INDEX TO TENNESSEE REAL ESTATE LAW LETTER
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Acknowledgments |
Acknowledgment statute amended |
Vol. 01, No. 1, p. 6 |
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Grantor's lawyer held liable to grantees for defective acknowledgments |
Vol. 04, No. 6, p. 1 |
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Attorney liable for defective acknowledgment |
Vol. 05, No. 6, p. 3 |
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Attorney General opines on forms of acknowledgments |
Vol. 09, No. 5, p. 3 |
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Failure to pay property taxes does not bar defense of title |
Vol. 14, No. 10, p. 2 |
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Instrument lacking notary’s seal does not give constructive notice |
Vol. 17, No. 7, p. 3 |
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Acknowledgment must reflect representative capacity |
Vol. 19 No. 12, p. 1 |
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Acknowledgment need not show basis of notary’s knowledge |
Vol. 20, No. 4, p. 1 |
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Acknowledgment must name signatories |
Vol. 22, No. 2, p. 1 |
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Notary's certificate must show intent |
Vol. 22, No. 8, p. 2 |
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Retroactive change in acknowledgment statute upheld |
Vol. 24, No. 10, p. 1 |
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Adverse Possession AND PRESCRIPTION |
Suit to recover realty barred if taxes not paid for twenty years |
Vol. 01, No. 8, p. 2 |
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Reservation of mineral rights will not defeat color of title claim |
Vol. 01, No. 9, p. 5 |
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Co-tenant must be in continuous possession to acquire title by prescription |
Vol. 02, No. 4, p. 2 |
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Type of land governs acts needed for adverse possession |
Vol. 02, No. 10, p. 4 |
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Ousted adverse possessor liable for rent less value of improvements |
Vol. 04, No. 4, p. 2 |
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Champertous conveyance is void |
Vol. 05, No. 8, p. 3 |
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Suit to recover realty barred if taxes not paid for 20 years |
Vol. 07, No. 4, p. 1 |
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Court rules on adverse possession and prescription |
Vol. 08, No. 1, p. 3 |
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Tacking allowed only if users in privity |
Vol. 17, No. 08, p. 2 |
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Adverse possession against cotenant requires notice and ouster |
Vol. 09, No. 10, p. 3 |
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Deed with incorrect legal description does not confer color of title |
Vol. 11, No. 4, p. 4 |
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Occasional parking no bar to superior title |
Vol. 12, No. 12, p. 2 |
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Failure to pay property taxes does not bar defense of title |
Vol. 14, No. 10, p. 2 |
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Possession is adverse even if due to mistake |
Vol. 14, No. 11, p. 3 |
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Statements by co-tenant may prove permissive use |
Vol. 15, No. 2, p. 2 |
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Fence may be required for ownership by adverse possession |
Vol. 16, No. 4, p. 2 |
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Adverse possession by co-tenant requires ouster |
Vol. 16, No. 5, p. 3 |
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Interruption of use defeats prescriptive easement |
Vol. 16, No. 9, p. 2 |
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Owner’s acquiescence and road’s relocation will not defeat prescriptive easement |
Vol. 17, No. 9, p. 3 |
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Title by prescription requires exclusive use and no disabilities or permission |
Vol. 19, No. 7, p. 2 |
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Commencement of construction triggers adverse possession statute |
Vol. 19, No. 11, p. 2 |
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Boundary may be fixed by acquiescence |
Vol. 20, No. 4, p. 2 |
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Deed to adversely possessed property is void |
Vol. 20, No. 8, p. 3 |
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Mistakenly conveyed property may be adversely possessed |
Vol. 21, No. 3, p. 1 |
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Statute tolled against remaindermen until life tenant dies |
Vol. 22, No. 10, p. 2 |
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Tax payment statute has no contiguous property exception |
Vol. 23, No. 8, p. 1 |
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Tax payment statute has contiguous property exception |
Vol. 24, No. 10, p. 3 |
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Disability precludes title by prescription |
Vol. 25, No. 11, p. 2 |
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Reference to plat gives color of title |
Vol. 25, No. 12, p. 3 |
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Statute runs against trust despite beneficiary's disability |
Vol. 25, No. 1, p. 1 |
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Annexation |
Some contract purchasers may challenge annexations |
Vol. 09, No. 9, p. 2 |
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Appraisers |
Lender's appraiser not liable to buyer |
Vol. 14, No. 1, p. 2 |
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Negligent appraiser not liable absent reliance |
Vol. 18, No. 6, p. 1 |
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Arbitration |
Agreements to arbitrate future disputes |
