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|Clarifying Kilmer: Post-Production Costs Are Assessed When Title Passes|
Genevieve A. Pecharka, Jesse J. Zirillo; Dickie, McCamey & Chilcote, P.C.;
August 4, 2015, previously published on July 22, 2015On June 18, 2015, United States Magistrate Judge Robert C. Mitchell issued an opinion in the case of Pollock, et al. v. Energy Corporation of America, 2:10-CV-01553 (W.D. Pa. June 18, 2015). The opinion was primarily issued to address the defendant’s motion for judgment as a matter of law or...
|United States District Court for the District of Maryland Grants Defendant’s Motion to Dismiss Regarding Plaintiff’s Fair Housing Act Claims|
Nida Kanwal; Semmes Bowen Semmes A Professional Corporation;
August 4, 2015, previously published on July 2015In 2001, Brian Nichols bought a condominium from Carriage House Condominiums at Perry Hall Farms, Inc. (“Carriage House”) and Residential Realty Group, Inc. (“Residential Realty”) (collectively, “Defendants”). He had been diagnosed with osteoarthritis, gout, and...
|New Forms For Owners Of Farm Cottages|
Rebecca Spencer; Withers Bergman LLP;
August 4, 2015, previously published on July 28, 2015Owners of farm cottages should take note of a new set of prescribed forms, which should be used to prevent a tenant from becoming an assured agricultural occupant.
|New Obligations For Landlords Of Multi-Let Buildings|
Victoria Harrison; Withers Bergman LLP;
August 4, 2015, previously published on July 28, 2015Landlords of multi-let buildings with communal heating or cooling systems have new obligations in relation to billing, metering and reporting of heating costs. Charges to tenants for heating or cooling must now be based on actual consumption, with a requirement to install individual meters if...
Changes To Legislation For Tenancy Deposit Schemes|
Rebecca Spencer; Withers Bergman LLP;
August 4, 2015, previously published on July 28, 2015New legislation has changed the way in which it is necessary to protect tenancy deposits. Anyone who owns residential property which has been let to tenants before 6 April 2007 and a tenancy deposit was taken may need to take action.
|Yes, Woodlands Exception Applies to Adverse Possession; No, Woodlands Exception Does Not Apply to This Case|
Edward J. Levin; Gordon Feinblatt LLC;
August 4, 2015, previously published on July 2015The Court of Appeals held as a matter of first impression that the “woodlands exception,” which has applied to prescriptive easement cases in Maryland for 150 years, also applies to adverse possession cases. But the Court ruled that the “woodlands exception” does not apply...
|The Defaulting Seller and a Notice of Lis Pendens|
August 3, 2015, previously published on August 3, 2015After months of searching, you have finally found the house of your dreams, and much to your delight the Seller has accepted your offer of $500,000. You deposit your $15,000 “earnest money” with the escrow company, and an escrow is opened. As part of your “due diligence” you...
|Greenbaum Attorneys Successfully Influence EDA Policy Concerning Incentives for the Redevelopment of Historic Properties|
Laurence E. Fundler, Robert S. Goldsmith; Greenbaum, Rowe, Smith & Davis LLP;
July 31, 2015, previously published on July 2015Developers seeking to redevelop New Jersey properties deemed historic sites now have greater incentive to do so as a result of a regulatory reinterpretation and ensuing policy change by the New Jersey Economic Development Authority (EDA).
|North Dakota Supreme Court — Ownership of Minerals Under Land Deeded to Railroads by Private Landowners|
Lynne J. Boomgaarden, John R. Lee, John W. Morrison; Crowley Fleck PLLP;
July 30, 2015, previously published on July 17, 2015In a recently decided case—EOG Resources, Inc. v. Soo Line R.R. Co., 2015 ND 187—a divided North Dakota Supreme Court held that a series of deeds from fee owners to a railroad, all titled “Warranty Deed—Right of Way,” unambiguously conveyed fee interests to the...
|Introductory Guide to Rev 973 v. Mouren-Laurens Et Al|
Albert M. Cohen; Loeb & Loeb LLP;
July 27, 2015, previously published on July 2015Rev 973, LLC v. John Mouren-Laurens, et al, 98-cv-10690 DSF (Ex), is pending in the United States District Court for the Central District of California. The case was filed in 1998 and involves claims that two sites in Compton, California, known as the Mouren-Laurens site (ML Site) and the Leach Oil...