2004 Daily Development files

   Scroll by Month:-

January
February
March
April
May
July
August
September
October
November
December

JANUARY

• 1/07 Landowners Liability; Dangerous Condition
• 1/08 Landlord/Tenant; Landlord's Remedies; Eviction; "Yellowstone" Injuctions 1/09 Mortgages; Characterization; Equitable Mortgages
• 1/12 Construction; Uniform Construction Code; Enforcement
• 1/13 Taxation; Property Taxes; Spot Assessments; "Assessment Maintenance"
• 1/14 Zoning and Land Use; Exclusive Zoning
• 1/16 Interstate Land Sales Full Disclosure Act; Agency
• 1/20 Options; First Refusal; Duration
• 1/21 Eminent Domain; Environmental Contamination
• 1/22 Servitudes; Constitutional Law; Adult Business
• 1/23 Taxation; Property Taxes; Spot Assessments; Assessment Maintenance
• 1/26 Vendor/Purchaser; "In Gross" Sales
• 1/27 Mortgages; Due On Sale; Restraints On Transfer; Installment Land Contracts
• 1/28 Easements; Scope; Cemetery Rights
• 1/29 Vendor/Purchaser; Misrepresentation; Liability For Agent's Acts
• 1/30 Landlord/Tenant; Extension and Renewals; Tenant's Exercise

FEBRUARY

• 2/02 Relationship Between Noise Zoning and Free Speech?
• 2/03 Holdover Can Be Implicit Exercise of Extension Option?
• 2/04 Bankruptcy Voids Tax Sale Even After Hammer Drops if Deed Still Undelivered?
• 2/05 Prune yard Quietly Infiltrates Florida?
• 2/06 Summary of Minimum Lot Size Constitutional Decisions?
• 2/09 Landlord Stuck With Bankrupt Tenant's Leavings?
• 2/10 "Loan Splitting" Under Truth In Lending?
• 2/11 Distinction Between Use Variances and Dimension Variances?
• 2/12 How to Characterize a Self Service Storage Arrangement?
• 2/13 Court Discretion on Administrative Expense Payment Foils Toy Store Scheme?
• 2/16 Rare Case - Restriction of Access IS a compensable taking?
• 2/17 When You Exercise an Option, Must You Include the Check?
• 2/18 Business Judgment Rule and Allegations of Self Interest on Condo Boards?
• 2/19 Is There Duty to Defend Preexisting Defects Following Insured's Special Warranty Deed?
• 2/20 Beyond Implied Warranty - Landlord Liability for Defective Supplied Chattel?
• 2/23 When is Pollution a Continuing Trespass? Redux?
• 2/24 Is there "property" in the image, rather than just in the photo??
• 2/25 Does Mortgagee Keep Surplus Proceeds of Builder's Risk Insurance??
• 2/26 New and Intriguing Case on Letters of Credit as Tenant Security in Bankruptcy?
• 2/27 Liability Coverage on Office Premises Insures All Activities Controlled from the Office?

MARCH

• 3/01 Amazing Damages Case. $33 Million to Restore Property to $107,000 Value, and They Don't Have to Spend It For That!!!!!
• 3/02 Earnest Money Forfeiture Clause Does Not Bar Specific Performance Action
• 3/03 Variance Hardship Can't Be "Self Created"
• 3/04 Shoveling Sand Against the Sea - Accretion or Avulsion?
• 3/05 Would YOU Evict for this? Can't in New Jersey.
• 3/15 When Will Bankruptcy Court Uphold Pre-Filing Consent to Lifting of Stay on Foreclosure?
• 3/22 Another Implied Continuous Operation Claim Flops
• 3/23 Is Renewal Option at "Market" Illusory?
• 3/24 Resolving Conflicts Between Estoppel Certificate and Reality
• 3/25 "Common Law" Fraudulent Conveyance Concept Exists * Addition to Statute*!!
• 3/26  Implied Dedication by Attaching Plat to Deed? Nah!!
• 3/29 An Early Salvo of the Battle Over Required Terrorism Insurance
• 3/30 "Can They Drill From Your Lot to Access a Neighbor's Oil?
• 3/31 "Time of Essence" in Sale Agreement - What's it Mean - Really?

APRIL

• 4/01 Mississippi Court Finds Adverse Possession Law an Unconstitutional Taking
• 4/02 Application of Refusal Right to Sales of Cotenant's Interest
• 4/05 Latest Decision on "As Is" vs. Fraud
• 4/08 Insurer Pays Punitive Damages in Commercial Builder's Risk Insurance Case
• 4/09 Problems with Perfection of Assignment of Real Estate Contract Proceeds
• 4/12 Latest on Uniform Electronic Recording Act Drafting Process
• 4/13 Noose Tightens on Lis Pendens Filers
• 4/14 Can Dominant Tenant Relocate an Easement?
• 4/15 Landlord's claim for bankrupt tenant's failure to maintain not an administrative expense, when tenant occupies for two years after filing.
• 4/16 Does Failure to Record Power of Attorney Nullify a Deed?
• 4/19 Can Mortgagee Require Insurance Beyond Loan Amount?
• 4/20 Escrow Dilemma Caused by Weak Instructions, Weak Will
• 4/21 Important Article Nine Case on Sufficiency of Nicknames in Filings
• 4/22 One airport a nuisance to another.
• 4/23 New Case on Search Burden for Electronic Filed Docs
• 4/26 Title Insurer avoids inadvertent agreement to insure personal property against construction liens.
• 4/27 Another New York Constitutional Notice Fiasco
• 4/28 Lender Liable for Intimidating Defaulted Borrower's Tenants
• 4/29 Landlord Can Collect Selling Expenses as Mitigation for Abandoned Lease
• 4/30 Does Mississippi Stray in Confusing Implied and Necessary Easements?

MAY

• 5/03 When Does "Premises" Mean Less?
• 5/04 First U.S. Circuit Court Ruling on "De Facto Anti Assignment Clauses" in Shopping Center Leases
• 5/05 New York Limitations Statute re Mold Claims Protects LL's
• 5/06 Can Overhanging Tree Limbs Become Prescriptive?
•  5/07 Texas Court: Tenant Not on Constructive Notice of Recorded Restrictive Covenants

JULY

• 7/06 Mass Mistakenly Adopts Restatement Approach on Mortgage Relocation
• 7/07 $8 Million Earnest Money Forfeiture in Residential Deal Upheld - No "Reasonableness" Necessary
• 7/08 It's More Than Just the Wind. New Preemption Thinking from Illinois Exposes Lenders to Big Usury Risks.
• 7/09 Mortgagee Can't Undo of Release, Even if Borrower Wants It To.
• 7/21 DD's Return: Carve outs for Attorney's Fees Must be Very, Very Clear
• 7/22 D.C. Circuit Upholds OTC Reinterpretation of Parity Act Purposes
• 7/23 Does Recorded Easement Agreement With Ambiguous Description Impose Inquiry Duty to Divine Easement Location?
• 7/26 Liability of Managing Spouse for Tortious Interference with Sale of Owner Spouse's Property
• 7/27 No Attorney's Fees for Tortious Waste (unless you're very careful)
• 7/28 Premises Liability for Strip Adjacent to Sidewalk? Yes!!
• 7/29 Can an Attorney Commit A Client in a Real Estate Deal?

AUGUST

• 8/02 Tenant Bonanza in Texas Residential Security Deposit Case
• 8/03 Michigan Overrules Poletown!! Latest Salvo in Property Rights Movement vs. Government Economic Redevelopment.
• 8/05 Prepayment Charge Applies Following Acceleration for Default Even Where Documents Fail to Specifically So Provide
• 8/06 "Bad Daily Development for TuesdayBoy" Carve Out Clause Enforced vs. Principle & Guarantor
• 8/09 Can Brokers Escape Duty to Disclose Known Latent Defects Through "As Is" Clause in Sale Agreement?
• 8/10 Is grant "for access and egress" really an easement?
• 8/11When the job is to "maintain the exterior," how deep do we go?
• 8/12 Should we construe ambiguity against the drafter? NO!!
• 8/13 Lis Pendens Limits: Fraudulent Conveyance (yes). Constructive Trust (no)
• 8/16 Does public trust status of private seashore mean that owner has essentially no right to exclude?
• 8/17 Can Maximum Sign Limit Rule Differ Based Upon Number of Tenants in Building?
• 8/18 Does Radius Clause Benefit a Dark Tenant and Burden a Successor Landlord? Yes - in New York.
• 8/19 Perpetuities Rule Doesn't Strike Again in New York Lease Option Case
• 8/20 Is Contractor liable for injuries when sidewalk slabs divide ten years later?
• 8/23 Title Insurers Get Help in Enforcement of Binding Arbitration
• 8/24 Can Unlicensed "Consultant" Hide Behind "Sale of Business" Exception to Broker Licensing Laws?
• 8/25 Personal Property Escrowed in Workout; Bankruptcy Post Default but Before Delivery; Not in Estate
• 8/26 Block that bankruptcy sale if you claim an interest!!
• 8/27 First Response to HUD That Individual Apartment "Main Entrances" Must be Handicapped Accessible
• 8/30 Zoning Officials Immune from Liability for Bad Faith Decisions if Good Faith Basis Exists
• 8/31 Equitable Merger Rule Can Destroy Variance Expectancies