Vol. 01, No. 1, p. 5 |
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Construction arbitrator may award attorneys’ fees |
Vol. 19, No. 7, p. 3 |
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Party who participates in lawsuit does not waive arbitration |
Vol. 19, No. 8, p. 3 |
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Arbitration clause in unsigned contract is enforceable |
Vol. 19. No. 9, p. 3 |
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Agreement to arbitrate must run both ways |
Vol. 22, No. 1, p. 1 |
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Arbitration waived absent immediate appeal |
Vol. 23, No. 5, p. 1 |
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Auctions |
Announcements at auctions bind purchasers |
Vol. 04, No. 11, p. 1 |
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Auctioneer entitled to commission when owner sells property |
Vol. 16, No. 2, p. 1 |
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Boundaries |
Court summarizes boundary dispute law |
Vol. 02, No. 6, p. 2 |
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Absent special circumstances, landowner need not erect boundary fence |
Vol. 05, No. 4, p. 4 |
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Court rules on proof in boundary fine cases |
Vol. 06, No. 9, p. 5 |
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Inaccurate but recognized boundary binds purchaser |
Vol. 07, No. 1, p. 3 |
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Right to lateral support is absolute |
Vol. 07, No. 3, p. 2 |
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Court addresses boundary disputes |
Vol. 13, No. 7, p. 4 |
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Circuit court may hear boundary line suits |
Vol. 14, No. 2, p. 3 |
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Oral boundary agreement is enforceable |
Vol. 15, No. 6, p. 1 |
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Estoppel is possible defense to encroachment action |
Vol. 21, No. 6, p. 3 |
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Court may not appoint surveyor to set boundaries |
Vol. 22, No. 4, p. 3 |
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Grantor not necessary party to boundary suit |
Vol. 24, no. 12, p. 2 |
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Complaint need not expressly allege boundary dispute |
Vol. 25, No. 4, p. 2 |
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Fence does not necessarily establish boundary |
Vol. 25, No. 6, p. 1 |
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Surveyor's conclusions may be rebutted by non-survey evidence |
Vol. 25, No. 2, p. 1 |
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Ejectment action not sole vehicle for determining ownership |
Vol. 25, No. 5, p. 2 |
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Brokers |
Affiliate broker not entitled to commission after listing rejected |
Vol. 01, No. 8, p. 5 |
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Court rules on real estate brokerage issues |
Vol. 02, No. 5, P. 5 |
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Court rules on broker, liability, and right to commission |
Vol.0 3, No. 1, p. 3 |
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Court rules on broker's right to commission |
Vol. 03, No. 3, p. 4 |
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Attorney general opines on brokers |
Vol. 03, No. 6, p. 4 |
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Broker not entitled to commission upon foreclosure |
Vol. 03, No. 10, p. 2 |
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Broker held procuring cause of sale despite break in negotiations |
Vol. 04, No. 2, p. 1 |
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Exclusive agency does not necessarily limit owner's right to sell |
Vol. 05, No. 2, p. 1 |
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Broker with exclusive listing need not be procuring cause of sale |
Vol. 05, No. 6, p. 1 |
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Unlicensed person may not recover brokerage commission |
Vol. 06, No. 8, p. 2 |
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Commission not affected by reduction in purchase money note |
Vol. 06, No. 8, p. 5 |
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Affiliate broker may not sue client for commission |
Vol. 06, No.10, p. 2 |
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Broker earns commission when buyer procured |
Vol. 06, No.12, p. 1 |
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Out-of-state broker can recover commission on Tennessee transaction |
Vol. 07, No. 11, p. 3 |
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Broker has duty to disclose pertinent matters to all parties |
Vol. 08, No. 2, p. 1 |
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Broker liable for salesman's wrongdoing |
Vol. 08, No. 9, p. 4 |
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Broker must disclose personal interest to principal |
Vol. 08, No. 9, p. 5 |
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Out-of-state auction company cannot recover commission in Tennessee |
Vol. 08, No. 11, p. 4 |
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Broker not entitled to commission on new lease |
Vol. 09, No. 2, p. 1 |
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Broker who wrongfully returns earnest money forfeits commission |
Vol. 09, No. 3, p. 1 |
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Broker's right to commission governed by terms of contract |
Vol. 09, No. 7, p. 1 |
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Broker may be liable for injuries on listed realty |
Vol. 10, No. 2, p. 2 |
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Broker who breaches duty forfeits commission |
Vol. 10, No. 4, p. 1 |
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Commission may not be due when owner procures buyer |
