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
Winters et al v. Uponor, Inc. et al
3:2012cv00116
Filed in Illinois Southern District Court
Type of Suit: Tort Product Liability
Plaintiff: James Winter, Tara Winter, Jayson F. Khoon, Dennis Fabbri and Carmen Fabbri and other. Defendant: Uponor, Inc., Wirsbo Company, Uponor Wirsbo Company, Uponor Corporation, Does 1 through 100 and other.
Judge: William D. Stiehl
Cause Of Action: Diversity-Contract DisputeMORLOCK, L.L.C A TEXAS LIMITED LIABILITY COMPANY v. Bank Of America, N.A.
4:2012cv00364
Filed in Texas Southern District Court
Type of Suit: Foreclosure
Plaintiff: MORLOCK, L.L.C A TEXAS LIMITED LIABILITY COMPANY. Defendant: Bank Of America, N.A.
Cause Of Action: Notice of RemovalThe United States of America v. 5.095 Acres of Land et al
3:2012cv00313
Filed in California Southern District Court
Type of Suit: Land Condemnation
Plaintiff: The United States of America. Defendant: 5.095 Acres of Land and California, State of.
Judge: Michael M. Anello
Cause Of Action: (a) Public Buildings & Property: Land CondemnationGringo Pass, Inc. v. USA
12-15244
Filed in Ninth Circuit Court of Appeals
Type of Suit: Torts to Land
Plaintiff - Appellant: GRINGO PASS, INC., an Arizona corporation. Defendant - Appellee: UNITED STATES OF AMERICA.United States of America v. Heller
1:2012cv00231
Filed in Pennsylvania Middle District Court
Type of Suit: Foreclosure
Plaintiff: United States of America. Defendant: Ashley L. Heller.
Judge: Christopher C. Conner
Cause Of Action: Declaratory & Injunctive Relief - Foreclo
Legislation
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.Bill Introduced: H.R.3773 Domestic Alternative Fuels Act of 2012
To amend the Renewable Fuel Program in section 211(o) of the Clean Air Act to allow domestic alternative fuel to be used to satisfy a portion of the required applicable volume of renewable fuel.Bill Signed by President: H.R.2056 To instruct the Inspector General of the Federal Deposit ...
To instruct the Inspector General of the Federal Deposit Insurance Corporation to study the impact of insured depository institution failures, and for other purposes.
January 02, 2012: Signed by President.Bill Enacted: H.R.2055 Military Construction and Veterans Affairs, and Related Agencies ...
Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2012, and for other purposes.
December 22, 2011: Became Public Law No: 112-74.
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
Thorner v. Major and the Limits of Proprietary Estoppel
John Mee University College Cork Date Posted: February 07, 2012 Working Paper Series 1 downloads D & O Insurance: A Primer American University Business Law Review, Vol. 1, 2012 Lawrence J. Trautman and Kara Altenbaumer-Price affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 06, 2012 Accepted Paper Series 18 downloads Resulting Trusts and Voluntary Conveyances of Land: 1674-1925 Journal of Legal History, Vol. 32, No. 2, pp. 215-238, 2011 John Mee University College Cork Date Posted: February 02, 2012 Accepted Paper Series Tribal Energy Development: Renewables and the Problem of the Current Statutory Structures Stanford Environmental Law Journal, Vol. 31, p. 101, 2012 Judith Royster University of Tulsa College of Law Date Posted: February 02, 2012 Accepted Paper Series MÄori Traditional Cultural Expressions and the Wai 262 Report: Looking at the Details University of Lucerne, Switzerland, i-call Working Paper No. 2012/02 Jessica Christine Lai University of Lucerne Date Posted: February 01, 2012 Working Paper Series 3 downloads MÄori Traditional Knowledge and the Wai 262 Report: A Coherent Way Forward? University of Lucerne, Switzerland, i-call Working Paper No. 2012/03 Jessica Christine Lai University of Lucerne Date Posted: February 01, 2012 Working Paper Series 5 downloads American Entrepreneur in China: Potholes and Roadblocks on the Silk Road to Prosperity Wake Forest Journal of Business and Intellectual Property Law, Vol. 12, 2012 Lawrence J. Trautman affiliation not provided to SSRN Date Posted: January 31, 2012 Last Revised: February 08, 2012Exploring the Utility of Utility Models to Foster Innovation
