• DD 0403 Tenant's Indemnity Covers Landlord's Adjacent Premises
• DD 0404 Does Mortgagee Owe Duty of Care to Material Suppliers Almost
• DD 0405 Premises Liability Tidbits
• DD 0406 Are Noise, Dust and Vibration Trespassory
• DD 0407 Is Wastewater Discharge a Taking
• DD 0410 Does Tax Sale Wipe Out Easements Benefitting Other Properties
• DD 0411 Prompt Licensing Decisions Required to Speech Sensitive Applicants
• DD 0412 Odd Cases re Prescriptive Roads
• DD 0413 Important Third Circuit Decision Endangers Junior Lienholders in 13 Bankruptcies
• DD 0417 City Occupancy Limits Meet Fair Housing Challenge
• DD 0418 Good Ole' Deed Description Case
• DD 0419 Cotenants' Follies
• DD 0420 Doctrine of Repose. What Doctrine of Repose. What
• DD 0421 Space Agreement on Federal Recreational Land Confers Few Property Rights
• DD 0424 Supreme Court Says Something, Not Enough, About _New Value
• DD 0425 Second Circuit Mortgage Ruling Raises Covenant Enforceability Issues
• DD 0426 Rents Assignment Activation Statute Cannot Operate Retroactively
• DD 0427 Technical flaw in notice procedure renders IRS tax title void,even as against laches defense
• DD 0428 Punitive Damages in Fair Housing Get Easier(and Easier)

• DD 0501 Insurance case distinguishes between contract rights and actual invasion
• DD 0502 New Federal Civil Forfeiture Law a Welcome Relief to Property Owners_Lenders
• DD 0503 Storage Lien Applies to Thief's Bailment of Your Goods
• DD 0504 Implied approval of lease assignment and release of assignor
• DD 0505 Relationship Between Statement of Reasons for Denial of LandUse Permit and Automatic Approval Statute
• DD 0508 Important New Habitability Case - The Corner Turns
• DD 0509 When is a permanent construction not an improvement
• DD 0510 Easement Scope Issues Examined
• DD 0511 One for the brokers Real Estate Commission Dithering Kills Sanction
• DD 0512 2nd Cir. Ruling on Assessment Penalties and FDIC Succesors
• DD 0515 Acceleration Yield Maintenance Prepayment Clause Upheld in Bankruptcy

• DD 0726 Sale of Foreclosure Certificate Can Trigger Mighty Sales Tax
• DD 0728 Important Constructive Trust IRS Lien Ruling
• DD 0731 Be Cautious in Use (or acceptance) of Word Excepting

• DD 0801 Utah Equitable Servitudes Cannot Apply Outside of Formal Subdivision
• DD 0802 Escrow Agent Need Not Tell You That the Deal is Blown
• DD 0803 Good Faith Improver So What
• DD 0807 Estoppel Certificate Really Mean It!!
• DD 0808 No legal description of the property violates the Statute Of Frauds.
• DD 0809 Does Subrogation Work to Save Refinancing Home Lenders from Hidden Liens
• DD 0810 Zoning Couplet Focuses on Role of Discretionary Judgment
• DD 0811 No merger where mortgagee's and mortgagor's estate are acquired
• DD 0814 Second Circuit Weighs Sublandlord as Environmental Owner
• DD 0815 Federal Law on Condo Conversions Has a Bite!!
• DD 0816 Mortgagee Dodges Defamation Claim Through Preventive Drafting
• DD 0817 Statutory Conditional Lease Termination Not Tolled by Bankruptcy Filing
• DD 0818 Federal Act Aids New Home Buyer Remorse
• DD 0821 Important New Fair Debt Case
• DD 0822 Is a Churchgoer an Invitee
• DD 0823 Watch Out for that Reference to a Seal, At Least in Maryland
• DD 0824 Incorporation of Note in Mortgage Does Note Satisfy Reqts of Statute of Limitations on Mortgage When Date Does not Otherwise Appear in Mortgage; Therefore Statute Runs from Date of Mortgage
• DD 0825 Consequences of Void Private Foreclosure
• DD 0828 Tax Payment Requirement and Adverse Possession
• DD 0829 No Such Thing As Checkerboard Homestead
• DD 0830 Does a purchase condition mean closing
• DD 0831 As is in commercial lease eases landlord duties

• DD 0901 State Law Can Help Protect Pre Bankruptcy Foreclosures
• DD 0905 Agreement to Buy Insurance in Lease is Agreement to Indemnify
• DD 0906 What is a Breach of a _Public Funding Condition Lease
• DD 0907 No Trespass Where Entry Right Obtained by Fraud
• DD 0908 Do Condo Owners Have Vested Rights
• DD 0911 Mortgagee Has No Status in Quiet Title Action Against Mortgagor
• DD 0912 Of Jury Trials, Forms of Action and Title Claims
• DD 0913 Can a Fee be Abandoned
• DD 0914 Good Equitable Case For Lease Renewal Can Go Bad if Youre Naughty
• DD 0915 California Again Cuts Spangler Exception to Purchase Money Antidefiency
• DD 0918 Offer of Dedication Deemed Continuous for 37 Years
• DD 0919 Properly edited. Hawaii goes slow on running covenants.
• DD 0920 Prior Owners Beware!! Ninth Circuit Expands Reach of CERCLE Remediation Recovery
• DD 0921 Tenant's Late Renewal Exercise Excusable in Michigan
• DD 0922 Some Issues on Condemnation by Railroads
• DD 0925 Lenders Freed from Equitable Claims in Michigan
• DD 0926 Does Court Misinterpret Broker's Lien Statute Here
• DD 0927 Does First Refusal Right Apply to a Transfer by Gift
• DD 0928 Telecommunications Forced Access Trashed in Texas
• DD 0929 Tenant Relocation Must be Reasonable

