Salzman, Gary I.

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REAL ESTATE SUBDIVISIONS. By Stanley L. McMichael. New York: Prentice-Hall, Inc., 1949.

University of Miami School of Law

University of Miami Law SchoolInstitutional RepositoryUniversity of Miami Law Review12-1-1950REAL ESTATE SUBDIVISIONS. By Stanley L.McMichael. New York: Prentice-Hall, Inc., 1949.Gary I. SalzmanFollow this and additional works at: http://repository.law.miami.edu/umlrThis Book Review is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami LawReview by an authorized administrator of Institutional Repository. For more information, please contact library@law.miami.edu.Recommended CitationGary I. Salzman, REAL ESTATE SUBDIVISIONS. By Stanley L. McMichael. New York: Prentice-Hall, Inc., 1949., 5 U. Miami L. Rev. 185(1950)Available at: http://repository.law.miami.edu/umlr/vol5/iss1/29BOOK REVIEWSRAu ESTATE SUBDIVISIONS. By Stanley L. McMichael. New York: Prentice-Hall, Inc., 1949. Pp. 393. $5.75."ADAM was the first to be given possession of land, subject, however,to certain restrictions," says McMichael. "Through the reported connivanceof his co-tenant, Eve, these .restrictions were broken and the first evictionoccurred . . . Adam had been given no deed to the land and not even aone dollar consideration was on record as having been paid. Indeed, thefirst real estate transaction was actually a conditional lease in perpetuity,contingent upon observance of certain covenants. Violation of one of thesecovenants led, subsequently, to a long series of litigations, which have beenresponsible for more clogged legal dockets than any other phase of humanbehavior."It is in this manner that the author traces the historical trends insubdivision activities to men like W. E. Harmon, "the first man in Americato apply the installment selling idea to real estate . . ;," M. J. Van Sweringen,and the stdry. of Shaker Heights, Cleveland, "probably the largest singlesubdivision, in the world . .. " and Jesse Clyde Nichols, who impressedupon the realty world that "the higher the quality of a subdivision, themore satisfactory it is to its creator and the more money can eventuallybe made out of it by both seller and buyer." He continues on into themore modern subdivision "package" concept-merging into one operationthe creation of a lot as a building site and the construction of the dwellingitself.McMichael states that the subdividers have become the city builders,and his volume deals largely with the problems associated with the acqui-sition, development, and sale of subdivision land. It is, therefore, ofprimary interest to subdividers and realtors.He sets forth the irresponsible action of many subdividers in the past,in failing to study their future markets and in throwing onto the marketlarge numbers of unneeded lots, as the factor resulting in restrictionstending to tighten and extend public control of land development.. Hestates that municipal, county, and state governments have stepped in andplaced restrictions "on the size and use of lots sold, character and widthof streets platted, areas of buildings in relation to lot sizes, type of publicimprovements which must be installed, and various other controls to befound in platting, building, and zoning laws . . . social control of land."It is, perhaps, only this phase of his book which will be of interest to thelegal-minded.The legal aspects of restrictions are given from material by MelvinB. Ogden, member of the Los Angeles Bar, stating that private controlover the development of subdivisions of land by means of "restrictionsimposed in deeds, declarations of restrictions, agreements, and similar con-tracts between the subdivider and lot owners, is of comparatively recentorigin."MIAMI LAW QUARTERLYHere is set forth that the Supreme Court of the United States hasruled that zoning ordinances establishing residential districts are valid,4nd do not violate the due process and equal protection clauses of theconstitution. He distinguishes between valid zoning restrictions, as con-trasted to deed restrictions, noting that in general the two are entirelyseparate and apart; and "that deed restrictions are private contract rightswhich cannot be abrogated by legislative interference, and which operateindependently of zoning regulation."Some of the legal aspects of restrictions are found in his answers tothe questions which confront the subdivider:"Has one a legal right to convey the title to land and imposerestrictions?""What type of instrument should be used for the imposition of therestrictions desired?""... consider the form in which the restrictions shall be created-shall they be covenants, either personal or running with the land, orshall they be conditions subsequent?"The importance of form and wording of t.e restrictions is discussedby the author in analyzing the structure of deed festrictions in the sequencein which they usually appear. He has included much material as "informa-tive on the contingencies and problems that should be considered . ..",but cautions the laymen to consult legal counsel before entering into anycontract or business arrangement based thereon."Can a subdivider of land so restrict sales of his lots that he canprevent, legally, the occupancy of such by non-Caucasions?" is a questionMcMichael covers at length. Here he brings out that many decisions ofstate courts enforced such restrictions as legal for years. He states, how-ever, that the matter was not formally passed on by the Supreme Courtof the United States until May 3, 1948. At that time it ruled "that racesegregation, as applied to the sale of land, was in violation of the firstsection of the Fourteenth Amendment to the Constitution." He refersyou to the legal opinions of the judges of the Supreme Court set forth inShelley v. Kraemer, 334 U.S. 1 (1947). Regarding these decisions renderedby the Supreme Court, McMichael lists eight suggestions "made to softenthe impact of the blow that racial restrictions have received."He has also presented a chapter prepared by Herbert Becker, whileassociated with the Title Insurance & Trust Co. of Chicago, on the legalprecedents involved in "Subdividing the Air". The case of Corbett v. Hill,L.R. 9 Eq. Cases 671, decided in England in 1870, is given as an "excellentcase ...which dealt specifically with the ownership of a vertical columnof air."Again he has used material by Melvin B. Ogden in the chapter onContracts and Deeds, with the comment that "only a few of the salientBOOK REVIEWS 185points have been generally treated . . ." in view of the comprehensive lawrelating to enforcement of contracts and the remedies upon breach.Stanley L. McMichae, rtaltor, appraiser, is also the author of: SellingReal Estate; City Growth Essentials; McMichael's Appraising Manual; Howto Make Money in Real Estate; How to Operate a Real Estate Business;Leases-Percentage, Short and Long Tenn; and How to Finance Real Estate.GARY I. SALZMAN ASS'T PROFESSOR OF MANAGEMENTUNIVERSITY OF MIAMI

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REAL ESTATE SUBDIVISIONS. By Stanley L. McMichael. New York: Prentice-Hall, Inc., 1949.

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