Jump to ContentJump to Main Navigation
EntitlementThe Paradoxes of Property$
Users without a subscription are not able to see the full content.

Joseph William Singer

Print publication date: 2000

Print ISBN-13: 9780300080193

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300080193.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 24 May 2022

From Title to Entitlement

From Title to Entitlement

(p.56) Chapter 2 From Title to Entitlement

Joseph William Singer

Yale University Press

This chapter explores another conflict of neighbors and property rights. It examines, specifically, the case of Janet Lucas Breene and William Lucas on their purchase of a condominium in Bismarck, North Dakota. Breene and Lucas sought to lease their unit and asked for permission from the condominium association, who then declined their proposition. Breen and Lucas sued the association on the grounds that there was no mention of this sort of restriction to the use of their unit when they first bought it. Thus a conflict in property rights arises. Breene and Lucas own their condominium unit, but at the same time their ownership is subject to limitation by the owners of other units acting through the association. This conflict exists because of the division of property rights between the unit owners and the condominium association, and because neither the agreement between them, nor the state regulatory statute, clearly states whether the association may impose retroactive restrictions on leasing.

Keywords:   Janet Lucas Breene, William Lucas, property rights, condominium association, division of property rights, unit owners, restrictions on leasing

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.