Journal of Intellectual Property Rights, Vol. 15, pp. 429-439, November 2010 N. Ayse Odman Boztosun Akdeniz University - Faculty of Economics and Administrative Sciences Date Posted: January 05, 2012 Accepted Paper Series 3 downloads Economic Analysis of Taking Rules: The Bilateral Case Daniel Göller and Michael Hewer University of Bonn and University of Bonn Date Posted: December 27, 2011 Working Paper Series 6 downloads Introducing the Numerus Clausus of Property Rights Presentation to Audience at Phd Defence, Introducing the Topic of Numerus Clausus to Non-Lawyers, in Maastricht, The Netherlands, October 17, 2008 Bram Akkermans Maastricht University - Maastricht European Private Law Institute (M-EPLI) Date Posted: December 26, 2011 Working Paper Series 8 downloads The Physics of God and the Quantum Gravity Theory of Everything James Redford affiliation not provided to SSRN Date Posted: December 21, 2011 Last Revised: February 07, 2012Property Rules, Liability Rules, and Patents: One Experimental View of the Cathedral
Yale Journal of Law & Technology, Vo. 14, p. 138, 2011 Andrew W. Torrance and Bill Tomlinson University of Kansas - School of Law and University of California, Irvine Date Posted: January 29, 2012 Accepted Paper Series 49 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 17 downloads The Role of Legal Assistants in the Estate Planning Practice Estate Planning Developments for Texas Professionals, January 2012 Gerry W. Beyer and Kerri M. Griffin Texas Tech University School of Law and The Blum Firm, PC Date Posted: January 26, 2012 Accepted Paper Series 106 downloads Assessing the Economic Impact of Copyright Law: Evidence of the Effect of Free Music Downloads on the Purchase of Music CDs George Robert Barker Centre for Law and Economics, ANU College of Law Date Posted: January 25, 2012 Working Paper Series 51 downloads Challenges to the Patent System Giuseppina (Pina) D'Agostino Osgoode Hall Law School - York University Date Posted: January 25, 2012 Working Paper Series 6 downloads On 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 1 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 112 downloads Standardized Tests: Recouping Development Costs and Preserving Integrity Thomas G. Field Jr. University of New Hampshire School of Law (formerly Franklin Pierce Law Center) Date Posted: January 23, 2012 Working Paper Series 1 downloads The Case for Imperfect Enforcement of Property Rights University of Pennsylvania Law Review, Forthcoming Abraham Bell and Gideon Parchomovsky University of San Diego School of Law and University of Pennsylvania Law School Date Posted: January 23, 2012 Last Revised: February 07, 2012Federal Land Retention and the Constitution's Property Clause: The Original Understanding
University of Colorado Law Review, Vol. 76, No. 2, p. 327, 2005 Robert G. Natelson The Independence Institute Date Posted: January 04, 2012 Accepted Paper Series 2 downloads Wills for Everyone: Helping Individuals Opt Out of Intestacy Boston College Law Review, Vol. 53, 2012, Rutgers School of Law-Newark Research Paper Reid K. Weisbord Rutgers University School of Law - Newark Date Posted: January 02, 2012 Last Revised: February 07, 2012Arizona v. California Revisited
Lawrence John MacDonnell University of Wyoming College of Law Date Posted: January 30, 2012 Working Paper Series 1 downloads Condominium and the City: The Rise of Property in Vancouver Law and Social Inquiry, Vol. 36, No. 3, 2011 Douglas C. Harris UBC Faculty of Law Date Posted: January 30, 2012 Accepted Paper Series Living with Tied Priority Roger Bernhardt Golden Gate University - School of Law Date Posted: January 30, 2012 Working Paper Series 3 downloads New York Residential Landlord-Tenant Law and Procedure Gerald Lebovits, Damon Howard & Michael Terk, NEW YORK RESIDENTIAL LANDLORD-TENANT LAW AND PROCEDURE, 4th Edition, New York State Bar Association, 2011-2012 Gerald Lebovits , Damon P. Howard and Michael B. Terk St. John's University - School of Law , affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: January 30, 2012 Accepted Paper Series Re-Evaluating Tribal Customs of Land Use Rights University of Colorado Law Review, Vol. 82, No. 2, 2011 John C. Hoelle University of Colorado at Boulder Date Posted: January 30, 2012 Accepted Paper Series 1 downloads Vacant Property Registration Ordinances Real Estate Law Journal, Vol. 39, p. 6, 2010 Benton Christopher Martin affiliation not provided to SSRN Date Posted: January 28, 2012 Accepted Paper Series 2 downloads Does the Federal Government Own the Pore Space Under Private Lands in the West? Implications of the Stock-Raising Homestead Act of 1916 for Geologic Storage of Carbon Dioxide U of Colorado Law Legal Studies Research Paper Kevin L. Doran University of Colorado at Boulder - Renewable and Sustainable Energy Institute Date Posted: January 27, 2012 Last Revised: February 07, 2012
