Landlords, criminals, and liability

Article Abstract:

Several recent cases have augmented the rules for when landlords will be held liable for criminal activity by third parties that harms tenants. Courts are much more likely to hold landlords responsible when they have had notice of either criminal activity within or around their buildings or of breaches in security and when their subsequent failure to take preventive action is found to be the proximate cause of the tenant's injury.

Landlord and tenant, Landlord-tenant relations, Third parties (Law), Criminal liability, Liability for condition and use of land

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Real property could use some updating

Article Abstract:

Real property law is too reliant on outdated notions of property that have lingered since the earliest property ownership systems but are now a burden. Streamlining and clarifying real property law could be accomplished simply by eliminating many of these rules and notions. These include fee tails, the doctrine of worthier title, rules against perpetuities, mechanics liens and Article IX UCC fixture and mortgage priorities.

Real estate, Real property, Land titles, Mechanics' liens

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The option to violate the rule against perpetuities and other thought on civil disobedience in common law real property

Article Abstract:

The Utah Court of Appeal's ruling that an option agreement violated the rule against perpetuities violated an option agreement in Coulter and Smith v. Russell is discussed. Further pointers to avoiding rule against perpetuities applicability to options are also given.

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