by Lawrence M. Schonberger *
The study of real property law is, in large part, the study of legal history. In no branch of the law is the imprint of the past more discernible in the present.
- Cornelius J. Moynihan
These words begin Moynihan's 1940 treatise, A Preliminary Survey of the Law of Real Property. Moynihan, a professor who taught real property at the Boston College of Law, published his 139-page book as a case law supplement. My dad swore it got him through first year real property in the late-40s, and he let me borrow his well-worn copy when I had the course in the mid-80s. I'm still "borrowing" it.
In his book Moynihan endeavors to explain the intricacies of springing and shifting uses, vested remainders subject to partial divestment, alienation of the right of entry for condition broken, and a host of other title doctrines we hoped, as law students, we would never encounter in the real world. But as practitioners we encounter those issues from time to time, and when we do it is convenient to have a resource at our fingertips (such as Moynihan's treatise) to help us find the answer.
The publication you hold in your hands is just such a resource. You will note on the cover that this is the first issue of the 22nd volume of THE FEE SIMPLE. For more than 20 years the authors, editors and publishers of this periodical have been providing the members of the Real Property Section of the Virginia State Bar with a study of current issues in real property law as they apply to their practices in Virginia. And over the years the volumes that contain that study have become a part of the treatise on the legal history of real property law as applied in this state.
As you look through this issue you cannot help but notice that it is reflective of the current events that affect and shape our world, both within and beyond our law practices. Our section has more than 1,800 members, and the hope of the contributors to this publication is that its contents provide those members with information that is useful to their practices, and is a part of their continuing legal education. It is my hope that the recipients of this publication (both this current issue and volumes past) recognize that it is a valuable resource, written and produced by their fellow members, who, as volunteers, have added an imprint to the study of our legal history.
*Lawrence Mason Schonberger practices with Fagelson, Schonberger, Payne & Deichmeister, P.C., in Fairfax and is Chair of the Board of Governors of the Real Property Section of the Virginia State Bar. He is a resident of the Town of Leesburg and member of the town's Planning Commission.