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
Mashiri v. Ocwen Loan Servicing, LLC. et al
3:2013cv01214
Filed in California Southern District Court
Type of Suit: All Other Real Property
Plaintiff: Farid Mashiri. Defendant: Ocwen Loan Servicing, LLC. and Does 1 through 25.
Judge: John A. Houston
Cause Of Action: Fair Debt Collection ActPerez v. Deutsche Bank National Trust Company, as Trustee
5:2013cv00430
Filed in Texas Western District Court
Type of Suit: All Other Real Property
Defendant: Deutsche Bank National Trust Company. Plaintiff: Celia Perez.
Judge: Xavier Rodriguez
Cause Of Action: Petition for Removal - ForeclosureAtlas, Sr. et al v. The Bank of New York Mellon fka The Bank of New York as Trustee for the ...
1:2013cv00418
Filed in Texas Western District Court
Type of Suit: All Other Real Property
Plaintiff: Carolyn Ate and Ray Atlas, Sr. Defendant: Bank of America, N.A. and The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificate Holders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1.
Cause Of Action: Diversity-Petition for RemovalCLEARVUE OPPORTUNITY XV, LLC v. LEWIS et al
5:2013cv02824
Filed in Pennsylvania Eastern District Court
Type of Suit: All Other Real Property
Plaintiff: CLEARVUE OPPORTUNITY XV, LLC. Defendant: DANIEL ALLEN LEWIS and KELLY LEWIS.
Judge: LAWRENCE F. STENGEL
Cause Of Action: Diversity-Breach of ContractGomes v. Federal National Mortgage Association
1:2013cv00375
Filed in Rhode Island District Court
Type of Suit: Foreclosure
Plaintiff: Beatrice D. Gome. Defendant: Federal National Mortgage Association.
Judge: John J. McConnell
Cause Of Action: Diversity-Other Contract
Legislation
Bill Introduced: S.890 Defense of Environment and Property Act of 2013
A bill to clarify the definition of navigable waters, and for other purposes.Bill Introduced: S.861 A bill to amend the Federal Water Pollution Control Act to provide ...
A bill to amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes.Bill Introduced: H.R.1829 Coal Jobs Protection Act of 2013
To amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes.Bill Introduced: H.R.1779 Preserving Access to Manufactured Housing Act of 2013
To amend the Truth in Lending Act to modify the definitions of a mortgage originator and a high-cost mortgage.Bill Introduced: H.Con.Res.36 Recognizing the disparate impact of climate change on women and ...
Recognizing the disparate impact of climate change on women and the efforts of women globally to address climate change.
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
The Natural Complexity of Patent Eligibility
99 Iowa Law Review, 2014, Forthcoming Jacob S. Sherkow Stanford Law School Date Posted: May 22, 2013 Accepted Paper Series 1 downloads Family Courts: Some Questions for Consideration "Family Courts: Some Questions for Consideration" (2000) 3 Butterworths Family Law Journal 113. Ivor Richardson Victoria University of Wellington - Faculty of Law Date Posted: May 22, 2013 Accepted Paper Series 2 downloads Pharmacogenetics and Fundamental Rights Roberto Bin, Sara Lorenzon, Nicola Lucchi (Eds), Biotech Innovations and Fundamental Rights, Springer Milan, 2012, ISBN: 978-88-470-2031-3 (Print), pages 217-225 Elena Falletti Carlo Cattaneo - LIUC University Date Posted: May 22, 2013 Working Paper Series Behavioral Equity Yuval Feldman and Henry E. Smith Bar-Ilan University - Faculty of Law and Harvard Law School Date Posted: May 21, 2013 Last Revised: May 22, 2013Barriers to Foreclosure Prevention During the Financial Crisis
Arizona Law Review, Vol. 55, No. 3, 2013 Forthcoming Patricia A. McCoy University of Connecticut - School of Law Date Posted: April 22, 2013 Accepted Paper Series 76 downloads The Use of Tenant Screening Reports and Tenant Blacklisting - 2012 LEGALEase Pamphlet, N.Y. St. Bar Ass'n, 2012 Gerald Lebovits and Jen M. Addonizio Columbia University - Law School and Independent Date Posted: April 21, 2013 Accepted Paper Series 10 downloads Property Rights and Environmental Quality: A Cross-Country Study Cato Journal, Vol. 31, No. 2, 2011 Carrie B. Kerekes Florida Gulf Coast University Date Posted: April 21, 2013 Accepted Paper Series 3 downloads Gustav Cassel: In Defense of Private Property Rights Cato Journal, Vol. 31, No. 2, 2011 Benny Carlson School of Economics and Management, Lund University Date Posted: April 21, 2013 Accepted Paper Series 1 downloads Combatting Sea-Level Rise in Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk 19 Hastings West Northwest J. Envtl. L. & Polây 463 (2013), UCLA School of Law Research Paper No. 13-11, Megan M. Herzog and Sean B. Hecht UCLA School of Law and University of California, Los Angeles (UCLA) - School of Law Date Posted: April 20, 2013 Last Revised: May 21, 2013The Rise and the Demise of the Absolute Dominion Doctrine for Groundwater
