• DD 1/21 Federal Government Enters Fray on Unauthorized Practice in Consumer Transactions
• DD 1/22 Bargain Price Foreclosure Sale Final Notwithstanding Mortgagee Forgot to Show Up and Notwithstanding Automatic Stay in Place
• DD 1/23 "Resdential Only" Precludes Easements Serving Adjecent Residential Properties
• DD 1/24 Of Bankruptcy, Default Interest, Cram Downs,And All That Jazz.
• DD 1/27 Wild Party Neighbor Nuisance
• DD 1/28 Letting the Ignorant Broker Fill in the Blanks is Negligent Mispresentation
• DD 1/29 Truth in Lending Rescission Right Sometimes (Always?) Must be Matched by Restitution of Loan Amount
• DD 1/30 "Modification Clause" Is Not Effective Future Advance Clause, and Therein Lies a Trap
• DD 1/31 Predefault Conditional Deed Still a Clog After All These Years

• DD 2/4 Fixture Filings vs. Mobile Home Statutes a Michigan Muddle
• DD 2/5 Is "Ignorance of Interest" a Complete Defense to Adverse Possession?
• DD 2/6 Ski Resort Expansion to New Slope Valid as Expansion of Nonconforming Use
• DD 2/7 Strict Liability for Residential Disclosure Form
• DD 2/10 Demonstrative Unhappy Homebuyers: Does Association Have Duty to Repress Them?
• DD 2/11 Unwritten But Intended Easement Grant Supports Prescription
• DD 2/12 Easement Appurtenant Can Arise When Grantee Doesn't Own the Benefitted Property Yet
• DD 2/13 "Redevelopment Stagnation" Not Compensable as Inverse Condemnation
• DD 2/14 Is there a Right to Condemn a Easement of Necessity to Pollute?
• DD 2/17 Will a Court Require "Irreparable Harm" To Enforce a Land Use Covenant?
• DD 2/18 Landlord's Bonanza in Liquidated Damages Case
• DD 2/19 Wild and Wooly Annexation Wars.
• DD 2/20 New Case Affirms Temporary/Permanent Trespass Doctrine
• DD 2/21 "Bubba" Redux: Indiana Court Confused At Best.
• DD 2/24 Courts Permit Restrictions on Apartment Stuffing in College Areas
• DD 2/25 No Judicial Relocation of Easements Even if Injunctive Enforcement not Appropriate
• DD 2/26 One Amazing Zoning Estoppel Case - One Not So Much
• DD 2/27 To Enjoy Charitable Tort Immunity, Organization Cannot Have Primary Support From Government Sources
• DD 2/28 Failure of Refinancing Lender to Close Out Home Equity Loan When It's Paid Off Leads to Big Problems Late

• DD 3/3/03 Maryland Makes New Law on Implied Easement to Extract Minerals redated
• DD 3/4 No Implied Duty to Protect Shopping Center Tenants From Competitionrevised
• DD 3/5 What's Going On With the Uniform Environmental Covenants Project?
• We're Baaaaack: DD 3/25/03 Condemning Authority Can "Cherry Pick" Elements of Lease to Condemn
• DD 3/26 Florida Case Abandons Equity of Redemption in Absolute Deed following Foreclosure Settlement
• DD 3/28 Partial Partition Not An Option
• DD 3/31/03 Access Easement Serving Water Tower Can Also Service Cell Tower
• DD 3/27 Supremes Reverse Cuyahoga Falls Decision - Obeying the City Charter is Constitutional After All

DD 4/01/03 Government military exercises are an exception to the Taings clause - invasions for such purposes non-compensatory and can continue

DD 4/2/03 What the Heck's an Assignment of a Tenant's Lease for Security, Anyway

DD 4/3/03 Three in One Trust is Still a Real Thing

DD 4/4/03 Is New York Providing Due Process in Tax Foreclosures?

DD 4/7/03 "Rent Reduction for Lease Compliance" Analyzed as Liquidated Damages - Fails

DD 4/8/03 Service Rules on Deductibility of Impact Fees - NOT!!