Vol. 10, No. 9, p. 2 |
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Assignee of unlicensed broker not entitled to commission |
Vol. 10, No. 10, p. 1 |
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Cancellation of contract does not deprive broker of commission |
Vol. 11, No. 4, p. 3 |
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"Business broker" may need real estate license |
Vol. 11, No. 9, p. 1 |
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Joint venture does not entitle broker to commission |
Vol. 11, No. 11, p. 2 |
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Misleading principal costs broker commission |
Vol. 12, No. 1, p. 3 |
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Buyer generally not liable for agent's commission |
Vol. 12, No. 9, p. 1 |
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Broker entitled to commission despite failure of conditions |
Vol. 13, No. 8, p. 2 |
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Broker may not recover commission on "new lease" |
Vol. 14, No. 7, p. 3 |
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Seller liable for broker's commission when unable to deliver title |
Vol. 15, No. 10, p. 4 |
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Paid agent can't take advantage of broker licensing exemption |
Vol. 15, No. 12, p. 2 |
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Innocent broker not liable for seller’s misrepresentation |
Vol. 16 No. 8, p. 3 |
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Corporate real estate employee may need broker’s license |
Vol. 17. No. 2, p. 1 |
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Real Estate Commission comments on Bowden |
Vol. 17 No. 4, p. 3 |
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Affiliate broker may not sue for commission |
Vol. 17, No. 11, p. 2 |
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Broker can’t recover commission absent contract |
Vol. 19, No. 7, p. 1 |
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Introducing prospect does not make broker procuring cause |
Vol. 19, No. 9, p. 1 |
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Brokers may arbitrate commission disputes |
Vol. 19, No. 12, p. 4 |
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Unexecuted brokerage agreement may be enforceable |
Vol. 22, No. 9, p. 3 |
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Broker's license required when realty is material part of sale |
Vol. 24, No. 2, p. 1 |
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Defaulting buyer may be liable for commission |
Vol. 25, No. 10, p. 2 |
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Broker working on auction does not necessarily need auctioneer's license |
Vol. 25, No. 11, p. 4 |
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No commission due when contract unacceptable to owner |
Vol. 26, No. 5, p. 1 |
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Broker’s name on contract need not match license |
Vol. 26, No. 7, p. 3 |
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Cemeteries |
Evidence of cemetery dedication must be definite |
Vol. 01, No. 8, p. 4 |
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Unrelated parties lack standing to challenge removal of graves |
Vol. 19, No. 1, p. 1 |
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Condominiums |
Owners association can sue for members |
Vol. 03, No. 2, p. 2 |
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FNMA amends guidelines |
Vol. 06, No. 5, p. 5 |
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Court rules on homeowners association assessments |
Vol. 08, No. 7, p. 4 |
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FNMA amends condominium guidelines |
Vol. 11, No. 6, p. 4 |
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Owners association actions upheld unless unreasonable |
Vol. 11, No. 7, p. 2 |
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Master deed limits condominium board's authority |
Vol. 12, No. 5, p. 1 |
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Condominium association needs clear authority to grant easement |
Vol. 19, No. 1, p. 2 |
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Condominium development does not require planning commission’s consent |
Vol. 19, No. 4, p. 4 |
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Unit owner not liable for injury in condominium common area |
Vol. 22, No. 4, p. 1 |
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New condominium law becomes effective January 1 |
Vol. 26, No. 3, p. 1 |
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Construction |
Court deals with contractor licensing |
Vol. 03, No. 5, p. 2 |
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Measure of damages for construction defects is cost to repair |
Vol. 07, No. 1, p. 2 |
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Oral change orders can be unenforceable |
Vol. 07, No. 12, p. 2 |
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Court interprets insurance provisions of construction contract |
Vol. 08, No. 7, p. 3 |
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Delay may permit rescission of construction contract |
Vol. 08, No. 9, p. 3 |
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Court of Appeals rules on construction contracts |
Vol. 09, No. 6, p. 3 |
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Suit barred three years after construction defect discoverable |
Vol. 09, No. 7, p. 4 |
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Attorney General discusses monetary limitations on contractors' licenses |
Vol. 10, No. 8, p. 3 |
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Unlicensed contractor not required to refund amounts previously paid |
Vol. 11, No. 1, p. 3 |
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Architect's contract enforceable despite lack of specificity |
Vol. 11, No. 3, p. 2 |
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Contractor assumes risk of unexpected difficulties |
Vol. 11, No. 6, p. 1 |
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Defective construction subject to three-year statute |
Vol. 11, No. 8, p. 1 |
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General contractor needs written contract for home improvement job |
Vol. 12, No. 5, p. 3 |
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"Pay when paid" clause in subcontract is valid |
Vol. 12, No. 7, p. 1 |
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Construction contract may be rescinded for mutual mistake |
Vol. 13, No. 1, p. 3 |
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"Pay when paid" clause in subcontract not favored |
Vol. 13, No. 10, p. 3 |
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"Subcontractor" who deals directly with owner must be licensed |
Vol. 13, No. 2, p. 1 |
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Change order not required for additional work |
Vol. 14, No. 2, p. 1 |
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Negligent builder may be held liable to remote purchaser |
Vol. 14, No. 3, p. 1 |
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Construction statute runs despite need for repairs and absence of sale |
Vol. 14, No. 4, p. 2 |
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Comparative fault statute does not extend time to sue contractor |
Vol. 15, No. 7, p. 2 |
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Statute begins to run when contractor refuses to repair defects |
Vol. 15, No. 9, p. 2 |
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Retainage escrow statute overrides arbitration clause |
Vol. 16, No. 2, p. 2 |
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Four-year statute of repose applies to nuisance claim |
Vol. 16 No. 4, p. 3 |
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Owner need only exercise reasonable care to protect contractor |
Vol. 16. No. 5, p. 1 |
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Written change order stipulation is waivable |
Vol. 16, No. 5, p. 2 |
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Subcontractor need not be licensed and must be given chance to cure |
Vol. 16, No. 5, p. 3 |
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Whether contract induced by fraud not subject to arbitration |
Vol. 16, No. 6, p. 1 |
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Time generally not of the essence of construction contract |
Vol. 16, No. 11, p. 3 |
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Unlicensed home improvement contractor may recover in quantum merit |
Vol. 19, No. 6, p. 2 |
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Need for contractor’s license determined when work begins |
Vol. 20, No. 8, p. 1 |
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Exculpatory clause in home inspection contract is unenforceable |
Vol. 20, No. 10, p. 1 |
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“Subcontractor” dealing with owner must have license |
Vol. 21, No. 10, p. 2 |
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Unlicensed contractor fully liable to owner |
Vol. 22, No. 11, p. 2 |
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Trial court has broad discretion concerning testimony of construction expert |
Vol. 23, No. 3, p. 3 |
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Consumer Protection Act does not require privity |
Vol. 24, No. 1, p. 3 |
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Abandoning contractor need not be given opportunity to cure |
Vol. 24, No. 6, p. 3 |
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Actions can cause waiver of "time is of the essence" clause |
Vol. 25, No. 3, p. 2 |
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Contractor’s surety may be subrogated to rights of owner |
Vol. 26, No. 6, p. 3 |
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Corporations |
Title to real estate of a corporation with revoked charter |
Vol. 01, No. 1, p. 2 |
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Deeds |
Deed presumed delivered and accepted if in grantee's possession |
Vol. 06, No. 3, p. 4 |
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Agreements concerning what is to be conveyed are merged into deed |
Vol. 08, No. 9, p. 4 |
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Covenants of title cover quantity of land |
Vol. 09, No. 3, p. 1 |
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County may not sue on warranties in deed to state |
Vol. 10, No. 8, p. 2 |
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Deed exception gives adequate notice of property defect |
Vol. 10, No. 9, p. 3 |
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Conveyance valid despite removal of grantee's name from deed |
Vol. 10, No. 10, p. 4 |
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Court rules on damages for breach of covenants of title |
Vol. 12, No. 4, p. 3 |
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Grantee may take title in fictitious name |
Vol. 13, No. 8, p. 4 |
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Quitclaim deed grantee doesn't take grantor's later acquired title |
Vol. 13, No. 12, p. 3 |
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Granting clause in deed does not always prevail over subsequent limitation |
Vol. 16 No. 7, p. 2 |
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Interest may be retained in habendum clause |
Vol. 18, No. 7, p. 1 |
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More than preponderance of evidence needed to show forgery |
Vol. 18, No. 10, p. 1 |
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Deed may not be reformed against b.f.p. |
Vol. 18, No. 10, p. 2 |
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Unsigned deed may be reformed |
Vol. 19, No. 4, p. 2 |
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Excluded property may be shown by parol |
Vol. 19, No. 5, p. 2 |
