Real Estate, Condemnation & Trust

Practice Points

2019

Extra Care Required When Amending a Trust to Affect Beneficial Interests
By Thomas J. McIntyre – January 16, 2019
Maryland high court reminds practitioners to look beyond the precise wording of certain provisions of a trust and view the entire trust instrument as a whole to discern the settlor’s intent.

Recent Yahoo Litigation Allows for Disclosure of Decedent’s Stored Communications
By Brendan E. McGough – January 16, 2019
You've got mail...maybe.

2018

A Checklist for Insuring a Short Sale
By Jason Bergman – June 20, 2018
Short sales are not only nuanced but also quite onerous.

2017

Checklist for Insuring a Deed-in-Lieu of Foreclosure
By Jason Bergman – November 27, 2017
A few tips, applicable in many jurisdictions, to make your next transaction easier.

Penn Central Has Officially Been Squared
By Nicholas P. Shapiro – October 31, 2017
The Supreme Court applies a multifactor test in Murr v. Wisconsin to determine the property taken by regulation.

Confidentiality of Tenant Litigation to Avoid Blacklisting
By Ralph H. Schofield, Jr. – May 23, 2017
Legislative activity in New Jersey may signal more legal protections for tenants from blacklisting and unfair retaliation by landlords.

Partial Victory for Miami in Housing Suit, but Hurdles Remain
By Patrick Gallagher – May 22, 2017
The city has standing to sue lenders for violations of the Fair Housing Act's antidiscrimination provisions.

Top 10 Tips for Civility and Professionalism for New Lawyers
By Danielle Andrews Long and Kendra L. Berardi – April 25, 2017
Learn how to go beyond simply adhering to the ethical rules in your jurisdiction.

Top 6 Tips for Communicating with Your Title Insurance Company
By Jason Bergman – April 25, 2017
Learn how to make correspondence with an underwriter less daunting.

When Is a Landlord Liable to a Tenant’s Contractors and Suppliers?
By C. Knox Withers – March 21, 2017
The answer depends on the law in the jurisdiction in which the property is located and the surrounding circumstances.

Tips for Handling an RLUIPA Lawsuit
By Michael Knapek and Steven Dimitt – March 17, 2017
As churches and religious organizations grow and expand, they may face opposition from the same community they intend to serve.

The Effect of Jesinoski v. Countrywide Home Loans, Inc. on Litigation under the Truth in Lending Act
By Justin E. Fine – February 27, 2017
One of the more popular contentions in this Supreme Court case is that it recognized an “automatic rescission” of certain loans upon delivery of a written rescission notice to the lender.

Supreme Court of Nebraska Provides Guidance on UTC Mandatory Duties of the Trustee and Effectiveness of Exculpatory Clauses
By Yara Kass-Gergi – February 27, 2017
The case is Rafert et al., v. Meyer.

Infrastructure Gets Top Billing from President Trump
By Fred Wagner – January 27, 2017
Despite some initial rumblings about more government spending, it seems likely that enough members of both parties could work with the White House to pass a major infrastructure initiative.

How to Avoid Commercial Lease Audit Litigation
By David Marmins and Sam Lyddan – January 11, 2017
Lease audits have become a fact of life in the commercial real estate industry.

2016

Comparable-Sales Evidence in Condemnation Cases
By Neal J. Suit – November 20, 2016
What does “comparable” mean, anyway?

Traps for the Unwary: Is Your Guaranty Merely an Unenforceable Sham?
By Kenneth R. Van Vleck — October 31, 2016
Keeping these principles in mind when crafting your guaranty could protect your client from the sham guaranty defense down the road.

Tips for Evaluating the Impact of Required Dedications on Valuation in Eminent Domain Takings
By Kevin H. Brogan — October 31, 2016
Dedications can become thorny issues. Learn how to navigate them.

In a Multi-Court System, Beware of the Jurisdiction for Zoning Appeals
By Carson M. Shea — October 31, 2016
A cautionary tale from the Massachusetts Appeals Court.

A Comprehensive Permit Application Is Not Complete Without Full Payment of Filing Fee
By Denis F. Alia – September 30, 2016
How can a dispute over a mere filing fee result in a comprehensive permit application being denied?

No Abandonment of Rail Easement Without Federal Approval
By Patrick Gallagher – September 30, 2016
“Do not pass Go. Do not collect $200. Go directly to the federal Surface Transportation Board.”

Massachusetts High Court Allows Attorney’s Affidavit to Clear Technical Mortgage Defect
By Kendra L. Berardi – August 24, 2016
The case is Bank of America, N.A. v. Casey.

Update on Sabal Trail Pipeline Dispute: More Bad News for Landowners
By Anne Duvoisin Fisher – June 16, 2016
The Federal District Court for the Middle District of Florida gave short shrift to landowner arguments.

Pollution Exclusion Upheld for South Carolina Political Entities
By Katherine E. Stock – May 25, 2016
Appellate judge affirms circuit ruling in SC Tort Claims Act case.

Will Florida’s Sabal Trail Pipeline Project Reach the Supreme Court?
By Anne Duvoisin Fisher – May 16, 2016
The controversial project involves a 516-mile pipeline running from Alabama to south of Orlando.

Municipalities Cannot Ban or Impose Moratorium on Fracking, Says Top Colorado Court
By Richard F. Rodriguez – May 10, 2016
Two recent cases lead the charge in this controversial area.

Can't Buy Me Love?
By Kevin Brogan – April 30, 2016
Multimillion-dollar price tag for inverse condemnation judgment for Dallas Love Field says otherwise.

Should a Trustee Be Physically Present at the Auction Sale?
By Denis F. Alia – April 30, 2016
Developments in technology have raised this question.

If You Delay, You Shall Pay
By Daniel S. Rich – April 4, 2016
Hollywood, Florida, ordered to pay fees due to delaying environmental injunction hearing.

Major Development Project Appeals Cannot Go to MA Housing Court
By Marc J. Goldstein – March 29, 2016
Although its case is a win for developers generally, a Bay State developer could not secure the relief it hoped for.

A “Ruff” Guide to Emotional Support Animals in the Landlord-Tenant Context
By Daniel S. Rich – March 15, 2016
The old saying "a dog is a man's best friend" encompasses much of the methodology surrounding these laws.

Massachusetts Enacts Legislation to Cure Title Defects Caused by Ibanez and its Progeny
By Kendra L. Berardi – February 20, 2016
Governor Charlie Baker has signed Senate Bill No. S2015 into law.

Main Street v. Hackensack: A Signal of a Possible Revival of Urban Redevelopment in New Jersey?
By Anthony F. DellaPelle and Daniel Kim – January 26, 2016
The decision means that municipalities and developers will no longer have to second-guess the scope of the landmark Gallenthin decision.

Lord & Taylor Awarded $31 Million in Maryland Mall Lawsuit
By Howard K. Jeruchimowitz – January 26, 2016
The luxury retail giant argued that a landlord breached a stipulation in its 40-year lease.

OH Court of Appeals Provides Guidance on UTC Exculpatory Clauses and Statute of Limitations
By Janelle L. Peiczarka – January 26, 2016
The guidance comes in Newcomer v. National City Bank.