Clients have brought actions against their real estate brokers seeking compensation for alleged improper behavior in dealing with the clients and their interests. Courts have typically adjudicated these cases by defining the broker as a “fiduciary” and then applying traditional fiduciary...

This new edition of Korngold and Goldstein, Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance examines both foundational doctrines and emerging trends in real estate lawyering. In particular, the book considers the effects of recent events on the practice of...

The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-five years has revolutionized the preservation of American land. Recently, however, legislatures, courts, practitioners, and commentators have debated whether and how conservation easements...

Conservation easements have revolutionized land preservation during the past thirty years by permitting nonprofit organizations and governments to hold rights that prevent fee owners from altering the natural and ecological features of their land. There has also been an increase over recent...

This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, etc.) made today will have a profound and perhaps negative effect on owners in future generations. It shows that the current architecture of the land transaction system and related rules unduly...

For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject...