ABA Journal

Real Estate & Property Law

1953 ABA Journal Real Estate & Property Law articles.

Law school clinics tackle challenging issue of heirs’ property rights

Heirs’ property is a name given to a home or land left to family members without an effective deed or will. With no clear title proving ownership, it can be difficult for descendants to sell or lease their property, build equity, or take advantage of homeowner assistance funds or disaster relief.

Supreme Court decision in wetlands case will impair flood control, affect water quality, Kavanaugh warns

The U.S. Supreme Court ruled against the U.S. Environmental Protection Agency on Thursday in its bid to classify an Idaho property as protected wetlands.

SCOTUS rules for grandmother in tax foreclosure takings fight; Jackson again pairs with Gorsuch

Updated: The U.S. Supreme Court ruled Thursday that a 94-year-old woman could pursue a claim that a tax foreclosure sale violated her rights under the Fifth Amendment’s takings clause.

ABA Military Pro Bono Project has been connecting volunteer attorneys to servicemembers in need for 15 years

It hardly makes sense to ask military members to make the ultimate sacrifice for our country—and then deprive them of access to legal services, says Pamela Stevenson, chair of the ABA Standing Committee on Legal Assistance for Military Personnel.

Wins for 2 corruption defendants show Supreme Court’s distaste for broad interpretations of fraud laws

The U.S. Supreme Court on Thursday overturned two public corruption convictions.

Lawyer’s paralegal was fooled by fraudster who changed wiring instructions, suit says

A Connecticut lawyer sent part of the proceeds from a home sale to a fraudster’s bank account, rather than the bank holding the mortgage, a negligence lawsuit alleges.

What legal theory is Disney using to sue Florida Gov. Ron DeSantis?

Disney’s federal lawsuit against Republican Florida Gov. Ron DeSantis alleges that he violated several constitutional protections by retaliating against the company for its political speech.

ABE’s annual grant program sends $300K to 12 innovative projects

Low-income clients overburdened by debt, transgender and nonbinary people who need help changing their names, and youths experiencing homelessness are among the groups supported this year by the American Bar Endowment’s Opportunity Grant Program.

BigLaw CEO bought property partly owned by Gorsuch, who didn’t disclose the buyer

Greenberg Traurig CEO Brian Duffy contracted to buy a property partly owned by Justice Neil Gorsuch nine days after the former appeals judge's confirmation to the U.S. Supreme Court.

When artists gain fame after death, questions can arise over copyright ownership

Several legal fights have pitted family members of an artist who died without a will against parties accused of commercially exploiting the artist’s work. Collectors or entrepreneurs who have obtained an artist’s physical work may then be tempted to try to profit from its underlying intellectual property, but they are different things.

‘King Charles clause’ limits new board overseeing Disney World, put in place after DeSantis’ feud

An agreement enacted by Disney World’s oversight board before its control was turned over to political appointees preserves power for Disney at the expense of the new board—and for quite a long time, thanks to a "King Charles clause."

BigLaw firm seeks COVID-19-era rent abatement in $30M suit

Crowell & Moring has filed a lawsuit contending that it is entitled to a rent abatement and interest totaling $30 million because of a “force majeure event” that interfered with its use of the property.

A horse is a horse—of course? Oregon Supreme Court denies plaintiff horse case review

It was an open and shut case of neglect. The victim in rural Oregon was starved, denied proper shelter and suffered from frostbite and grave injuries. His caregiver pled guilty in 2017 to criminal neglect. A year later, damages were sought for the 8-year-old victim to cover the lifelong medical care necessary for his physical and emotional injuries. But in Justice v. Vercher, the plaintiff is not a child. He is a horse.

Embryo decision citing slavery law is ‘reprehensible and offensive,’ law prof says

A judge’s decision last month allowing a divorced woman to pursue use of frozen embryos is raising eyebrows because of its reliance on an 1849 law that regarded enslaved people as goods that can be bought and sold.

Weekly Briefs: Legal jobs increase in January; 11th Circuit doesn’t rule out execution by firing squad

Legal industry adds 2,400 jobs

The legal services sector added 2,400 jobs in January, according to preliminary and seasonally adjusted figures released Friday by the U.S. Bureau of Labor Statistics.…

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