News & Analysis as of

Standing Easements

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Easements And Bankruptcy Standing

This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 18, 2020

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Real Property Update - Foreclosure / Subrogation: Trial court erred in entering final judgment of foreclosure in favor of subsequent mortgagee where subsequent mortgagee attempted to preserve and assign an otherwise...more

Pierce Atwood LLP

Mass. High Court Declines to Expand Prior Public Use Doctrine

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In its decision last week in Town of Sudbury vs. Massachusetts Bay Transportation Authority, the Massachusetts Supreme Judicial Court (SJC) declined to expand the reach of the common-law prior public use doctrine. As the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 10, 2020

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Real Property Update - Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more

Pierce Atwood LLP

UPDATE: Mass. High Court Takes Plaintiff Out of Game, Upholds Boston’s Transfer to Red Sox of Easement Rights Next to Fenway Park

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In my post last week on Pishev v. City of Somerville, I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

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Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19408 - NPC Offices, LLC v. Kowaleski - In this case, the Supreme Court reversed the Appellate Court. The Appellate Court had agreed with the Trial Court that a driveway...more

Miller Starr Regalia

Justice Scalia’s Enduring CEQA and Land Use Law Legacy

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With the February 13 passing of U.S. Supreme Court Associate Justice Antonin Scalia, American jurisprudence lost an intellectual giant. But Justice Scalia will not be forgotten; the legacy of his life’s work lives on. While...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 31 & August 7, 2015

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Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 15, 2015

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REAL PROPERTY UPDATE - State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending September 27, 2013

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I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - Foreclosure/Standing: certifying to Florida Supreme Court as question of great public importance whether a plaintiff in a foreclosure action may cure inability to prove...more

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