Property Posts
Who Needs Adverse Possession?
Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the need it answers has been largely misunderstood.
Restating the Law of Prescriptive Easements
For many years, leading treatise writers have advised that if a prescriptive easement claimant establishes that otherwise unexplained use of another’s land has occurred in an open and notorious manner and continued without interruption for the statutory prescription period, the claimant’s use is presumed to have been adverse to the owner. The same leading authorities acknowledge that a minority of courts employ the opposite presumption—that otherwise unexplained use is presumed to be permissive.
Actions Taken at the 2021 Annual Meeting (June Session)
The second segment of this year’s virtual Annual Meeting adjourned this week. Below is a summary of the actions taken on June 7 and 8.
Trespass to Land and Intent
The following entry is excerpted from Tentative Draft No. 2 for Restatement of the Law Fourth, Property. Included below is the Topic Note to Trespass to Land, Generally; § 1.5. Intent Required for Trespass to Land, and Comment b. to § 1.5.
Property Torts
In this video, Henry E. Smith and John C.P. Goldberg discuss the connection property torts has to both Restatements of Torts and Property.
Turning Neighbors into Nuisances
This Article uses a forgotten period in urban development to illustrate the critical interactions among forms of private and public law in identifying the proper subjects of land use control.
Exclusion, Control, and Consequence in 2,622 Zoning Districts
This article describes the basic legal mechanics of zoning and argues it is an important area of study. It reveals that despite the importance of zoning, very few studies have conducted rigorous multi-jurisdictional surveys of actual zoning codes.
Episode 60 – Robert Thomas Discusses the 2021 Eminent Domain Conference
In Episode 60 of “The Eminent Domain Podcast”, Robert H. Thomas of Damon Key Leong Kupchak Hastert talks about this year’s ALI-CLE Eminent Domain Conference, which will be held on January 28 to 29.
Are Apartments a Nuisance? Private Property and The Rise of Zoning
On this episode of Short Circuit, Harvard Law Professor Molly Brady joins us to talk about an untold story from the rise of zoning law.
October 2020 Council Meeting Updates
At its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts.