News & Analysis as of


Florida Sets 120-Day Deadline on Tax Deed Sale Surplus Claims

by Baker Donelson on

Earlier this month, House Bill 1383, which amends Florida's tax deed statutes, was passed in both houses of the Florida legislature and now awaits the Governor's signature. While the amendments generally provide more guidance...more

Unlicensed Lawyers and Undue Influence – Setting Aside Deed Rejected

by Nexsen Pruet, PLLC on

In a recent unpublished opinion, 2018 WL 679484, the South Carolina Court of Appeals addressed the circumstances under which a deed prepared by an unlicensed attorney would be voided in a challenge that also involved claims...more

Lake Property Ownership: Montana Supreme Court Addresses Riparian Boundary Dispute

The Supreme Court of Montana addressed a dispute between two neighbors over ownership of a portion of a non-navigable lake. Ash v. Merlette, 407 P.3d 304, 307 (Mont. 2017). A lower court (District Court) held that a...more

Spot the defect

by Hogan Lovells on

A County Court decision has examined whether a deed which failed for invalid execution can survive as a simple agreement and whether, when that defect is apparent on the face of the deed, a party seeking to rely on that deed...more

Court Holds That Trust Did Not Violate The Rule Against Perpetuities and That A Beneficiary’s Assignment Of Interests Violated A...

by Winstead PC on

In Bradley v. Shaffer, family members placed mineral interests they inherited into the trust. No. 11-15-00247-CV, 2017 Tex. App. LEXIS 11154 (Tex. App.—Eastland November 30, 2017, no pet.). ...more

Een volmacht is geen vrijbrief (Dutch)

by Dentons on

That is the function of the power of attorney in our legal transactions, at least that was my argument in a recent diptych in Vastgoedmarkt. Apart from a plea for the use of powers of attorney, this contribution also...more

Alabama Supreme Court: Statute of Frauds Does Not Apply When Seller Deeds Real Property Directly to Lender in Purchase-Money...

by Balch & Bingham LLP on

Last month, the Alabama Supreme Court bypassed the statute of frauds and held that, even though one party had clear record title, the dispute over ownership should go to trial. While the opinion purported to apply...more

Supreme Judicial Court Sets Limitation on Chapter 40B’s Broad Grant of Authority to Local Zoning Boards

by Beveridge & Diamond PC on

In a rare limitation on the broad scope of Massachusetts’ affordable housing law, the state’s top court ruled that amendments by a local board to municipally owned deed restrictions are not covered by the law. In the case...more

Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

by Farrell Fritz, P.C. on

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. ...more

The South Carolina Deed Recording Fee and New South Carolina Department of Revenue Guidance

by McNair Law Firm, P.A. on

South Carolina assesses a recording fee on deeds to real property. The South Carolina deed recording fee is imposed for “the privilege of recording a deed,” and is based on the transfer of real property from one person or...more

Conservation Easements: Easement Deed Fails To Satisfy Perpetuity Requirement

by Fox Rothschild LLP on

In Palmolive Building Investors, LLC v. Commissioner, 149 T.C. No. 18, the Tax Court denied a charitable contribution deduction of a donated façade easement because the easement deed failed to satisfy the perpetuity...more

Are Transfers Of Membership Interest In A Single Member LLC Subject To The Deed Recording Fee?

On August 28, 2017 the South Carolina Department of Revenue published Rev Rule #17-5, which updated Rev Rule #15-3 (the “Rev Rul”). The Rev Rul deals with the application of the deed recording fee on real estate...more

Australian Court of Appeal Approves Use of "Holding" Deed of Company Arrangement

by Jones Day on

In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA")....more

How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

by Farrell Fritz, P.C. on

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of how to successfully record a deed in the State of New York, wherein we discussed the various types of ownership interests and how they...more

Detroit Deeds Homes to Owners

by Clark Hill PLC on

Detroit Land Bank Program converts occupants into the owners of foreclosed or otherwise abandoned properties. Fair is fair. This blog often points out abuses of property owners by government agencies and utilities. But it...more

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

by Nexsen Pruet, PLLC on

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of...more

She Did What With the Family Farm? - Top Ways to Challenge a Deed in Michigan

by Clark Hill PLC on

A deed is a legal instrument commonly used to transfer title in real property (i.e. a residence, parcel of land, or family cottage). Although deeds are typically straightforward, certain legal requirements are necessary to...more

NVM-koopovereenkomst in een nieuw jasje (Dutch)

by Dentons on

From 1 May 2017, the NVM will use a new model purchase agreement. The new NVM purchase agreement contains a number of changes to the NVM purchase agreement from 2014. For a detailed explanation of the changes, the article of...more

Water Shortage Restrictions Override Deed Restrictions

Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect....more

Texas Mineral Deeds Survive the Statute of Frauds

by Gray Reed & McGraw on

According to Mr. Bumble, the law is an ass. I disagree (Know a lawyer who’s an ass? That’s another conversation). In Davis v. Mueller the law was not an ass, per se, but as applied by the Texas Supreme Court it showed little...more

Lender's Edge Newsletter

by Polsinelli on

Deeds in Escrow - Deeds in escrow, or “pocket deeds,” have increased in popularity in recent years. But are they the right option in connection with a workout of your distressed loan? Please see full Publication...more

Notary is only liable for transfer tax mentioned in deed of transfer (Dutch)

by Dentons on

Article 42 Recovery Act: There is what is! The court of law in Arnhem pronounced at the beginning of April in a proceeding brought by the Tax Office against a notary under Article 42 Recovery Act. The notary had passed (a...more

Did This “Deed” Convey Fee Simple or an Easement?

by Gray Reed & McGraw on

BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Was it a Mineral Deed or an Oil and Gas Lease?

by Gray Reed & McGraw on

How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals....more

Does it Matter if a Deed Correction is Material?

by Gray Reed & McGraw on

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances....more

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