Eleventh Circuit rejects publicity rights claim for Rosa Parks

In a well-known case, the Georgia Supreme Court upheld a publicity rights claim brought by the estate of Martin Luther King. Martin Luther King Jr. for Social Change v. American Heritage Products, 296 S.E.2d 697 (Ga. 1982). The court enabled the estate to prevent the sale of plastic busts of Dr. King by a seller who had not been authorized to do so by the estate. However, in Rosa and Raymond Parks Inst. for Self-Development v. Target Corp.,...

Buyer may sue seller for fraudulent failure to mention flooding problem despite "as is" clause in real estate sales contract

When real estate contracts contain an "as is" clause or state that the buyer is not relying on any oral statements made by the seller, some courts hold that the buyer cannot sue the seller for fraud even if the seller lied about the condition of the premises or failed to reveal material facts any reasonable buyer would want to know. But other courts allow claims for fraud on the ground that sellers cannot be allowed to immunize themselves from liability for fraud by contract language. In...

Retroactive restraint on short term leasing by homeowners association upheld by Idaho Supreme Court

When a homeowner's association voted to amend the declaration of covenants, conditions, and restrictions to prohibit short term leasing of units (rentals for less than six months), one of the townhouse owners sued to declare the retroactive restraint on alienation invalid. However, the Idaho Supreme Court found the retroactive restraint to be valid; it neither constituted an unreasonable restraint on alienation or exceeded the scope of the powers of the association to amend the declaration retroactively....

Prescriptive easements require clear and convincing evidence

The South Carolina Supreme Court has joined the majority of states that require proof by clear and convincing evidence (rather than merely a preponderance of the evidence) to obtain an easement by prescription. Bundy v. Shirley, 772 S.E.2d 163 (S.C. 2015)

Prescriptive easement granted for underground utility lines

An easement may be acquired by prescription if one engages in visible ("open and notorious") use of another's property in a continuous manner for the period of the statute of limitations. Most state presume such uses are permissive although a growing minority of states presume permission. A crucial requirement is that the use be visible to the servient estate owner. How then could underground utility lines (which are obviously hidden) be sufficiently visible to be acquired by prescription?

The Massachusetts Land Court ruled that an owner can acquire an easement by prescription for...

Massachusetts state law prohibits covenants that could last forever

Case description here was previously posted but this is an update/correction.

Massachusetts statutes limit covenants to 30 years if they contain no time limitation. Mass Gen. Laws ch. 184, §23. There is an exception for covenants in transfers for public, charitable or religious purposes. Restrictions may be extended beyond thirty years only if, prior to the thirty year time has...

Joseph William Singer

Bussey Professor of Law, Harvard Law School

February 2016