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Granting clause prevails over derivation clause |
Vol. 19, No. 8, p. 2 |
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“Confidential relationship” lacks precise definition |
Vol. 20, No. 7, p. 2 |
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Grantor’s intent determines grantee |
Vol. 26, No. 3, p. 4 |
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Imprecise deed description can still be effective |
Vol. 26, No. 10, p. 3 |
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Deeds of Trust, FORECLOSURES, AND LOANS |
Deed absolute as security causes problems for grantee |
Vol. 01, No. 2, p. 4 |
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Mortgagor must prove inadequacy of sale price to avoid deficiency judgment |
Vol. 01, No. 3, p. 1 |
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Description of indebtedness in deed of trust must not be misleading |
Vol. 01, No. 4, p. 2 |
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Often used language held insufficient to waive redemption right |
Vol. 01, No. 7, p. 1 |
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Purchaser at foreclosure not liable for personalty or business taxes |
Vol. 01, No. 9, p. 6 |
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"Contract for deed" does not violate due on sale clause |
Vol. 01, No. 10, p. 1 |
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Law review article challenges power of sale foreclosure |
Vol. 01, No. 12, p. 4 |
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Bank deed of trust with dragnet clause secures overdrafts |
Vol. 02, No. 4, p. 4 |
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Inadequacy of sale price alone will not invalidate foreclosure |
Vol. 02, No. 5, p. 1 |
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Mortgagee denied recovery for payments on senior debt |
Vol. 02, No. 6, p. 1 |
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Sixth Circuit rejects Durrett |
Vol. 02, No. 10, p. 1 |
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Notice excused if borrower has actual knowledge of foreclosure |
Vol. 02, No. 11, p. 1 |
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Redemption requires tender of amount paid |
Vol. 02, No. 11, p. 3 |
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Delay in tender of bid price does not void foreclosure |
Vol. 03, No. 1, p. 1 |
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Supreme Court rules on collection and foreclosure fees |
Vol. 03, No. 6, p. 3 |
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Mortgagees must report foreclosures to IRS |
Vol. 03, No. 7, p. 3 |
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Middle Section follows Prichard |
Vol. 03, No. 9, p. 1 |
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Court considers what redeeming mortgagor must tender |
Vol. 04, No. 12, p. 2 |
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Supreme Court rejects Prichard |
Vol. 05, No. 1, p. 1 |
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"Lease" violates due on sale clause |
Vol. 05, No. 5, p. 4 |
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Farm Credit System lender must give previous owner right of first refusal |
Vol. 05, No. 9, p. 3 |
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Foreclosure proceeds may not be used to discharge prior lien |
Vol. 06, No. 6, p. 1 |
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Foreclosure must comply with deed of trust |
Vol. 06, No. 6, p. 3 |
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Prepayment premium not collectible when payee accelerates debt |
Vol. 06, No. 7, p. 1 |
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Accepting late payments may limit lender's right to accelerate |
Vol. 06, No. 7, p. 3 |
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Both federal and state law affect open end deeds of trust |
Vol. 07, No. 4, p. 3 |
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Indefinite subordination clause may be unenforceable |
Vol. 07, No. 5, p. 1 |
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Attorney's fee clause should specify when payment is due |
Vol. 07, No. 6, p. 1 |
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Excess foreclosure proceeds may constitute insured deposits |
Vol. 08, No. 2, p. 5 |
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Oral loan commitment must be definite |
Vol. 08, No. 5, p. 2 |
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Foreclosing timeshare mortgagee may not disturb purchasers |
Vol. 08, No. 5, p. 4 |
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Foreclosure must comply only with statute when trust deed unclear |
Vol. 08, No. 6, p. 1 |
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Deed in lieu of foreclosure does not always result in merger |
Vol. 08, No. 6, p. 4 |
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Mortgagee need not act in a commercially reasonable manner |
Vol. 08, No. 7, p. 1 |
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Purchaser that does not assume mortgage may be liable for payments |
Vol. 08, No. 7, p. 2 |
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Mortgagors should consider tax consequences of foreclosures, deeds in lieu, and workouts |
Vol. 08, No. 8, p. 3 |
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Trustee's announcements not binding unless in writing |
Vol. 09, No. 1, p. 4 |
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Inverse alienation doctrine does not always protect purchaser |
Vol. 09, No. 6, p. 1 |
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Spouse should sign homestead property deed of trust |
Vol. 09, No. 7, p. 3 |
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Purchaser does not assume mortgage absent specific agreement |
Vol. 09, No. 10, p. 2 |
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Non-recourse clause binding only if lender signs note |
Vol. 09, No. 11, p. 1 |