University of Arkansas at Little Rock Law Review, Forthcoming, Villanova Law/Public Policy Research Paper No. 2013-3043 Joseph W. Dellapenna Villanova University School of Law Date Posted: May 15, 2013 Accepted Paper Series 4 downloads A Primer on Groundwater Law Idaho Law Review, Forthcoming, Villanova Law/Public Policy Research Paper No. 2013-3042 Joseph W. Dellapenna Villanova University School of Law Date Posted: May 15, 2013 Accepted Paper Series 6 downloads The Common Law Clean Up of the âWorkshop of the Worldâ: More Realism About Nuisance Law's Historic Environmental Achievements Journal of Law and Society, Vol. 40, Issue 2, pp. 173-198, 2013 Ben Pontin University of the West of England (UWE) Date Posted: May 15, 2013 Accepted Paper Series Inalienability Voluntary Clause Romanian Review of Private Law No. 1/2013 Valeriu Stoica Independent Date Posted: May 14, 2013 Accepted Paper Series Whatever Floats the 'Reasonable Observer's' Boat: An Examination of Lozman v. City of Riviera Beach, Florida and the Supreme Court's Ruling that Floating Homes Are Not Vessels University of Miami Legal Studies Research Paper Kathryn Yankowski University of Miami - School of Law Date Posted: May 14, 2013 Working Paper Series 4 downloads Avoiding Insult to Injury: Extending and Expanding Cancellation of Indebtedness Income Tax Exemptions for Homeowners Arkansas Law Review, Vol. 66, No. 1, 2013 Dustin A. Zacks King, Nieves & Zacks PLLC Date Posted: May 14, 2013 Accepted Paper Series 24 downloads Evaluating Legal Models of Affordable Home Ownership in England Chapter in Michael Diamond and Terry Turnipseed (eds), Community, Home and Identity (Ashgate, 2012) Susan Bright and Nicholas (Nick) P. Hopkins University of Oxford - Faculty of Law and University of Southampton - School of Law Date Posted: May 11, 2013 Accepted Paper Series 4 downloads ÐвалиÑикаÑÐ¸Ñ Ð¸ ÐоÑледÑÑÐ²Ð¸Ñ Ð¡Ð´ÐµÐ»Ð¾Ðº С ÐÑдÑÑей Ðедвижимой ÐеÑÑÑ (Typization and Consequences of Real Property Investment Transactions) The Supreme Commercial Court of Russia Review. 2012.N 3 Roman Bevzenko National Research University Higher School of Economics - Department of Private Law Date Posted: May 11, 2013 Accepted Paper Series 73 downloads A Process Account of the Endowment Effect: Voluntary Debiasing Through Agents and Markets NYU School of Law, Public Law Research Paper No. 13-26, NYU Law and Economics Research Paper No. 13-16 Jennifer Arlen and Stephan W. Tontrup New York University School of Law and Max Planck Institute for Research on Collective Goods Date Posted: May 11, 2013 Working Paper Series 14 downloads Beyond Coase: Emerging Technologies and Property Theory University of Pennsylvania Law Review, Vol. 160, p. 2189, 2012, U of Penn, Inst for Law & Econ Research Paper No. 13-16 Christopher S. Yoo University of Pennsylvania Law School Date Posted: May 11, 2013 Accepted Paper Series 28 downloads Will Arkansas Game and Fish Commission versus United States Provide a Permanent Fix for Temporary Takings? Brian T. Hodges Pacific Legal Foundation Date Posted: May 10, 2013 Working Paper Series 16 downloads The Opportunities and Challenges of Empirical Work: Housing Possession in Theory and in Practice Oxford Legal Studies Research Paper Susan Bright and Lisa Whitehouse University of Oxford - Faculty of Law and University of Hull - Law School Date Posted: May 10, 2013 Accepted Paper Series 8 downloads Improvement Doctrines George Mason Law Review, Vol. 21, 2014, Forthcoming Deepa Varadarajan St. John's University School of Law Date Posted: May 10, 2013 Accepted Paper Series 11 downloads Prescripción Extintiva De La Acción Reivindicatoria Y Adquisición Del Dominio Por Usucapión: ¿Dos Figuras En Liza? (Extinctive Prescription of Revendication and Acquisition of Ownership by Acquisitive Prescription: Are They Two Confronting Institutions?) InDret, Vol. 2, 2013 Luz M. MartÃnez Velencoso University of Valencia Date Posted: May 09, 2013 Accepted Paper Series 3 downloads Protecting Status: The Mortgage Crisis, Eminent Domain, and the Ethic of Homeownership Fordham Law Review, Vol. 77, No. 3, 2008, Seton Hall Public Law Research Paper Forthcoming Rachel D. Godsil and David Simunovich