Property Law and Real Estate

A compendium of (all) State's "Law of Void"'s

An order made without any authority at law is a void order.
A void judgment [or order] is, in legal effect, no judgment. By it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one.' [Citation.]" ( Bennett v. Wilson (1898) 122 Cal.
509, 513-514 [55 P. 390].) (Ibid)

"Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal." Old Wayne Mut. I. Assoc. v McDonough, 204 U.S. 8, 27 S.Ct. 236 (1907); Williamson v Berry, 8 How. 495, 540, 12 L.Ed. 1170, 1189 (1850); Rose v Himely, 4 Cranch 241, 269, 2 L.Ed. 608, 617 (1808).

The Administration of Estates involves a number of principles which define the responsibilities that attend the office of the personal representatives of the estate of the deceased. The usual assumption is that the minor has no stake in the administration of estates as he can neither be appointed an administrator nor take the mantle of executorship until he attains majority in either case. It is contended that this assumption is not entirely correct as the minor plays some critical part in the said exercise through the mechanisms of guardianship and trusteeship. Personal representatives are equally not immune to liability where minority interests in the estate of the deceased are compromised. This paper discusses the place of the minor in the administration of estates as a subject of limitations and an object of liabilities.

Turkish and Swiss Civil Law grant to heirs the right to establish a statutory charge on immovable property in order to secure their claims arising from the division of immovable property which belonged to the community of heirs. This debt arises in the event of inequality (not intended by the testator) between heirs concerning the division and the formation of portions. The statutory charge is created when it is recorded in the land register. In this article, the statutory charge which secures the debts arising from the division of immovable property in the community of heirs will be analyzed.

Türk ve İsviçre hukuklarında, miras ortaklığının paylaştırılmasında ortaya çıkan denklik bedeli alacağına ilişkin olarak mirasçıların tescile tabi kanuni ipotek kurması imkânı tanınmıştır. Denklik bedeli alacağı, mirasçılar arasında paylaşım yapılırken oluşturulan paylarda (mirasbırakan tarafından özellikle kastedilmemiş olan)  bir eşitsizlik söz konusu ise ortaya çıkar. Bu alacağı güvence altına almak için, alacaklılar tapuda kanuni ipotek tescilini talep edebilirler. Bu makalede, miras ortaklığının paylaştırılmasından kaynaklanan denklik alacağını teminat altına almak için kanunen düzenlenen tescile tabi kanuni ipotek hakkı incelenecektir.

Everyone has an estate. No matter how large or how modest. what happen to the estate when you pass away? When that happen and it is a matter of 'when' and not 'if', you probably want to control how those properties are given to the people you care about. To ensure your wishes are carried out, you need to provide instruction stating whom you want to receive something of yours, what you want them to receive and when they are to receive it, you will of course want this to happen with the least amount paid in taxes, legal fees and court cost. 1 Estate planning methods or tools include Will, Trust, Beneficiary Designation, Power of Attorney, Property Ownership (Joint tenancy, Tenancy in common, Tenancy by the entirety) Gift etc. Will and Trust are the most popular estate planning tools, however, choosing the best method is a result of consideration of many factors which are dependent on the extent of the estate.

Section 141 of P.D. No. 1529 refers to the judicial confirmation of imperfect or incomplete titles to public land acquired under Section 48(b) of Commonwealth Act C.A. No. 141, or the Public Land Act, as amended by P.D. No. 1073. For purposes of land registration under Section 141 of P.D. No. 1529, proof of specific acts of ownership must be presented to substantiate the claim of open, continuous, exclusive, and notorious possession and occupation of the land subject of the application. Applicants for land registration cannot just offer general statements which are mere conclusions of law rather than factual evidence of possession. Actual possession consists in the manifestation of acts of dominion over it of such a nature as a party would actually exercise over his own property.

In the last year, two major cities—Buffalo, New York, and Hartford, Connecticut—have changed their zoning codes to eliminate minimum parking requirements. Despite seeming mundane, this change may become the single most impactful zoning regulatory reform of the 21st century.

The valuation of real estate is a central tenet for all businesses. Land and property are factors of production and, as with any other asset, the value of the land flows from the use to which it is put, and that in turn is dependent upon the demand (and supply) for the product that is produced. Valuation, in its simplest form, is the determination of the amount for which the property will transact on a particular date. However, there is a wide range of purposes for which valuations are required. These range from valuations for purchase and sale, transfer, tax assessment, expropriation, inheritance or estate settlement, investment and financing. The objective of the paper is to provide a brief overview of the methods used in real estate valuation. Valuation methods can be grouped as traditional and advanced. The traditional methods are regression models, etc. MRA has been implemented by many researchers to study valuation of real property cite that MRA is possible for coefficient estimates and factor weightings using a large number of actual sale cases.

The topic is about best ways to set up 100% foreign owned business legally in Nigeria. The paper cover laws, due diligence, registration of companies, immigration law, regulations, compliance required for the full take-off of a foreign owned business in Nigeria as stipulated by Companies & Allied Matters Act LFN 2004 and other statutory laws.

When laymen imagine or think about the proceedings in court, they imagine lawyers animatedly arguing their client’s case in front of a judge. But, really, the time spent on matters in court these days is consumed by the filing of and response to pleadings. This topic is very germane because a lot of cases have been lost in court by majority of legal practitioners, due to inadequate or insufficient pleadings in proof of title to land.

This essay focuses on graffiti – the practice of illegal writing and painting on trains, walls, bridges, and other publicly visual surfaces. Although the practice of uncommissioned painting of images on walls dates back to the dawn of civilization, graffiti in its current form is a distinct social and artistic phenomenon that started in New York and Philadelphia in the 1960s, has grown into an international movement, and is constantly expanding, despite substantial efforts to fight it on the part of the authorities. Scholars from a variety of disciplines have studied graffiti, revealing the diverse social and economic backgrounds of the painters, their various motivations, and the different forms graffiti paintings take. Despite this diversity, several scholars suggested that all graffiti communicates a common message. This message reveals and challenges the hegemonic power of property, commerce, and politics that dominate our visual environment. In addition, graffiti opposes the is...

Historic Preservation in a Nutshell provides the first-ever in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic Preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Click here to read a book review from the National Trust for Historic Preservation.

The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional rules of property law. Banks helped create the crisis by marketing mortgages through unfair and deceptive practices. They induced many consumers to take out high-priced loans they could not afford and then passed the risk to investors who were fooled into thinking these were safe investments. These practices violate traditional norms underlying both consumer protection and securities regulation statutes. In addition, U.S. banks greased the wheels of the mortgage securitization process by creating a privatized mortgage registration system that has undermined the clarity and publicity of property titles. Because of securitization procedures and the lax record-keeping practices, the banks have undermined the property recording system; we no longer have clear public titles to real property in the United States. To fix the mess they left us, we must adopt norms to govern the mortgage market that will protect both homeowners and investors from predatory loans while promoting legitimate property transactions. We also need to fix the mortgage registration system so we have a legal infrastructure for property that both works well and reflects the norms of a free and democratic society.

IN NOVEMBER 1941, David Tishman's two sons were on top of the world. Both were recent Ivy League college graduates, newly married, with bright career prospects in the family company. i Bob was lanky and thoughtful; Alan, two years his junior, was similarly tall but broader and more outgoing, a born salesman. While working, Alan was taking accounting and law courses at New York University, as his father had done thirty years earlier. Bob had just finished a law course at Columbia. " You don't have to get a law degree, " Alan remembers his father advising, even though David had one. " Just take enough courses to know when to hire a lawyer. " ii [Emphasis added.] To paraphrase the David Tishman quote, above, you don't have to have a law degree, you just need to know enough about real estate law to know when to hire a lawyer.

This is, arguably, the foundational theme of Real Estate Law: Fundamentals for The Development Process. However, even someone with a law degree but who has not been exposed to real estate law as a professional discipline, will benefit from what's presented in this textbook.

This document reflects the most-recent draft of the Foreword for Real Estate Law: Fundamentals for The Development Process, due out in early November from Routledge.