romantic Gifts John M. Olin Fellowships in Law and Economics Working Paper Ruth Sarah Lee Harvard Law School Date Posted: February 15, 2012 Working Paper Series 57 downloads David L. Callies, Regulating Paradise: Land Use Controls in Hawaiâi (2d Ed. 2010) (Book Review) The Urban Lawyer, Vol. 43, No. 4, p. 1107, 2011 Patricia Salkin Albany Law School Date Posted: February 14, 2012 Accepted Paper Series 3 downloads The Modest Impact of Palazzolo v. Rhode Island Vermont Law Review, Forthcoming Gregory M. Stein Associate Dean for Faculty Development & Woolf, McClane, Bright, Allen & Carpenter Distinguished Professor of Law, University of Tennessee College of Law Date Posted: February 13, 2012 Last Revised: February 16, 2012Ownership in Complex Authorship: A Comparative Study of Joint Works
Thomas Margoni and Mark Perry University of Western Ontario - Faculty of Law and University of Western Ontario - Faculty of Law Date Posted: January 27, 2012 Working Paper Series 45 downloads The Parcel and Then Some: Unity of Ownership and the Parcel as a Whole Vermont Law Review, Vol. 36, 2011, George Mason Law & Economics Research Paper No. 12-07 Steven J. Eagle George Mason University School of Law Date Posted: January 26, 2012 Accepted Paper Series 20 downloads Joint Tenancies in Iowa Today U Iowa Legal Studies Research Paper No. 12-04 N. William Hines University of Iowa - College of Law Date Posted: January 25, 2012 Working Paper Series 19 downloads Land Value Taxation Bruno Moser affiliation not provided to SSRN Date Posted: January 25, 2012 Working Paper Series City Unplanning David Schleicher George Mason University School of Law Date Posted: January 24, 2012 Working Paper Series 300 downloads Does the Acquisition System of Property Taxation Increase Neighborhood Social Capital? Richard T. Boylan Rice University - Department of Economics Date Posted: January 24, 2012 Working Paper Series 2 downloads Standing for Squatters: Applying the Common Law Model of the Fourth Amendment Bryan Gividen College of William and Mary School of Law Date Posted: January 24, 2012 Last Revised: February 15, 2012The Properties of Instability: Markets, Predation, Racialized Geography, and Property Law
Wisconsin Law Review, Vol. 2011, p. 855, 2011, University of Baltimore School of Law Legal Studies Research Paper No. 2012-1 Audrey McFarlane University of Baltimore - School of Law Date Posted: November 12, 2011 Last Revised: February 14, 2012On the Economy of Concepts in Property
University of Pennsylvania Law Review, Vol. 160, 2012 Henry E. Smith Harvard Law School Date Posted: January 23, 2012 Accepted Paper Series 8 downloads On the Economy of Concepts in Property University of Pennsylvania Law Review, Vol. 160 Henry E. Smith Harvard Law School Date Posted: January 23, 2012 Accepted Paper Series 127 downloads RLUIPA and Exclusionary Zoning: Government Defendants Should Have the Burden of Persuasion in Equal Terms Cases Fordham Law Review, Vol. 80, No. 4, 2012 Thomas Raccuia affiliation not provided to SSRN Date Posted: January 23, 2012 Accepted Paper Series 11 downloads Agricultural Development and Land Rights: Who Wins and Who Dies? John C. Richardson JMR Portfolio Intelligence Date Posted: January 21, 2012 Last Revised: February 12, 2012Exacted Conservation Easements: Emerging Concerns with Enforcement
Probate & Property, Vol. 26, No. 1, p. 51, 2012, Buffalo Legal Studies Research Paper No. 2012-040 Jessica Owley University at Buffalo Law School, SUNY Date Posted: January 11, 2012 Last Revised: February 11, 2012