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Purchaser does not assume mortgage unless agreement is clear |
Vol. 10, No. 4, p. 4 |
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HUD amends RESPA regulations |
Vol. 10, No. 4, p. 5 |
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Payoff letter should cover all indebtedness |
Vol. 11, No. 4, p. 7 |
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Failure to name second mortgagee does not void foreclosure |
Vol. 12, No. 1, p. 1 |
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Mortgagee not responsible for maintaining insurance |
Vol. 12, No. 6, p. 2 |
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Attorney's fees must be reasonable |
Vol. 14, No. 5, p. 2 |
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Foreclosure may be set aside because of mistake |
Vol. 14, No. 8, p. 3 |
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Court declines to construe deed as mortgage |
Vol. 14, No. 10, p. 3 |
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Exculpatory clause won't protect lender with duty to borrower |
Vol. 14, No. 11, p. 1 |
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Non-compliance with TCA § 47-28-104 doesn't always affect priority |
Vol. 14, No. 12, p. 2 |
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Second mortgagee should seek assurances from first mortgagee |
Vol. 15, No. 5, p. 3 |
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Lender need not disclose title defect to borrower |
Vol. 15, No. 11, p. 2 |
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Purchase money deed of trust has priority over judgment lien |
Vol. 16, No. 1, p. 1 |
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Judgment against seller is prior to buyer’s deed of trust |
Vol. 16, No. 4, p. 4 |
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New indebtedness tax payable on assumption if mortgagor released |
Vol. 16. No. 8, p. 4 |
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Deed in lieu not fraudulent conveyance |
Vol. 16 No., 11, p. 3 |
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Purchase at foreclosure can give rise to resulting trust |
Vol. 18, No. 6, p. 2 |
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Equitable subrogation available to mortgagee |
Vol. 19, No. 11, p. 1 |
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Land value is measure of damages for wrongful release |
Vol. 20, No. 1, p. 3 |
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Lienor’s knowledge makes defect in foreclosure irrelevant |
Vol. 20, No. 3, p. 3 |
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Knowledge of prior trust deed precludes equitable subrogation |
Vol. 22, No. 6, p. 3 |
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Dragnet clause can cover a post-conveyance debt |
Vol. 23, No. 3, p. 2 |
|
|
Foreclosure price may not establish damages |
Vol. 24, No. 1, p. 2 |
|
|
Foreclosure sale may be postponed |
Vol. 24, No. 6, p. 1 |
|
|
Low foreclosure price may preclude deficiency judgment |
Vol. 24, No. 7, p. 1 |
|
|
Foreclosure must comply with terms of deed of trust |
Vol. 24, No. 7, p. 2 |
|
|
Substitute trustee statute applies to all deeds of trust |
Vol. 25, No. 8, p. 3 |
|
|
Foreclosing mortgagee must notify insurer |
Vol. 25, No. 7, p. 1 |
|
|
Lost instrument may be established by affidavit |
Vol. 26, No. 5, p. 2 |
|
|
Insurer not entitled to notice of foreclosure |
Vol. 26, No. 7, p. 1 |
|
Easements |
Easement grant should contain complete description |
Vol. 01, No. 4, p. 4 |
|
|
Profits held appurtenant when construction permits |
Vol. 01, No. 10, p. 3 |
|
|
Claimant must prove all elements to establish prescriptive easement |
Vol. 03, No. 11, p. 2 |
|
|
Court rules on platted easements |
Vol. 05, No. 2, p. 2 |
|
|
Easement by estoppel requires misrepresentation or fraud |
Vol. 05, No. 4, p. 1 |
|
|
Implied easement may arise when corporation and shareholder own adjoining lots |
Vol. 06, No. 10, P. 3 |
|
|
Prescriptive easement requires adverse use |
Vol. 07, No. 2, p. 4 |
|
|
Court rules on trial practice in condemnation cases |
Vol. 07, No. 2, p. 5 |
|
|
Utility easement must contain adequate description |
Vol. 07, No. 3, p. 3 |
|
|
Improvements presumed to be in center of easement |
Vol. 07, No. 9, p. 2 |
|
|
Easement owner may not erect gate |
Vol. 08, No. 3, p. 3 |
|
|
Utility must record notice of easement boundaries |
Vol. 08, No. 12, p. 2 |
|
|
Servient owner may not unreasonably interfere with use of easement |
Vol. 09, No. 5, p. 2 |
|
|
Adjoining owner retains easement over abandoned public road |
Vol. 09, No. 9, p. 4 |
|
|
Easement holder may not interfere with servient owner's permitted use |
Vol. 11, No. 3, p. 2 |
|
|
Prescriptive easement arises twenty years after flooding begins |
Vol. 11, No. 8, p. 2 |
|
|
Joint driveway can give rise to prescriptive easement |
Vol. 11, No. 9, p. 3 |
|
|
Implied easement requires three elements |
Vol. 11, No. 10, p. 1 |
|
|
Servient owner may erect gate |
Vol. 12, No. 2, p. 2 |
|
|
Abandonment of easement ends related obligations |
Vol. 12, No. 8, p. 1 |
|
|
Absent contract or deed, railroad has easement only |
Vol. 12, No. 11, p. 3 |
|
|
Easement will be deemed appurtenant when construction permits |
Vol. 13, No. 1, p. 2 |
|
|
Owner who "does equity" may revoke access agreement |
Vol. 13, No. 4, p. 3 |
|
|
Court of Appeals opines on easements |
Vol. 13, No. 5, p. 3 |
|
|
Dominant and servient estates need not be contiguous |
Vol. 13, No. 7, p. 3 |
|
|
Adjoining owner retains easement over abandoned public road |
Vol. 14, No. 5, p. 3 |
|
|
Gates not allowed over easement by prescription |
Vol. 14, No. 7, p. 1 |
|
|
Easement holder has only limited right to remove gates |
Vol. 14, No. 8, p. 3 |
|
|
Appurtenant easement conveyed though not mentioned in deed |
Vol. 15, No. 3, p. 3 |
|
|
Easement may be widened only if necessary and if burden not increased |
Vol. 16 No. 8, p. 2 |
|
|
Owner may not erect gates when easement is to be unobstructed |
Vol. 17, No. 9, p 2 |
|
|
Public body not estopped to deny access to landowner |
Vol. 17, No. 2, p. 3 |
|
|
Easement by implication binds bona fide purchaser |
Vol. 17, No. 4, p. 1 |
|
|
Automatic subordination clause is enforceable |
Vol. 17, No. 6, p 1 |
|
|
Easement by implication requires three elements |
Vol. 18, No. 7, p. 2 |
|
|
Servient owner may remove right-of-way encroachment |
Vol. 20, No. 6, p. 1 |
|
|
Law favors appurtenant easements |
Vol. 20, No. 6, p. 2 |
|
|
Septic tank permitted in utility easement |
Vol. 21, No. 1, p. 1 |
|
|
Servient owner can’t hamper easement holder’s rights |
Vol. 21, No. 7, p. 3 |
|
|
Implied easement must satisfy four requirements |
Vol. 22, No. 1, p. 2 |
|
|
Exclusive easement may be apportioned |
Vol. 22, No. 7, p. 1 |
|
|
Locked gate unreasonably interferes with easement rights |
Vol. 23, No. 2, p. 2 |
|
|
Option agreement must expressly reserve land subject to easement |
Vol. 24, No. 9, p. 1 |
|
|
Right to expand easement is limited |
Vol. 24, No. 9, p. 2 |
|
|
Private easements exist over platted but unopened roads |
Vol. 24, No. 11, p. 3 |
|
|
Servient owner estopped to deny access to way mentioned in deed |
Vol. 25, No. 5, p. 3 |
|
|
Tax sale does not extinguish easement |
Vol. 25, No. 10, p. 3 |
|
|
Easement by necessity terminates when necessity ends |
Vol. 26, No. 4, p. 1 |
|
Eminent Domain |
Taking of easement entitles landowner to value of fee |
Vol. 0l, No. 12, p. 3 |
|
|
Court rules on trial practice in condemnation cases |
Vol. 02, No. 2, p. 4 |
|
|
Court restates condemnation case valuation rules |
Vol. 02, No. 6, p. 3 |
|
|
Proper resolution must precede condemnation |
Vol. 02, No. 7, p. 1 |
|
|
Temporary deprivation of road access not inverse condemnation |
Vol. 03, No. 2, p. 1 |
|
|
Court discusses condemnation rights of housing authorities |
Vol. 03, No. 4, p. 5 |
|
|
Cost to cure is not proper measure of incidental damages |
Vol. 03, No. 5, p. 1 |
|
|
Flooding can constitute inverse condemnation |
Vol. 04, No. 4, p. 3 |
|
|
Change in traffic flow not a compensable taking |
Vol. 04, No. 7, p. 2 |
|
|
Condemnor must restore access or compensate landowner for its loss |
Vol. 04, No. 7, p. 5 |
|
|
Jury may consider effect of rezoning |
Vol. 05, No. 5, p. 3 |
|
|
Construction of traffic median not a compensable taking |
Vol. 05, No. 5, p. 3 |
|
|
Court considers when sales are "comparable" |
Vol. 05, No. 5, p. 5 |
|
|
Utility district's condemnee may withdraw deposit |
Vol. 05, No. 12, p. 2 |
|
|
Decision to condemn will be upheld unless arbitrary |
Vol. 06, No. 4, p. 2 |
|
|
Court rules on evidence in condemnation cases |
Vol. 06, No. 6, p. 4 |
|
|
Property may be condemned to serve single private user |
Vol. 07, No. 8, p. 2 |
|
|
Evidence of lost profits not always inadmissible in condemnation cases |
Vol. 07, No. 8, p. 4 |
|
|
Attorney General opines on title to condemned property |
Vol. 08, No. 12, p.4 |
|
|
Court of Appeals rules on issues in condemnation cases |
Vol. 08, No. 4, p. 3 |
|
|
Housing authorities must give proper notice of condemnation |
Vol. 08, No. 8, p. 1 |
|
|
Court of Appeals rules on eminent domain issues |
Vol. 09, No. 1, p. 5 |
|
|
Option protected by intergovernmental immunity |
Vol. 09, No. 5, p. 1 |
|
|
Alternative measures of damages available for inverse condemnation |
Vol. 09, No. 7, p. 4 |
|
|
Court rules on proof and damages in condemnation cases |
Vol. 09, No. 9, p. 3 |
|
|
Temporary flooding does not constitute taking |
Vol. 09, No. 10, p. 3 |
|
|
Special use may be considered in fixing condemnation damages |
Vol. 10, No. 2, p. 5 |
|
|
Owner must be compensated when railroad grants subeasement |
Vol. 10, No. 4, p. 2 |
|
|
Police power does not always justify regulatory taking |
Vol. 10, No. 6, p. 3 |
|
|
Discretionary costs may be awarded on condemnation case |
Vol. 10, No. 7, p. 1 |
|
|
Inverse condemnation statute beings to run when source of injury discovered |
Vol. 11, No. 9, p. 2 |
|
|
Chancery without inverse condemnation jurisdiction |
Vol. 11, No. 12, p. 5 |
|
|
Condemnation of leased property presents complex issues |
Vol. 12, No. 2, p. 2 |
|
|
Punitive damages not available for inverse condemnation |
Vol. 12, No. 3, p. 1 |
|
|
Only noise from direct overflights can constitute taking |
Vol. 12, No. 5, p. 2 |
|
|
Evidence of pollution relevant in condemnation case |
Vol. 12, No. 6, p. 1 |
|
|
Individual's right to challenge utility district condemnation is limited |
Vol. 12, No. 7, p. 2 |
|
|
Court discusses telephone company condemnation rights |
Vol. 12, No. 9, p. 4 |
|
|
Billboard not compensable in condemnation case |
Vol. 13, No. 3, p. 3 |
|
|
Condemnee has limited right to recover for increase in value caused by public project |
Vol. 13, No. 4, p. 1 |
|
|
Inverse condemnation not sole remedy for government intrusion |
Vol. 13, No. 5, p. 1 |
|
|
Direct overflight not required for taking |
Vol. 13, No. 7, p. 1 |
|
|
Punitive damages may be awarded in inverse condemnation action |
Vol. 13, No. 10, p. 2 |
|
|
Condemnation jury may consider likelihood of lease renewal and cancellation |
Vol. 14, No. 6, p. 3 |
|
|
Inverse condemnation action does not lie against state |
Vol. 15, No. 4, p. 2 |
|
|
Deed in lieu of condemnation does not terminate lease |
Vol. 15, No. 7, p. 3 |
|
|
City may take crossing if rights of railroad not materially impaired |
Vol. 15, No. 9, p. 3 |
|
|
Condemnation proper only in case of public necessity |
Vol. 16, No. 7, p. 2 |
|
|
Broker may testify in eminent domain proceeding |
Vol. 16, No. 12, p. 4 |
|
|
Inverse condemnation suit not solely remedy when government harms land |
Vol. 17, No. 3, p. 2 |
|
|
Cost of new access not separate element of damages in condemnation case |
Vol. 17, No. 5, p. 3 |
|
|
Court of Appeals rules on condemnation practice |
Vol. 18, No. 2, p. 3 |
|
|
Condemnor must comply with charter |
Vol. 18, No. 8, p. 2 |
|
|
Definition of public use is flexible |
Vol. 18, No. 8, p. 3 |
|
|
Owner may recover attorney’s fees when condemnation abandoned |
Vol. 18, No. 12, p. 3 |
|
|
