Megan Dingley | August 12, 2022 | Inside The ALI, Property
Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues...
Norman P. Ho | July 14, 2022 | Property
Below is the abstract for “A Defense of Horizontal Privity in American Property Law,” available for download on SSRN. Under the American common law of property, horizontal privity is required for covenants to run with the land – i.e., for covenants to bind future...
Leslie Kendrick | July 5, 2022 | Property, Torts: Economic Harm
Below is the abstract for “The Perils and Promise of Public Nuisance,” available for download on SSRN. Public nuisance has lived many lives. A centuries-old doctrine defined as “an unreasonable interference with a right common to the general public,” it is currently...
Edward W. De Barbieri and Jordan Fruchter | May 27, 2022 | Property
Below is the abstract for “Digitizing the Warrant of Habitability,” available for download on SSRN. The warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. Under the warranty, a residential tenant’s...
John A. Lovett | July 9, 2021 | Property
John A. Lovett of Loyola University New Orleans College of Law has written “Restating the Law of Prescriptive Easements.” The following is the abstract. Prescriptive easements form an important but often overlooked building block in the architecture of...
