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|The Maryland - Virginia Boundary Shifts and Changes|
Edward J. Levin; Gordon Feinblatt LLC;
February 6, 2015, previously published on November 2014The Court of Special Appeals in Potomac Shores, Inc. v. River Riders, Inc., 219 Md. App. 29, 98 A.3d 1048 (2014), recently held that the boundary line between Maryland and Virginia, west of the District of Columbia, although fixed theoretically, actually shifts over time along with erosion and...
|Changes to Pennsylvania’s Power of Attorney will Affect Real Estate and Other Transactions|
John F. Lushis; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
February 6, 2015, previously published on January 2015On July 2, 2014, the Pennsylvania General Assembly enacted Act 95 to address certain issues relating to Pennsylvania’s Power of Attorney Act that arose out of a 2010 Pennsylvania Supreme Court decision. Because there are certain provisions in Act 95 that will become effective on January 1,...
|How do I 'Take Title' When Acquiring Real Estate?|
David L. Allen; Jaburg Wilk;
February 6, 2015While it is true that you most often cannot tell much about a book by its title, the same does not hold true when it comes to real estate, as how title is held to real estate, does tell you a lot. The question faced by a person acquiring real estate in Arizona concerning how they wish to take title...
|District Court Strikes Down Regulation of Purely Intrastate Species on Private Land|
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
February 6, 2015, previously published on November 11, 2014In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that the challenged regulation went beyond the scope of the Commerce Clause...
|D.C. Deed of Trust May Be Extinguished on Foreclosure Sale for Failure to Pay Condominium Assessments|
Edward J. Levin; Gordon Feinblatt LLC;
February 6, 2015, previously published on November 2014On August 28, 2014, the District of Columbia Court of Appeals held in Chase Plaza Condominium Association, Inc. and Darcy, LLC v. JPMorgan Chase Bank, 98 A.3d 166 (D.C. 2014), that a first deed of trust on a condominium unit may be extinguished by a foreclosure sale that is held to satisfy six...
|Changes to Mortgage Servicing Rules|
Brooks Bossong; Nexsen Pruet, LLC;
January 30, 2015, previously published on November 20, 2014Armed with some background on what the Consumer Financial Protection Bureau (“CFPB”) is and does (from my 11-11-14 blog entry), let’s dive directly into the issue of rules. For starters, let’s look into the CFPB’s new rules relating to servicing mortgages.
|Alberta's New Home Buyer Protection Act Increases Obligations on Homebuilders|
Pamela S. Lindsay; McLennan Ross LLP;
January 29, 2015, previously published on February 10, 2014On February 1, 2014, the New Home Buyer Protection Act, SA 2012, c. N-3.2. (the “Act”), came into force. Pursuant to the Act, every new home built in Alberta is now required to be covered under a new home warranty insurance contract (the “Warranty”); the province has stated...
|State Water Resources Control Board Issues Notice Of Plan To Temporarily Lift Curtailments During Future Rainfall Events|
Glen C. Hansen; Abbott & Kindermann, LLP;
January 22, 2015, previously published on October 28, 2014On May 27, 2014, the State Water Resources Control Board (“Board”) issued curtailment notices to all post-1914 appropriative water right holders in the Sacramento-San Joaquin, Russian, and Eel River watersheds. On October 3, 2014, the Executive Director of the Board issued a letter to...
|BROKEn Promises: 3 Signs your Tenant may be Going Bankrupt|
Gregory A. Liakopoulos, Alexis E. Teasdale; Bennett Jones LLP;
January 20, 2015, previously published on August 19, 2014The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your trusted legal advisor, help you be prepared in the unlucky event that your...
|Are You Done Yet? Compensation for Impacts of Public Works in Alberta|
Gregory A. Liakopoulos, Daron K. Naffin, Cassia J. Prentice; Bennett Jones LLP;
January 20, 2015, previously published on August 26, 2014During the recent resurfacing of Bow Trail there was a message posted on a pylon sign by an adjacent business owner that read “Bow Trail is not Rome. Please Complete” (see “Road Construction Delays Cause Headaches for Drivers, Businesses” on Global News). The business owners...