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The article discusess the history of the oil and gas boom in the U.S. Topics discussed include enactment of Ohio Dormant Mineral Act for governing the same; Chesapeake Exploration, L.L.C. v. Buell court case on oil and gas lease; and examination of courts on the expiration of a recorded oil-and-gas lease. It also mentions about ownership rights of oil, gas and minerals, along with transfer of land titles.

The article focuses on history of the U.S. of Public Land Survey System (PLSS) which is the source of all real estate titles. Topics discussed include Treaty of Paris granted to the U.S. with the most of the land lying east of the Mississippi River, land titles originate with the PLSS survey and several court cases Lawler vs. Rice, Chan vs. Brandt and Kirwin v. Murphey.

The article focuses on the reformation in the field of void deeds, subsequent purchasers, and the recording statutes of Texas. Topics include examination of Texas courts treatment of subsequent purchasers prior to the Texas Department of Transportation v. A.P.I. Pipe & Supply, LLC decision in cases where there was a void instrument in such purchaser's chain of title; recommendations for changing a chain of title containing void instrument; and legal development of the innocent purchaser.

As stories of signing bonuses and the promise of rich gas royalties spread through the local communities in Eastern Ohio, owning land was like owning a lottery ticket. For some, fortunes were made over night. For others, their land was not over the sweet spots of the shale plays. And for others still, what appeared to be their easy path to prosperity was blocked, much to their surprise and chagrin, by title ambiguities. It was at this point that Ohio's dormant mineral rights became litigious, and the Ohio Dormant Mineral Act (ODMA) was scrutinized for the first time. In fact, to say that the ODMA was scrutinized may be an understatement, as local lawyers have commented: "The amount of litigation that has been generated involving Ohio's DMA during the past three years [2011-2014] has rarely been seen with regard to a single statute"¹. Ohio's Seventh District Court of Appeals recently attempted to remedy the ODMA's ambiguities. The appellate court, however, may not have the final word on the matter. The Ohio Supreme Court will review a number of issues in the coming year, and there are still others which may ultimately need to be reviewed. In light of this, this article will evaluate the appellate court's judgments. This study is confined to research the following issues: (1) whether all three appellant panels correctly determined that the 1989 version provides for automatic vesting; (2) whether the court in Eisenbarth correctly determined that the look-back period under the 1989 version is for a fixed twenty-year period; and (3) what is the proper interpretation and application of the title transaction savings event. This Article will argue for automatic vesting, argue against a fixed look-back period, and finally, offer some guidance as to the application of the title transaction savings event. [ABSTRACT FROM AUTHOR]

This Article shows that, in adverse possession disputes, a uniform approach to the claim of right inquiry can produce undesirable results. To reach the desired result in one type of adverse possession case, a court might be forced to adopt a particular approach for determining whether the possessor had the required state of mind ("claim of right"). In a different type of adverse possession case, however, using this same approach might produce a result that the court finds objectionable. Thus, to reach the desired outcome for each type of adverse possession case a court must resolve, a court might be compelled to adopt a different test for measuring the possessor's state of mind. This Article suggests that much of the confusion regarding the claim of right inquiry can be attributed to a failure to recognize the analytical point made herein--namely, that a uniform approach to the claim of right inquiry will often be problematic. Recognizing that adverse possession arises in factually distinct contexts-- and accepting that different rules could apply in each of these contexts--should resolve much of the confusion associated with the claim of right inquiry. [ABSTRACT FROM AUTHOR]

The article looks at the history and development of 10 U.S.C. § 2667, legal authority for most enhanced use leases of property between the U.S. Department of Defense and other entities. Topics discussed include rights associated with property ownership, including the distinction between jurisdiction and ownership, management of the property owned by the U.S. Air Force and recommendations of how the enhanced use lease program can be successfully used in the future.

