News & Analysis as of

Deeds Statute of Limitations

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Gray Reed

NPRI Plaintiff Survives Affirmative Defenses

Gray Reed on

Boren Descendants et al v. Fasken Oil and Ranch, LTD, offers something to talk about beyond interpretation of the fixed-or-floating NPRI question.  At issue was this reservation, expressed as a double fraction, in a 1933...more

McGlinchey Stafford

Does the Savings Statute Save My Claim?

McGlinchey Stafford on

The Bullet Point: Ohio Commercial Law Bulletin Does the Savings Statute Save My Claim? Volume 4, Issue 16 August 26, 2020 Jim Sandy and Stephanie Hand-Cannane Savings Statute Moore v. Mt. Carmel Health Sys., Slip...more

Farrell Fritz, P.C.

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining...

Farrell Fritz, P.C. on

A recent case from the Third Department, Shea v. Signal Hill Road LLC, involved a dispute about untrimmed trees that blocked the view of the adjoining property owner to Lake Placid and the surrounding mountains....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 10, 2019

Carlton Fields on

Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more

Allen Matkins

Public Agency Could Validly Accept Dedication After Twenty Years By Physically Occupying the Property

Allen Matkins on

Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019). Prout...more

Gray Reed

Texas High Court Invokes the Discovery Rule

Gray Reed on

In a ruling that could benefit mineral owners who don’t regularly examine county deed records (to-wit, you?) the Supreme Court of Texas in Carl M. Archer Trust No. Three v. Tregellas held that the discovery rule delayed the...more

Gray Reed

The Constructive Notice Doctrine in Action

Gray Reed on

Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully: a. Speed limit sign in small-town (insert name of Southern state). b. Itinerary for that dream vacation, the...more

Parker Poe Adams & Bernstein LLP

NC Foreclosure Statute of Limitations – A Tale of “Zombie” Deeds of Trust?

Let’s face it. Zombies are everywhere. I can’t seem to pass a movie theater or flip a TV channel without seeing or hearing something about them. So of course they were top of mind when I read the North Carolina Court of...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide