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EntitlementThe Paradoxes of Property$
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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

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From Title to Entitlement

From Title to Entitlement

Chapter:
(p.56) Chapter 2 From Title to Entitlement
Source:
Entitlement
Author(s):

Joseph William Singer

Publisher:
Yale University Press
DOI:10.12987/yale/9780300080193.003.0003

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

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