While several cross-country studies have demonstrated that property rights institutions are crucial for economic growth, empirical evidence of this relationship within countries is limited. This article analyses the link between property rights institutions and development at a local level with two rounds of a unique dataset covering almost all of Madagascar at a level akin to counties in the United States. We find robust evidence that property rights institutions in the form of formal land titles do matter for the emergence of large firms at very low administrative levels. We also find evidence that growth in enterprise development strengthens formal property rights, supporting the notion that the causality between institutions and growth runs both ways even at a low administrative level. [ABSTRACT FROM PUBLISHER]

The article focuses on the history of the American Indian population's fight for sovereignty. Topics include the legal development of the federal acknowledgment process of the U.S. Bureau of Indian Affairs (BIA), U.S. Supreme Court recognition of American Indians in legal proceedings, and land title claims between Indian tribes and U.S. citizens.

The article discusses the history of implementing the Weeks Act, a piece of 1911 U.S. legislation that allowed the U.S. government to purchase land for national forests and created a set of forest fire management standards for the federal and state governments. The author begins by examining the legal background for the Act and its provisions for land acquisition, noting the impact of the Commerce Clause of the U.S. Constitution. Problems encountered by the U.S. Forest Service in surveying land suitable for purchase and then gaining title to such land are then detailed. Issues related to private forestland ownership, especially of mineral resources, within federally-regulated lands are also examined.

The article discusses the aspects of computerization of land records in the U.S. It states that the strategy weakens the rationale behind three of the four chain of title doctrines, wherein the affected doctrines apportion the burden of properly recording to prior purchasers. It notes that subsequent purchasers will be able to locate easily the irregular records because of the system. Furthermore, it points out that state legislatures in computerized jurisdictions should rule against these doctrines.

This paper examines the impact on agricultural development of the introduction of barbed wire fencing to the American Plains in the late nineteenth century. Without a fence, farmers risked uncompensated damage by others' livestock. From 1880 to 1900, the introduction and near-universal adoption of barbed wire greatly reduced the cost of fences, relative to the predominant wooden fences, especially in counties with the least woodland. Over that period, counties with the least woodland experienced substantial relative increases in settlement, land improvement, land values, and the productivity and production share of crops most in need of protection. This increase in agricultural development appears partly to reflect farmers' increased ability to protect their land from encroachment. States' inability to protect this full bundle of property rights on the frontier, beyond providing formal land titles, might have otherwise restricted agricultural development. [ABSTRACT FROM AUTHOR]

The article discusses the legal aspects of what the author refers to as easements by way of necessity, and it mentions prescriptive easements, implied and expressed agreements, and legal protections for easements by way of necessity under Florida's statutes. The legal case Matthews v. Quarles, which deals with a common law way of necessity in Florida, is examined. Florida's Marketable Record Title Act is assessed, along with statutory remedies in the state.

The article provides information on the provisions of the Soldiers' and Sailor's Civil Relief Act (SSCRA) in the U.S. Several sections of the SSCRA are discussed including laws on mortgages and trust deeds, termination of leases, and professional liability protection. It cites various pertinent cases of the U.S. Supreme Court, Tenth Circuit Appellate, and Utah which are decided since 1991. It also presents a lists of secondary sources that provide detailed analysis and sample forms of cases which are related in the provisions of SSCRA. Additional information on the sections of the SSCRA provisions are also provided.

The article focuses on the reasons why there are no implied easements over Indian trust lands. It cites the presence of a number of U.S. statutes that directly govern rights-of-way over these lands. It notes that the unity of title element must be found in the sovereign for the easement to be implied against federal lands, particularly Indian trust lands. Preventing the unauthorized alienation of proprietary rights is said to be the main purpose of Indian trust lands.

The article reports on the recent developments in title insurance law in the U.S. There were nearly 100 cases on title insurance topics during the past year. In three separate cases, courts have interpreted the language of an owner's policy and limited recovery to the named insureds identified in Schedule A. For the time being, it appears that courts are following the policy language defining who or what is the insured under a policy of title insurance. Courts generally look to the language of the policy to define what interest is and is not insured under a policy of title insurance. Thus, if the title issue involves property that is outside of the scope of the description contained in Schedule A of the policy, the general rule is that there is no coverage.

The article discusses early land leases in Cherry Valley, New York. The author states that George Clarke, New York governor from 1736 to 1745, granted leases in perpetuity, a type of lease that is now illegal. The article examines the "31 years or three lives" leases and why they were a successful way of settling land. The author also discusses who benefited from these leases once they were terminated. Settlements in the Mohawk River valley of New York are also examined.

The article focuses on the source of the U.S. government's claim of title to the lands of the Indian Nations. It argues that the claim was put into execution by the planting of colonies upon the shores of the western hemisphere by the English, Dutch and French. The U.S. continued its practice of agreeing to boundary lines between itself and the Indian Nations as the federal Constitution was ratified and entered into force.

Copyright of Canadian Bar Review is the property of Canadian Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses cases on issues about the Revised Article 7 of the U.S. Uniform Commercial Code in 2004. The Nebraska Supreme Court faced factual and legal questions arising from the bankruptcy of Atlanta Elevator Inc. On March 11, 2002 the Nebraska Public Service Commission took the license of Atlanta Elevator and claimed title to all grain in storage.

Investigates the lessons to be learned from the U.S. Supreme Court's disparate treatment of the cases Brown versus Board of Education and Tee-Hit-Ton Indians versus the U.S. Issues on the constitutionality of racial segregation; Significance of the Tee-Hit-Ton case to the constitutional status of aboriginal title in land; Factors that influenced the court's decision in Brown and Tee-Hit-Ton cases.

This study analyzes the 2000 presidential television advertisements in Taiwan and the United States. Contrary to the common cultural assumption that Asian messages are more positive than those in the US, there is no significant difference of acclaims (positive utterances) and attacks (negative utterances) between the two countries. It appears that the cultural influence on utterance functions was overridden by situational factors in campaign communication. Nevertheless, Taiwanese spots differ from those in the US in three aspects, emphasizing character over policy, addressing past deeds more frequently than future plans, and focusing on leadership abilities more often than the US counterparts. Overall, this comparative analysis suggests a character-centered culture of political communication in Taiwan, which is different from the common emphasis of policy over character in Western political advertisements. [ABSTRACT FROM AUTHOR]

Presents a study which examined legal claims of the U.S. on the Western Shoshone lands from the Indian community in Nevada. Historical background on the Western Shoshone land from 1861 through 1991; Lawsuit filed by a tribal government to the Indian Claims Commission; Role of the U.S. Congress in the legalization of land ownership for the Western Shoshone lands.

This paper examines the relationship between transaction costs and the value of full title to mining claims staked under the 1872 Mining Law. Miners can either acquire full title to their claims (known as a mineral patent) or mine unpatented claims. The costs of enforcing claim rights is lower when the claimant holds full title, but the patenting process is costly. The decline in claim disputes after the turn of the century reduced the value of full title, and the demand for patents decreased. An analysis of data from 12 western states for the period 1882-1932 is consistent with this argument. [ABSTRACT FROM AUTHOR]

Focuses on the architectural designs in Jamaica. Impact of the 1692 earthquake on the buildings; Incorporation of details from early deeds in the sketches of early land surveys; Development of creole house.

Analyzes the tax title law in Utah, particularly tax sales of real property for non-payment of local property taxes. Needs of potential purchasers of tax deeds; Explanation of the premises and theories of tax titles; Possible events and circumstances which may invalidate a particular tax sale.

Discusses the role that indigenous ecological knowledge play in protecting and conserving ecosystems and tribal communities in the United States. Exploration of the threat to tribal homelands and treaty rights; Role tribes play in the protection of these lands and rights; Presentation of a tribal perspective to ecological risk assessment and risk management; Areas that must be addressed by federal agencies to protect tribal homelands and resources.

Americans have relied upon freehold land ownership as one of the bases for maintaining individual liberty, adapting different forms of land ownership to that end under different circumstances as the economy, settlement patterns, and general environment have changed through four successive frontier stages of American history. This article identifies the relationship between each frontier stage and prevailing patterns of land ownership as they relate to the maintenance of liberty. These patterns are further delineated by the different political subcultural groupings within the United States, beginning with the distinctive forms of land ownership and organization in New England, the Middle Atlantic states, the South, and the Spanish South west. The first three patterns have applied across the American continent, while the fourth has had to find means to survive within the dominant Anglo pattern that invaded the territory covered by the Spanish system. The article notes the relationship between these patterns and federal and state land law and the parallels between those patterns and the biblical approach to land organization and control. It also notes the special importance of land ownership and organization in a polity organized around the principles of territorial democracy. [ABSTRACT FROM AUTHOR]

In the presence of uncertainty over the title of land (due to fraud or error), a legal system can protect either the current (innocent) owner, or a previous owner who claims title. The predominant system in the United Stares generally awards title to the latter in the event of legitimate claim. Thus, current owners frequently purchase title insurance to provide indemnification in the event of a loss. In contrast, the Torrens system awards title to the current owner, but provides for indemnification of any legitimate claimants. We evaluate these two systems and argue that if transaction costs are low, both promote efficient assignment S title (according to the Coase Theorem), but if transaction costs are high, the Torrens system is more likely to award title to the party that values it the most (namely, the current possessor). [ABSTRACT FROM AUTHOR]

Considers the efficiencies of alternative rules for resolving title disputes between owners and innocent purchases arising out of theft or wrongful behavior of intermediate parties. Redistribution of stolen goods in the United States; Relationship between the placement of innocent purchase risk and theft-related costs under contemporary circumstances.

Comments on two legal articles in the United States in the early 1900s. "Effect of Presumption of Death Upon Marketability of Title to Real Estate," by W.F. Meier; "Title by Devolution of Possessory Rights"; Death intestate of a person who has been absent and unheard of for a long time; Efforts of an heir to recover possession of land possessed by a trespasser after the death of the ancestor; List of legal articles.

The article deliberates upon the element of chance in land title as in vogue in the U.S. In respect of inquiry into title, there is ordinarily a wide difference in practice, as between chattels personal, on the one hand, and land and chattels real, on the other. It is true that in certain classes of dealings with chattels personal, as in the taking of railway mortgages, in the purchase of corporation stock, and in the lending of money upon mortgages, there commonly is a formal examination of title, covering such written data as exist in an available form, and including inquiry into some other matters, such as possession.

Presents news and developments relevant to law and legislation in the U.S. compiled as of May 1893. Changes to entrance requirements of the Harvard Law School; Details about the Lake Front Cases concerning the title to the lands under the navigable waters of Lake Michigan; Admission of declarations to prove the intention of the declarant under evidence laws;.

Focuses on certainty and simplification in land titles in England and the United States. Prevalence of a system of registration of deeds in England; Verification of the genuineness of signatures; Incapacity to contract as by insanity or infancy; Validity and operativeness of a conveyance by a corporation which has previously owned the land; Deliberate acceptance of a benefit under a will; General scheme of title adjudication.

Focuses on the factors affecting the marketability of land titles in the U.S. Terms of the agreement signed between the vendor and the purchaser; Valuation of assets; Details on the statute of frauds.

The article reports that if a will as executed by the testator fails to express his true intentions by reason of a mistake without: any fraud, how far can any court receive evidence of the mistake and afford a remedy. There are a number of English cases in which a court of probate has afforded a remedy to a limited extent. In the U.S. there is but little authority on the subject. Courts of equity have no power to rectify or reform wills, on account of mistake, similar to that exercised by those courts in the case of deeds.

The article presents information about several recent lawsuits in the U.S. In a collision at sea, a vessel in tow was injured by the fault of the tug and a third vessel. It was that the vessel in tow may recover her whole damage from the third vessel. The defendant having been for more than 25 years in actual possession of 15 to 20 acres of land under color of title to a 320-acre tract, the plaintiff brought an action of ejectment to recover the entire tract. It was held that the defendant has acquired title to the 320 acres.

The allocation of income with respect to periods of time is of fundamental importance in both accounting and taxation. Under the accrual basis of accounting the sale is looked upon as one of the best evidences of realized income. However, the determination for Federal income-tax purposes of the time when income is realized from a sale gives rise to such questions, as: a) Is income realized when a contract of sale is entered into by the parties? b) Is there income to the seller when legal title passes? In this paper the time of income realization will be examined with reference to dispositions of personal and real property. The study is based upon reported cases of the Federal Courts and the Board of Tax Appeals. Although the subject of deferred payment sales will be discussed generally, a consideration of installment sales is excluded. In as much as the legal principles applied to sales of personalty in determining passage of title differ from those applicable to transfers of title to realty, the two types of transactions sales will be considered separately.