SEPTEMBER

• 9/01 Tax Sale Notice Adequacy May Depend on Disparity between Value and Tax Claim
• 9/02 Reliance on Tax Counsel Opinion No Defense to Tax Penalties -You Have to Read and Understand Them!!
• 9/03 Easement By Necessity Case Covers All the Bases
• 9/07 "Exit Fee" Is not a disguised prepayment fee or default charge. - First impression case.
• 9/08 New case affirms Entireties protection in bankruptcy
• 9/09 Servient's Speed bumps on easement permitted here.
• 9/10 Can Authority Evict Tenant for Keeping a Convicted Murderer on Premises?
• 9/13 Impact of Bkrtcy Free and Clear Sale on Third Party Adverse Possession Claims
• 9/21 Can Attorney Fee Demand in Exchange for Mortgage Release Violate Fair Debt Act?
• 9/22 Where lease provides for specified LL remedies "at its option," this does not mean that LL is limited to those remedies listed.
• 9/23 Bombshell Arbitral Award of Punitive Damages Drives Lenders to Reexamine Arbitration Provisions
• 9/24 Finally - a strong bad faith filing case involving cap on landlord's claims.
• 9/27 Are redevelopment project developers subject to Public Trust Doctrine, open meetings laws?
• 9/28 Commercial Retaliatory Eviction - Its Day Has Not Yet Come
• 9/29 Can Restrictive Covenant be Selectively Amended in Non Uniform Way?
• 9/30 New One Form Of Action Decision on Mixed Collateral Foreclosures

OCTOBER

• 10/01 Adverse Possession vs. Acquiescence
• 10/04 Liability for Drunk Driver on Your Private Road?
• 10/05 Can Uncontracted Broker Collect a Commission? Let Me Count the Ways . . .
• 10/13 Does Retail Landlord Have Implied Duty to Maximize Tenant's Business Chances?
• 10/14 Prepayment in bankruptcy? What did state foreclosure court say?
• 10/15 Exclusive rights provision must take into account broad prior permissions.
• 10/18 Unrecorded but known senior interests cut off by New Jersey foreclosure (sometimes).
• 10/19 Public Forum for Free Speech on Private Property? It's All in the Cement(?)
• 10/20 Does Unenforced Ejectment Order Terminate Continuous Adverse Possession?
• 10/21 Prior owner not liable for injury due to conditions it negligently created.
• 10/22 Contract to obtain building materials for construction project is not a UCC sale of goods, and not subject to UCC S/L.
• 10/25 Problems Filing Mechanic's Liens Against Condos
• 10/26 Agency Liability for Sales Associate's Fair Housing Sins. Theories Abound.
• 10/27 Is mortgagee's continual postponement of foreclosure a failure to mitigate damages against third parties?
• 10/28 Oodles of Issues on Extensions of Statutory Redemption (Michigan)
• 10/29 Agreements to negotiate. Washington waffles.

NOVEMBER

• 11/01 What's Happening With the Draft of the Uniform Assignments of Rents Act?
• 11/02 Are benefits of exclusive use clause transferrable to property outside of center?
• 11/03 Earnest monies "earmarked for closing" cannot be reached by seller's creditor.
• 11/04 County can't condemn leasehold simply because it has power to condemn fee.
• 11/05 Can a Sublessee Get Equitable Protection from Eviction by Master Landlord on Sublandlord's Default?
• 11/08 California develops law of waiver of negligence in commercial leases.
• 11/09 Can Inspector Limit Liability for Septic Report to Conditions on Day of Inspection?
• 11/10 Is a halfway house a "single family dwelling?" Not in Pennsylvania.
• 11/11 Broker lists to sell, client leases instead, what about the commission?
• 11/12 Liability of Dam Builder for 100 Year Flood
• 11/15 Landlords: Don't Let the Bedbugs Bite - Implied Warranty Will Bite You!!
• 11/16 1866 Severance Gives Rise to 2004 Easement by Necessity
• 11/17 Is a Non-Exclusive Hunting Right a "Lease" for Recreational Immunity Purposes?
• 11/18 Jack Murray on Transfer Taxes and Pre Confirmation Sales.
• 11/19 Foreclosing Mortgagee's Rights to Casualty Insurance Proceeds
• 11/22 Possessory activity cannot give rise to easement by implication.
• 11/23 Sold out mortgagee reattaches following tax sale redemption.
• 11/24 When diversion of rents from mortgagee constitutes "fraud."
• 11/29 Rule Against Perpetuities - "Wait and See" Explained
• 11/30 Two Cases Involving Allocation of Real Estate Contract Pr

DECEMBER

• 12/01 New Prepayment/Acceleration Case Finds Penalty
• 12/02 Does Demanding that Spouse of Tenant Guarantee a Lease Implicate Equal Credit Opportunity?
• 12/03 Bankruptcy Transfer Tax Exemptions for Non Bankrupt Parties? Yes!!!
• 12/06 Does "like kind and quality" mean that the insurer need only replace with identical roof?
• 12/07 Beneficiary Deed Blues
• 12/08 Can a Principle/Co-Guarantor Acquire the Note and Sue the Co-Guarantors? OK in Waco!!
• 12/09 Statute of Repose Cures Liability for Negligent Landfill
• 12/13 Latest New York Pronouncement on Terrorism Coverage as "All Risk"