The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more
When considering whether to enter into a contract to buy or sell property, you may come across various types of deeds by which title may be transferred. In Washington State, there are three common types of deeds that may be...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things,...more
The Duhig Rule is back, this time in Echols Minerals LLC, et al v. Green et al. Framing the discussion, Duhig v. Peavy Moore Lumber Company and Trial v. Dragon - In Duhig the grantor in a general warranty deed...more
Yesterday, the Court of Appeals of Virginia held where a plaintiff alleges its property is merely in the possession of a third party under a paramount title, it is insufficient to plead actual or constructive eviction, an...more
Davis v. COG Operating, LLC, in construing a Warranty Deed with a reservation of minerals, applied the estate-misconception doctrine and denied the presumed grant doctrine. At issue were three instruments...more
You're negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a "Special Warranty Deed" in exchange for all of the money you will pay. Special Warranty Deed - that...more
The Court of Appeals of Arkansas (“Court”) addressed in an April 6th Opinion a dispute regarding responsibility for the maintenance of a dam. See 2022 Ark. App. 155....more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I.INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s...more
In a closely watched case, the Texas Supreme Court (the "Court") held that the special warranty language used in a special warranty deed “qualifies” an implied covenant that the person conveying the land owns what he/she is...more
Geary v. Two Bow Ranch Limited Partnership* is an example of the havoc an unusual contract provision can create....more
Let’s talk the Duhig Rule and estoppel by deed in Texas. Don’t run away yet. We’ll get to the point quickly and then you can leave....more
Contracts sometimes include arbitration clauses — where the parties agree that certain disputes will be resolved through arbitration instead of through legal proceedings. A recent Florida appellate decision — Hayslip v. U.S....more
The recent Idaho Supreme Court case of Nielson v. Talbot, Docket No. 44864 (Idaho 2018), highlights some risks of dealing in land that has not been surveyed and of using warranty deeds....more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east; in addition to its...more
Key Facts of Real Estate Acquisitions under Floridian Law - LAW I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things,...more
Considering transferring real estate by quit claim deed when your client is transferring his or her home to his or her Trust? Instead, consider transferring by warranty deed, in most instances, as a best practice. ...more
In the past, New York Courts have demonstrated a willingness to apply the theory of promissory estoppel, to overcome the legal requirements of the Statute of Frauds. The Restatement (Second) of Contract, Section 139, endorses...more