Winstead HOA Law Webinar: Deed Restriction Compliance – Legal Process
Bar Exam Toolbox Podcast Episode 207: Listen and Learn -- Recording Statutes (Real Property)
Preserving Black History in Bucks County, PA, with Recorder of Deeds Robin Robinson: On Record PR
On August 13th, the Consumer Financial Protection Bureau (“CFPB”) published a consumer advisory as well as an advisory opinion addressing “contracts for deeds”, which are also variously called a “bond for deed”, “land...more
On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more
In Koch v. David Fam. Oil & Gas Ints. P’Ship, the Court of Appeals of New Mexico held that the grantee in a deed of distribution executed by the foreign personal representative of an estate can be a bona fide purchaser in the...more
When considering whether to enter into a contract to buy or sell property, you may come across various types of deeds by which title may be transferred. In Washington State, there are three common types of deeds that may be...more
This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more
In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history)....more
When commercial real estate loans go into default, workouts are often pursued to resolve the default by agreement. What are the common forms of workout agreements? For commercial real estate borrowers in default, it’s...more
Due diligence may not be glamorous, but it is the bedrock of a successful deal. Put simply, due diligence is the process of meticulously examining every nook and cranny of a target company’s operations, finances, and legal...more
In Bin Obaid v Al-Hezaimi [2024] EWCA Civ 612, the Court of Appeal upheld a High Court decision in finding that subsequent claims did not fall within the scope of claims which were released under an earlier settlement deed....more
Is a “deed in escrow,” sometimes referred to as a “deed in a box,” enforceable in New York? While many real estate attorneys believe that it is not, a recent court ruling illustrates that the answer may not be as...more
This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral...more
A recent ruling by the Hong Kong Court of Appeal has strengthened the robustness of keepwell deeds as enforceable English law governed obligations. The Hong Kong Court of Appeal has unanimously upheld the appeals of the...more
This morning, June 6, 2024, the Supreme Court of Virginia issued an important decision concerning the construction and modification of restrictive covenants. In Todd J. Westrick et al. v. Dorcon Group, LLC, available...more
What do you do when you learn the old fence that you and your neighbor thought was the correct boundary turns out to be wrong … or when you discover your house or garage has been constructed on your neighbor’s property? Such...more
A recent decision by the Fourth Court of Appeals reiterates the Texas judiciary’s commitment to interpreting the four corners of a document where language is unambiguous, and to giving plain and ordinary meaning to the...more
Could someone transfer your property ownership away from you without your knowledge? One scam takes advantage of the fact that California County Recorders do not vet the contents of deeds to ensure validity: an individual...more
Title fraud in Florida has increased significantly in recent years. This type of fraud typically involves a person forging a deed to transfer someone else’s real property to a shell company formed by the fraudster. The...more
Reading old deeds to trace the ownership history of a property can be a window into the past. Sometimes, you come across something pleasantly unexpected – like someone granting a public easement across their land so passing...more
On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance...more
Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more
In Michigan, every document submitted for recordation with a register of deeds must adhere to MCL 565.201. Among these requirements, the first line of print on the first page of the instrument must display a single statement...more
Since the early 1900’s, your family has owned a 105 acre farm in Greene County, Pennsylvania. In 2024, you and your siblings sign an oil and gas lease with XYZ Drilling Company. The language in the lease states that it...more
Traditionally, real estate must pass through a deed signed by all grantees of the last vesting deed, or if one of the grantees has passed away, then a probate proceeding allows a court to transfer title for the deceased...more
A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways. For example, let’s assume Farmer Joe owned 115 acres in Greene County. In 1981, Farmer Joe sells...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more