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
United States of America v. Beach et al
Oklahoma Western District Court
Foreclosure
Filed: February 9, 2010
Plaintiff: United States of America Defendant: Angela Beach, Kiowa County Treasurer, Kiowa County Board of County CommissionersDabney et al v. Chase Manhattan Mortgage
Texas Northern District Court
All Other Real Property
Filed: February 9, 2010
Plaintiff: L D Dabney, Patricia Dabney Defendant: Chase Manhattan MortgageHaynes-Cabrera v. Wells Fargo Bank, N.A.
Texas Southern District Court
Foreclosure
Filed: February 9, 2010
Plaintiff: Sherry Haynes-Cabrera Defendant: Wells Fargo Bank, N.A.Gallant v. Deutsche Bank National Trust Company
Virginia Western District Court
Foreclosure
Filed: February 9, 2010
Fireman's Fund Insurance Company v. Four Seasons Restaurant et al
Rhode Island District Court
All Other Real Property
Filed: February 9, 2010
Plaintiff: Fireman's Fund Insurance Company Defendant: Four Seasons Restaurant, Solutions Water Technology, Inc., Alert Fire Protection, Inc.
Legislation
Bill Introduced: S.J.Res.26 A joint resolution disapproving a rule submitted by the ...
A joint resolution disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.Bill Introduced: H.J.Res.66 Disapproving a rule submitted by the Administrator of the ...
Disapproving a rule submitted by the Administrator of the Environmental Protection Agency relating to endangerment and cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.Bill Introduced: H.R.4190 Endocrine Disruption Prevention Act of 2009
To amend the Public Health Service Act to authorize the National Institute of Environmental Health Sciences to conduct a research program on endocrine disruption, to prevent and reduce the production of, and exposure to, chemicals that can undermine the development of children before they are born and cause lifelong impairment to their health and function, and for other purposes.Bill Introduced: H.R.4173 Wall Street Reform and Consumer Protection Act of 2009
To provide for financial regulatory reform, to protect consumers and investors, to enhance Federal understanding of insurance issues, to regulate the over-the-counter derivatives markets, and for other purposes.Bill Introduced: S.2739 Puget Sound Recovery Act of 2009
A bill to amend the Federal Water Pollution Control Act to provide for the establishment of the Puget Sound Program Office, and for other purposes.
Regulations
Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Maryland; ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Maryland; Control of Carbon Monoxide Emissions from Basic Oxygen Furnaces
,
6337-6338 [2010-2676]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2010-0010; FRL-9111-8] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Carbon Monoxide Emissions from Basic Oxygen Furnaces AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland for the purpose of replacing the existing requirements for the control of carbon monoxide (CO)... [read document]
View Document | Download PDFRule - Approval and Promulgation of Air Quality Implementation Plans: West Virginia; Removal of ...
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
West Virginia; Removal of NOx SIP Call Rules
,
6305-6307 [2010-2675]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2009-0706; FRL-9111-5] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of NOX SIP Call Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve a revision to the West Virginia State Implementation Plan (SIP). The revision removes West Virginia's nitrogen oxides (NOX) SIP Call rules. EPA is approving this revision to remove... [read document]
View Document | Download PDFProposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Georgia; State ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Georgia; State Implementation Plan Revision
,
6338 [2010-2707]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-0113-200709(b); FRL-9098-4 ] Approval and Promulgation of Implementation Plans; Georgia: State Implementation Plan Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division on September 26, 2006, with a clarifying revision submitted on November 6, 2006. The... [read document]
View Document | Download PDFRule - Primary National Ambient Air Quality Standards for Nitrogen Dioxide
Environmental Protection Agency
Rule
Primary National Ambient Air Quality Standards for Nitrogen Dioxide
,
6473-6538 [2010-1990]
Part III Environmental Protection Agency 40 CFR Parts 50 and 58 Primary National Ambient Air Quality Standards for Nitrogen Dioxide; Final Rule ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 50 and 58 [EPA-HQ-OAR-2006-0922; FRL 9107-9] RIN 2060-AO19 Primary National Ambient Air Quality Standards for Nitrogen Dioxide AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Based on its review of the air quality criteria for oxides of nitrogen and the primary national ambient air... [read document]
View Document | Download PDFRule - Approval and Promulgation of Air Quality Implementation Plans: Georgia; State ...
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
Georgia; State Implementation Plan Revision
,
6309-6314 [2010-2706]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-0113-200709(a); FRL-9098-5] Approval and Promulgation of Implementation Plans Georgia: State Implementation Plan Revision AGENCY: Environmental Protection Agency (EPA) ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division (GA EPD) on September 26, 2006, with a clarifying revision submitted... [read document]
View Document | Download PDF
Articles
Non-Debtor Releases and Travelers v. Bailey: A Circuit Split that is Likely to Remain
Norton Annual Survey of Bankruptcy Law, West 2010 George W. Kuney University of Tennessee College of Law Date Posted: February 2, 2010 Last Revised: February 9, 2010Green-ÂPaper: The State and Challenges of OER in Brazil: From Readers to Writers?
Berkman Center Research Publication, Forthcoming Carolina Almeida Antunes Rossini Berkman Center for Internet and Society Date Posted: February 9, 2010 Last Revised: February 9, 2010The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq
Hannibal Travis Florida International University College of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010Discriminatory Housing Advertisements On-Line: Lessons from Craigslist
Indiana Law Review, Vol. 43, University of Missouri School of Law Legal Studies Research Paper No. 2010-03 Rigel Christine Oliveri University of Missouri School of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010The Public Trust Doctrine and Private Property: The Accommodation Principle
Michael C. Blumm Lewis & Clark Law School Date Posted: January 29, 2010 Last Revised: February 9, 2010