• DD 1003 Even When Lawyers Concur Mistake Was Made, Reformation Denied
• DD 1006 Landlord/Tennant; Default Notice
• DD 1009 Fair Housing and Fair Credit Standards Differ
• DD 1010 Use Shared with Owner May be Hostile, and Not Permissive
• DD 10/22 Deeds, Reformation
• DD 1025 Restrictive Covenant Scheme Can Grow Into Association with Assessment Powers
• DD 1026 Ancient Immoral Conduct and Alcohol Sale Restraints Can Still Bite
• DD 1027 New Extension of Liability for Escrow Agents to Non Parties
• DD 1030 Off Record Notices of Appeals of Record Judgments Are Within Search Burden
• DD 1031 Trustees Release Based upon Forged Request Is Voidable, but Not Void

• DD 1101 Loan Modification Claim Survives SF Challenge
• DD 1102 Default Notice By Unclaimed Certified Mail Not Enough
• DD 1103 Changing Sign Design Does Not Sacrifice Nonconforming Status
• DD 1106 Bkrtcy Consolidation Threat is Real and Troublesome
• DD 1107 Lease Damages in Bkrtcy - When is Rent Really Rent
• DD 1108 Despite Nobleman, Strip Off of Residential Mortgage Liens Becomes Popular
• DD 1109 Binding Arbitration Clause in CC&R's Unconscionable, Void (But Maybe Not Always)
• DD 1110 Defeasance Clause as an Alternative to Prepayment Penalty - Ups and Downs
• DD 1113 Lost Profits on Burned Out Building
• DD 1114 Advertising subdivision lots as residential, estate sized does not prevent developer from resubdividing balance of lots after some are sold
• DD 1115 Mortgagor's Waiver of One Form of Action Also Waives Purchase Money Protection
• DD 1116 Characterization of Lease Into License in Bankruptcy
• DD 1117 Arbitration Clause in Standard Form Purchase Agreement Binding Even Where Contract Induced by Fraud
• DD 1120 Luau Feast of Easement_Recording Issues
• DD 1121 Two Environmental Liability Tidbits
• DD 1127 Waiver of Liability Covenant Does Not Touch and Concern, Cant Run
• DD 1128 Has ESign Killed the Statute of Frauds_
• DD 1129 Useful Case on Relationship of Vendor Fraud and As Is Clause
• DD 1130 Brokers Dodge Three Bullets

• DD 12/1 Can "In Gross" Language Cover 50% Discrepancy?
• DD 1204 Paranoia regarding electromagnetism makes for eminent domain damages in Oklahoma
• DD 1205 No Public Purpose Problem in Asssessing to Donate Pipeline to Utility
• DD 1206 No Writing Necessary for Joint Venture, Even When Property Interests Created
• DD 1207 Is Tenant Obligated to Remove Improvements at Lease End
• DD 1208 New York Legislative Controls Over Judicial Stays of Eviction Are Constitutional (Mostly)
• DD 1211 Is Vendor an Insured Under Vendee's Policy Following Forfeiture
• DD 1212 Condo Associations and Recreational Immunity
• DD 1212 Is Vendor an Insured Under Vendee's Policy Following Forfeiture
• DD 1213 Impact of Tax Sale on Subdivision Restrictions and Assessment Authority
• DD 1214 Buyer's (Yes, Buyer's) Affirmative Disclosure Duty in Arizona
• DD 1215 Fixed Price Refusal Right
• DD 1218 Second and First Mortgages Consolidated Together Prime Condominium Lien
• DD 1219 Tort Liability for Causing Shopping Street Closure at Christmas
• DD 1220 Buyer Cannot Acquire Joint Tenancy Property Through Forgiveness of Single Tenant's Debt Without Knowledge and Consent of Other Tenant
• DD 1221 Is there a Pruneyard in a Big Box
• DD 1222 Lots a Federal Tax Snippets
• DD 1228 Failure of One More Attempt to Hide Wealth to Get Government Health Insurance
• DD 1229 Association Has Duty to Protect Interests of Individual Owners vs. Licensees of Common Areas and Other Intangible Assets of Condominium

 

Items in the Daily Development section generally are extracted from the Quarterly Report on Developments in Real Estate Law, published by the ABA Section on Real Property, Probate & Trust Law. Subscriptions to the Quarterly Report are available to Section members only. The cost is nominal. For the last five years, these Reports annually have been collated, updated, indexed and bound into the Annual Survey of Developments in Real Estate Law, volumes 1-5, published by the ABA Press. The Annual Survey volumes are available for sale to the public. Contact Shawn Kaminsky at the ABA. (312) 988 5260.

Items reported here and in the ABA publications are for general information purposes only and should not be relied upon in the course of representation or in the forming of decisions in legal matters. Accuracy of data and opinions expressed are the sole responsibility of the DIRT editor and are in no sense the publication of the ABA.