Seton Hall University - School of Law and Seton Hall University - School of Law Date Posted: May 08, 2013 Accepted Paper Series 6 downloads Protecting Property Through Politics: State Legislative Checks and Judicial Takings Minnesota Law Review 2013, Forthcoming Stephanie M. Stern Chicago-Kent College of Law Date Posted: May 07, 2013 Accepted Paper Series 18 downloads Testing the Results of Municipal Mixed-Use Zoning Ordinances: A Novel Methodological Approach Carol L. Cannon , Sue Thomas , Ryan D. Treffers , Mallie J. Paschall , Lauren Heumann , Gregory W. Mann , Dashiell O. Dunkell and Saskia Nauenberg The CDM Group, Inc. , Pacific Institute for Research and Evaluation (PIRE) , Pacific Institute for Research and Evaluation (PIRE) , Pacific Institute for Research and Evaluation (PIRE) , University of California, Berkeley , California State University, East Bay , 5 Gyres Institute and University of California, Los Angeles (UCLA) Date Posted: May 07, 2013 Working Paper Series 24 downloads The Impact of the Right of Access to Adequate Housing on the Enforcement of Mortgage Agreements and Other Credit Agreements Journal of Contemporary Roman-Dutch Law, Vol. 75, p. 632-657, 2012 C. M. Van Heerden University of Pretoria Date Posted: May 04, 2013 Accepted Paper Series 3 downloads Alienation of Land Act 68 of 1981: The Glitches Continue Journal of Contemporary Roman-Dutch Law, Vol. 75, p. 544-565, 2012 D. J. Lotz and S. C. Gerber University of Pretoria - Faculty of Law and University of Pretoria - Faculty of Law Date Posted: May 04, 2013 Accepted Paper Series 2 downloads Seven Principles for Equitable Adaptation 13 Sustainable Development Law & Policy 41 (2013), Univ. of San Francisco Law Research Paper No. 2013-18 Alice Kaswan University of San Francisco - School of Law Date Posted: May 03, 2013 Last Revised: May 20, 2013Evaluating Legal Models of Affordable Home Ownership in England
Chapter in Michael Diamond and Terry Turnipseed (eds), Community, Home and Identity (Ashgate, 2012) Susan Bright and Nicholas (Nick) P. Hopkins University of Oxford - Faculty of Law and University of Southampton - School of Law Date Posted: May 11, 2013 Accepted Paper Series 4 downloads The Opportunities and Challenges of Empirical Work: Housing Possession in Theory and in Practice Oxford Legal Studies Research Paper Susan Bright and Lisa Whitehouse University of Oxford - Faculty of Law and University of Hull - Law School Date Posted: May 10, 2013 Accepted Paper Series 8 downloads Testing the Results of Municipal Mixed-Use Zoning Ordinances: A Novel Methodological Approach Carol L. Cannon , Sue Thomas , Ryan D. Treffers , Mallie J. Paschall , Lauren Heumann , Gregory W. Mann , Dashiell O. Dunkell and Saskia Nauenberg The CDM Group, Inc. , Pacific Institute for Research and Evaluation (PIRE) , Pacific Institute for Research and Evaluation (PIRE) , Pacific Institute for Research and Evaluation (PIRE) , University of California, Berkeley , California State University, East Bay , 5 Gyres Institute and University of California, Los Angeles (UCLA) Date Posted: May 07, 2013 Working Paper Series 24 downloads The Impact of the Right of Access to Adequate Housing on the Enforcement of Mortgage Agreements and Other Credit Agreements Journal of Contemporary Roman-Dutch Law, Vol. 75, p. 632-657, 2012 C. M. Van Heerden University of Pretoria Date Posted: May 04, 2013 Accepted Paper Series 3 downloads Seven Principles for Equitable Adaptation 13 Sustainable Development Law & Policy 41 (2013), Univ. of San Francisco Law Research Paper No. 2013-18 Alice Kaswan University of San Francisco - School of Law Date Posted: May 03, 2013 Last Revised: May 20, 2013The Economic Perspective: Demand and Supply in the Reduction of Transaction Costs in the ...
(Forthcoming) Dari-Mattiacci, Giuseppe, âThe Economic Perspective: Demand and Supply in the Reduction of Transaction Costs in the Ancient World,â in Uri Yiftach-Firanko, Dennis P. Kehoe and David M. Ratzan (eds.), Transaction Costs in the Ancient Economy, Ann Arbor (MI): Michigan University , Amsterdam Law School Research Paper No. 2013-24, Amsterdam Center for Law & Economics Working Paper No. 2013-06, Giuseppe Dari-Mattiacci University of Amsterdam - Amsterdam Center for Law and Economics (ACLE) Date Posted: April 18, 2013 Accepted Paper Series 31 downloads Peeling the Onion: Legacy Lawsuit Litigation and Act 779 of 2012 Ryan Romero Southern University Law Center Date Posted: April 17, 2013 Last Revised: May 17, 2013
