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HTMLHabitability: How Mold Fits Into The Bigger Picture
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
Mold claims are generally property based. Plaintiffs allege that their exposure is the result of inadequate construction or maintenance of a structure, causing water intrusion into the building envelope and the subsequent growth of fungi. The same defective construction or maintenance of a building...

 

HTMLCalifornia Real Property Deal Did Not Cause Change in Ownership
Zachary T. Atkins, Douglas Mo; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 30, 2015, previously published on April 29, 2015
A California Court of Appeal held that the sale of real property to a lessee having an original lease term of more than 35 years did not result in a change in ownership triggering reassessment for property tax purposes. Proposition 13 established a 2% per-year ceiling on increases in the assessed...

 

HTMLReal Property 101 for Community Bankers in the Spilman Footprint
Brienne T. Marco; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 29, 2015, previously published on April 8, 2015
The terms “Deed of Trust” and “mortgage” are often used by people interchangeably. Both serve to give the lender a lien as collateral for a loan but, these liens are effected differently. Mortgages are used in more states (approximately 30) than Deeds of Trust, but Deeds of...

 

HTMLTownship Found Not Liable For Fall on Residential Driveway Apron Due to Snow Removal Immunity
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
April 27, 2015, previously published on February 25, 2015
Plaintiff Rosa Nappi slipped and fell outside the defendant Gregory Kohl’s residence on his driveway apron. She sued Kohl and the Town of Secaucus, where the Kohl property was located, for her personal injuries. In Nappi v. Town of Secaucus, 2015 N.J. Super. Unpub. LEXIS 64 (App. Div. January...

 

HTMLCommercial Tenant Found To Not Be a “Landowner” Of Common Areas Under Colorado’s Premises Liability Act
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on April 17, 2015
In this case, the Colorado Supreme Court considers whether a clinic that was the main tenant at a medical campus qualifies as a “landowner” (as defined by the Premises Liability Act - the “PLA”) of a common area sidewalk where the Plaintiff fell and sustained injuries. The...

 

HTMLEnforcing Shopping Center Reciprocal Easement Agreements in a Declining Market
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
April 27, 2015, previously published on April 24, 2015
Lord & Taylor signed a Reciprocal Easement Agreement, requiring its landlord to maintain a “first class high fashion regional shopping center.” The REA also required shared access and parking and required Lord & Taylor’s approval for any future alterations to the...

 

HTMLThe Colorado Supreme Court Prohibits Hotels from Evicting Guests Into Foreseeably Dangerous Environments
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on April 20, 2015
For the first time, the Colorado Supreme Court has defined the duty a hotel owes to a guest during a lawful eviction. This case stands for the proposition that the long-recognized duty of an innkeeper to its guests to exercise reasonable care under the circumstances prohibits an innkeeper from...

 

HTMLThe Air Bed and Breakfast Craze
Jocelyn J. Campbell; Rudolph Friedmann LLP;
Legal Form
April 27, 2015, previously published on January 23, 2015
It seems as if everyone wants to rent out their spare room for cash. If you have ever wondered whether you could legally rent out an extra room or your entire house on a short term basis, this article is for you. Recently we were asked by a client to assist with some regulations around operating a...

 

HTMLWords Landlords Use Every Day: Standing and Privity
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
April 27, 2015, previously published on April 10, 2015
A landlord and tenant may have (or may be in) privity of contract because they both agree to certain contractual terms in a lease. That same landlord and tenant may be in privity of estate because they both have an interest in the same real estate.

 

HTMLWarning If You Have Not Paid Your 2012 Real Estate Taxes!
Michael Ryan; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
April 27, 2015, previously published on April 15, 2015
Some investor landowners and lender REO departments are holding Florida real estate and, for cash flow reasons, are not paying the real estate taxes. Some lenders are in workout or foreclosure mode holding a mortgage on distressed real estate. Real estate investors, REO holders, and mortgage...

 


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