Construction Lien Law: What You Need to Know to Protect Your Company
RALEIGH'S UDO AND THE CITYWIDE REZONING: What's New and How's it Working?
When to file a lis pendens--Martin Desmery, Partridge Snow & Hahn
As soon as we start to think that Delaware’s unclaimed property practices and administration couldn’t possibly get any more egregious, another lawsuit like JLI Invest S.A. et al. v. Cook et al., Case No. 11274 surfaces. The...more
Hall Eady and Spencer Mobley from the Firm’s Title Insurance Litigation Team discussed emerging issues in the world of title insurance including recent interpretations of key terms and conditions in standard form lender’s...more
Generally, the first criterion for determining whether an individual is subject to probate or to estate or inheritance tax in a state is the individual’s domicile at the time of his or her death.
In an increasingly...more
Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more
This is the final article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones v....more
Property Appraisers in Florida will send out Truth in Millage (TRIM) notices to all property owners at some point in the next two weeks. These TRIM notices will show the property tax assessments and market values for 2015,...more
The Delaware bankruptcy court recently denied a debtors’ motion to sell real estate free and clear of a bank’s senior liens on the properties. The court rejected the debtors’ arguments that the bank could be compelled to take...more
The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more
Negligent security provided by property owners is all too common and can cause significant injuries to innocent and unsuspecting people.
In Florida, property owners and occupiers must exercise reasonable care to maintain...more
Property owners should not rely on courts to uphold equitable estoppel claims against local agencies to establish an entitlement to an existing use of property. Under the doctrine of equitable estoppel, a public agency may be...more
It would be unfair (and likely bad faith) for a property owner to terminate a brokerage agreement prior to entering into a sales agreement or lease just to avoid paying a real estate commission. Yet, if a property owner is...more
If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more
Inverse condemnation is a far more complex subject than it may seem at the outset. While condemnation proceedings are initiated by the government to acquire property and pay the owner just compensation, the general rule...more
Construction projects can turn acrimonious — and bad feelings often survive dispute resolution. But think twice before voicing thoughts or opinions about a fellow project participant. A false statement about another’s...more
Thanks to several recent United States Bankruptcy Court decisions in Florida, mortgage servicers should now expect borrowers who surrender their real property in bankruptcy to not contest foreclosure later. Since the...more
Week of July 6 -
In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more
At the end of June, Governor Raimondo signed into law legislation that suspends the running and expiration of all development permits until June 30, 2016. This suspension further expands a permit toll that has been in place,...more
Schafer v. City of Los Angeles; Triangle Center, LLC, Real Party in Interest (6/17/2015, 3d Civil No. E059133)
The California Court of Appeal, Second District, recently re-affirmed the heightened standard for invoking...more
- Supreme Court Advance Release Opinions:
- SC19422 - Awdziewicz v. Meriden
Certain police officers retired, entitling them to pension benefits under the City Charter as previously modified in a separate lawsuit...more
A landlord who discovers that his tenant is engaging in criminal activity often cannot evict the tenant for that reason alone, even if the criminal activity is taking place on the landlord’s property.
Of course, the...more
When two or more individuals own property -- whether it's a condominium, a home, or a piece of land -- the relationship between the owners is very important. The form of ownership of the property affects how property is...more
- Supreme Court Advance Release Opinions:
- SC19305 - State v. Francis
- SC19305 Dissent - State v. Francis
- Appellate Court Advance Release Opinions:
- AC36500 - Castro V. Mortgage Lenders...more
A nonconforming use may continue, and a nonconforming structure may stand, despite their current status of being in violation of a zoning ordinance.
What is a nonconforming use?
A nonconforming use is a land use...more
Despite recent lobbying by industry and other stakeholders for a postponement of its effective date, a law passed in 2013 (Public Act 13-308) will take effect on July 1, 2015 amending existing reporting requirements for...more
It’s not just for homeowners anymore – Arizona Court of Appeals decides a resident of property owned by his trust may still receive compensation from the Arizona Residential Contractors’ Recovery Fund.
A recent Arizona...more
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