DD 4/9/03 Association Stuck With Forced Transition Upon Developer's Bankruptcy

DD 4/10/03 Important Case on Interim Lender's Duties to Take Out Lender Where Borrower is Tanking

DD 4/11/03 New Jersey Fleshes Out "Continuous Trigger" Insurance Liability for Pollution

DD 4/13/03 Impact of Master Tenant's Bankruptcy Rejection on Assuming Subtenant

DD 4/15/03 "No Harm, No Foul!" LL's Breach of Title Warranty Doesn't Void Lease or Guaranty Absent Injury

DD 4/16/03 The Broker Who Wouldn't Quit -- And Other Bizarre Tales

DD 4/17/03 Two Great Deed Tales From the South

DD 4/18/03 Fraudulent Conveyance Couplet

DD 4/21/03 Is "Good Faith Belief" Measured by Objective or Subjective Standard

DD 4/22/03 Foreclosure Finality Bites Hungry Buyer

DD 4/23/03 Another Center Landlord Fails to Find Shelter Under 365(b)(3)

DD 4/25/03 How Bankruptcy Proof is a Single Member LLC, Anyway?

DD 4/28/03 Dealing with the Noisy Retail Tenant

DD 4/29/03 Very Scare Case Threatens Leases In Landlord Bankruptcy

DD 4/30/03 Banks Almost, But Not Quite, Escape Alleged Escrow Scandal

 

DD 5/30/03 Appurtenant Easement Is, But Ain't, When Acquired By Condemnation

DD 5/19/03 Mechanics' Liens are Unconstitutional says R.I. Trial Judge

DD 5/29/03 Insurance Case Involving Classic Landlord's "Snooker."

DD 5/28 How "Religious" Does Activity Have To Be To Enjoy RLUIPA Protection?

DD 5/27/03 Free Speech Rights Triggered by Street Vacation for Private Development?

DD 5/22/03 Adverse Possession on Public Property Valid if Property Not Designated as Held for Public Use

DD 5//20/03 Massachusetts Corrects Adverse Possession Law - Ignorance of Claim no Defense

DD 5/21/03 Is it time to kill the "no easements in strangers" rule?

DD 5/16/03 Easement Merger Fails As Against Mortgagee of Dominant Parcel

DD 5/15/03 Ambiguity Is Death

DD 5/13/03 Multiple Listing Fees Create Antitrust Problem

DD 5/12/03 Stealing Land From the Homes Associations OK in Mo.

DD 5/9/03 Strict Review of Zone Change Denial Lets Lions and Tigers Roam

DD 5/8/03 City Landlord Terminates Traffic Flow to Food Stand Location; Tenant Has No Remedy

DD 5/7/03 Liability for Location of Bus Stops in Dangerous Places

DD 5/6/03 Can Zoning Discriminate Against Student Uses?

DD 5/5/03 Landlord's Refusal Right (On Improvements) vs. Free and Clear Bankruptcy Sale

DD 5/2 Escrow's Duty to Disclose Erroneous Changes in Document

DD 5/01/03 Class Action on Mortgage Satisfaction Statutes Makes Lenders Blue

D DD 6/2/03 Who's The Trustee, and Why Is He Doing This to Himself?

DD 6/3/03 Option to Renegotiate" Is No Free Lunch DD 6/4/03 Escaping the Statute of Frauds through Constructive Trust

DD 6/5/03 Is Broker's Negligence Obvious Here?

DD 6/6/03 Cities Can Dodge Fed. Law and Hook You Up If Rural District's Charges Are Unreasonable

DD 6/9/03 Ninth Circuit Decision Should Force Rewriting of Mortgage Boilerplate

DD 6/10/03 Equitable Conversion Proves a Useful Judicial Tool

DD 6/11/03 Tax Foreclosure Case Raises Interesting "State Action" Questions

DD 6/12/03 "Reasonable Vesting" Construction Resolves Perpetuities Problems

DD 6/13/03 No Merger in Deed in Lieu Even Absent Anti-Merger Language When This is Likely Mortgagee's Intent

DD 6/16/03 New RESPA Decision Runs Tight Limitations Leash on Class Actions

DD 6/17/03 Client's Holding Property in Living Trust Requires Lawyer's Constant Vigilanc DD

DD 6/18/03 Attorney Liable For Failure to Check for Misindexing!!

DD 6/19/03 Power to Modify CC&R's Includes Power to Add New Assessment and Lien Authority

DD 6/20/03 Colorado Recognizes "Community by Implication" With Right to Assess

DD 6/23/03 Uniform Condemnation Act and Environmental Conditions

DD 6/24/03 Really Awful Lien Priority Decision Wrecks Condo Assessment Foreclosures in Virginia

DD 6/25/03 Assignment of Mortgage Without Note May Block Foreclosure Rights

DD 6/26/03 Does Implied Warranty Require Smoke Detectors

DD 6/30/03 Another Pennsylvania Court rules on misindexed documents as constructive notice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.