Property Owners

News & Analysis as of

Property Owners' Alert: Newly Effective Statutory Requirements for Installation of Water-Conserving Plumbing Fixtures

The real estate industry and the media recently have been focused on the updates to the Title 24 energy regulations (24 California Code of Regulations, Part 5) that became effective on July 1, 2014, and the increased costs in...more

PACE Yourself

Property Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody’s recently...more

When In Doubt, Disclose, Disclose, Disclose

So Joe, who lives and works in Chicago, has decided that he wasn’t getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up...more

Fall 2014 Municipal Revaluations in Connecticut

A number of Connecticut municipalities (see list at the end of this alert) plan to conduct revaluations effective October 1, 2014. For those with commercial real property located in one of the communities on the list,...more

Mechanics Liens — Smart Tools of Construction Industry Professionals, and Bane of Property Owners

In 1791, Thomas Jefferson and James Madison proposed the first mechanics liens legislation in order to promote development in Washington. The Maryland Assembly (which governed Washington at that time) passed the...more

Mind the Details: Make Sure your WRAP Coverage is Done Right

A client recently asked for advice about insuring their development project with a wrap insurance policy. As we talked through the pros and cons, I was reminded of the intricacies of wrap insurance products. Undoubtedly,...more

The Texas Supreme Court Upholds a Vacancy Condition and Refuses to Expand the Prejudice Requirement.

In Greene v. Farmers Ins. Co., 2014 Tex. LEXIS 757 (Tex. Aug. 29, 2014), the Texas Supreme Court affirmed a denial of coverage under a homeowner’s policy because the owner had vacated the home. Plaintiff purchased a Texas...more

Dealing With NIMBYs in Local Land Use and Environmental Approval

A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the...more

Premises Liability 101: Business owner liability for crimes on their property

The legal theory of premises liability holds property owners responsible for accidents and injuries that occur on their property. The law in this area is highly developed and can differ from state to state. Premises liability...more

Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in...more

If the Suit Fits: A Washington Court Clarifies Triggers for the Duty to Defend

Like many other federal and state environmental laws, Washington’s Model Toxics Control Act (MTCA) exposes property owners to strict liability, regardless of fault or intent, for certain types of environmental contamination. ...more

New retainage law goes into effect November 6

Massachusetts enacted a new retainage law that will require owners, prime contractors and subcontractors to pay retainage according to the law’s terms on a construction contract if... ...more

Claimant Must Exhaust Administrative Remedies Provided For In The Financial Institutions Reform, Recovery, and Enforcement Act of...

After defaulting on his Hawaii home mortgage with Washington Mutual Bank ("Wamu") and facing nonjudicial foreclosure, Todd Rundgren (Hello It's Me) and his wife, Michelle (collectively the "Rundgrens"), sued Wamu and JP...more

Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

Changes Made to the Pennsylvania Mechanics’ Lien Law to Protect Holders of Open-End Mortgages and Residential Property Owners

Mechanics’ liens grant contractors and subcontractors an interest in improvements made to real property to secure the payment obligations of owners to contractors, and of contractors to subcontractors. While these liens...more

Property owners encouraged to act now to preserve real burdens

The purpose of this bulletin is to highlight the fact that certain real burdens will be automatically extinguished on 28 November 2014, unless action is taken by property owners to preserve them....more

Naming rights: Finding and naming the proper entities in a premises case

The lawyer looked at the satellite view. The client had circled where the injury occurred – in the midst of a plaza. The injury? Straightforward. Who owned the plaza? A little more complicated. The pondered how to find the...more

Government to Remove Rules Preventing Short-Term Renting of Residential Properties in London

The rules were introduced by the Greater London Council (General Powers) Act 1973 (and amended by the Greater London Council (General Powers) Act 1983). Under these Acts, use as temporary sleeping accommodation in exchange...more

New Jersey Allows Localities To Levy Fines For Failure To Maintain Vacant Properties

On May 15, New Jersey Governor Chris Christie signed AB 347, which authorizes municipalities to impose penalties on a creditor that fails to timely remedy violations related to the maintenance of vacant residential property...more

Chuck Yeager Tackles Numerous Legal Battles

After spending the better part of his life accomplishing what most men could only dream of, the legendary General Charles “Chuck” Yeager has been locked up with legal issues for the past few years. Once admired for being a...more

Mainebiz Real Estate Insider – Reading Between the Liens

Maine has one of the most powerful mechanics lien laws in the country protecting contractors’ rights to get paid for their work, sometimes to the detriment of owners and mortgage holders. A mechanics lien creates a security...more

3 Reasons Why Florida Property Owners Need Title Insurance

If you’ve never purchased a home or other property before, the learning curve can seem overwhelmingly steep. There are forms to sign, authorizations to give, and a seemingly never ending list of questions to answer. Florida...more

Mi Casa es Su Casa! - Planning Considerations Non-Resident Aliens Purchasing a Home in America

Overview - In spite of our many problems as a nation, the quality of life and level of economic opportunity as well as the overall respect for the rule of law, places the United States in a very unique position when...more

Arizona Supreme Court Holds That Property Owner Who Quarreled With Light Rail Construction Should Be Compensated For Lost Access

Late last week, the Arizona Supreme Court handed down a decision that clarified the rights of property owners who lose access to an abutting road and, in the process, reinforced the principle that both elimination and...more

Flash Boys and the Transportation Corridor Act

Michael Lewis' new book, Flash Boys concerns high frequency traders using advance notice of a stock purchase to reap extra profits. Fittingly, the North Carolina Supreme Court's decision in Beroth Oil v. NCDOT was published...more

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