Sublessees may share in proceeds of eminent domain |
Vol. 19, No. 10, p. 2 |
|
|
Reduction in access constitutes compensable taking |
Vol. 20, No. 2, p. 2 |
|
|
Whether taking has occurred is jury issue |
Vol. 20, No. 3, p. 2 |
|
|
Unlicensed appraiser or broker may not testify as to value |
Vol. 20, No. 4, p. 3 |
|
|
Remote purchase price inadmissible to show value |
Vol. 20, No. 9, p. 2 |
|
|
Damages for taking of railroad crossing are limited |
Vol. 20, No. 11, p. 3 |
|
|
Taking requires deliberate act |
Vol. 21, No. 2, p. 1 |
|
|
Interest is mandatory in eminent domain cases |
Vol. 21, No. 3, p. 2 |
|
|
Construction need not be imminent when property condemned |
Vol. 21, No. 5, p. 1 |
|
|
Demolition without notice constitutes taking |
Vol. 21, No. 6, p. 2 |
|
|
Deed language can bar inverse condemnation claim |
Vol. 21, No. 10, p. 1 |
|
|
One year statute applies to regulatory takings |
Vol. 22, No. 6, p. 1 |
|
|
Land may be taken for economic development |
Vol. 22, No. 11, p. 1 |
|
|
Tax appraisal may not be used to determine just compensation |
Vol. 23, No. 1, p. 1 |
|
|
State not liable for discretionary costs in condemnation case |
Vol. 23, No. 7, p. 2 |
|
|
Condemnor may inspect before taking |
Vol. 23, No. 9, p. 3 |
|
|
Deed does not necessarily bar inverse condemnation claim |
Vol. 23, No. 11, p. 1 |
|
|
Condemnor must consider lessee's interest |
Vol. 23, No. 11, p. 2 |
|
|
Condemnation of leased property presents complex issues |
Vol. 23, No. 11, p. 3 |
|
|
Cause of action for inverse condemnation accrues upon permanent injury |
Vol. 24, No. 5, p. 3 |
|
|
Condemnor may recover discretionary costs when deposit exceeds verdict |
Vol. 24, No. 11, p. 1 |
|
|
Inconvenience related to construction not a taking |
Vol. 26, No. 2, p. 2 |
|
|
Inverse condemnation statute begins to run early |
Vol. 26, No. 8, p. 2 |
|
|
Public improvement need not benefit everyone |
Vol. 26, No. 10, p. 2 |
|
|
Private condemnor may take nonsuit |
Vol. 26, No. 11, p. 1 |
|
Environmental Law |
Environmental laws affect real estate transactions |
Vol. 04, No. 11, p. 2 |
|
|
Attorney General discusses storm water user fees |
Vol. 11, No. 3, p. 4 |
|
|
Wetlands can be problematic |
Vol. 12, No. 2, p. 1 |
|
|
UST ownership may depend on lease language |
Vol. 12, No. 5, p. 4 |
|
|
Co-tenants liable for share of environmental cleanup costs |
Vol. 14, No. 1, p. 1 |
|
ESCROWS |
Closing agent not liable for stopping payment on escrow check |
Vol. 24, No. 3, p. 3 |
|
|
Bank has limited liability for paying forged escrow check |
Vol. 25, No. 8, p. 2 |
|
|
Loan proceeds may be paid to joint venturer |
Vol. 26, No. 9, p. 2 |
|
Estates IN LAND |
Conditional fee created only by clear language |
Vol. 08, No. 5, p. 3 |
|
|
Child’s surviving spouse not heir of life tenant’s body |
Vol. 19, No. 10, p. 3 |
|
|
Estate cannot be abandoned |
Vol. 21, No. 2, p. 2 |
|
|
Class gift does not benefit surviving spouse |
Vol. 21, No. 4, p. 3 |
|
|
All words considered in interpreting deed |
Vol. 21, No. 12, p. 2 |
|
|
Abandonment under defeasible fee requires intent and act or omission |
Vol. 22, No. 10, p. 1 |
|
Evidence |
Old property records admissible without custodian’s testimony |
Vol. 21, No. 1, p. 3 |
|
Federal Law |
Effect of federal law of real estate transactions must be considered |
Vol. 01, No. 2, p. 6 |
|
|
New Housing Act deregulates FHA rates and points |
Vol. 01, No. 5, p. 5 |
|
|
New tax law affects real estate transactions |
Vol. 02, No. 1, p. 3 |
|
|
Mortgagees must report foreclosures to IRS |
Vol. 03, No. 7, p. 3 |
|
|
Congress imposes duties on purchasers from foreigners |
Vol. 03, No. 21, p. 3 |
|
|
New tax law affects real estate transactions |
Vol. 04, No. 3, p. 1 |
|
|
IRS issues temporary regulations on reporting requirements |
Vol. 04, No. 9, p. 1 |
|
|
1987 Tax Act affects real estate transactions |
Vol. 05, No. 7, p. 1 |
|
|
Farm Credit System lender must give previous owner right of first refusal |
Vol. 05, No. 9, p. 3 |
|
|
Developers should be aware of Interstate Land Sales Full Disclosure Act |
Vol. 05, No. 10.- P. |
|
|
Federal fair housing law amended |
Vol. 06, No. 2, p. 4 |
|
|
Both federal and state law affect open end deeds of trust |
Vol. 07, No. 4, p. 3 |
|
|
Recent developments affect § 1031 exchanges |
Vol. 07, No. 11, p. 6 |
|
|
New reporting requirement regulations may take effect January 1 |
Vol. 08, No. 3, p. 4 |
|
|
New real estate reporting regulations become effective; life of tax liens extended |
Vol. 08, No. 5, p. 5 |
|
|
FIRREA affects real estate transactions |
Vol. 08, No. 12, p. 3 |
|
|
Federal debt collection law creates new lien rights |
Vol. 08, No. 12, p. 4 |
|
|
Federal Law Alert: ADA provisions take effect; IRS rules on points; HUD announces RESPA settlement |
Vol. 09, No. 5, p. 4 |
|
|
RTC issues policy statement on redemption rights and consents |
Vol. 09, No. 10, p. 5 |
|
|
Federal Law Update: EPA enacts final rule on lender liability; FDIC announces consent and redemption policies |
Vol. 09, No. 12, p. 3 |
|
|
HUD amends RESPA regulations |
Vol. 10, No. 4, p. 5 |
|
|
Reporting requirements amended; additional section 1031 regulations proposed |
Vol. 10, No. 5, p. 5 |
|
|
IRS publishes interim property tax reporting guidelines |
Vol. 10, No. 6, p. 4 |
|
|
Drug forfeiture innocent owner defense broadened |
Vol. 10, No. 8, p. 4 |
|
|
New federal tax law affects real estate |
Vol. 11, No. 1, p. 3 |
|
|
1031 exchanges raise questions |
Vol. 12, No. 3, p. 2 |
|
|
Federal Law Update: RESPA extended to second mortgages and refinancings; bankruptcy amendments affect real estate |
Vol. 12, No. 6, p. 4 |
|
|
Protection of Endangered Species Act extended |
Vol. 13, No. 3, p. 2 |
|
|
Federal Law Alert: Lead-based paint regulations promulgated |
Vol. 13, No. 11, p. 4 |
|
|
Federal Law Alert: HUD adopts new RESPA rules |
Vol. 14, No. 1, p. 3 |
|
|
Federal Law Alert: Superfund law amended to protect lenders and trustees |
Vol. 14, No. 6, p. 4 |
|
|
Many real estate transactions must be reported to IRS |
Vol. 17. No. 3, p. 4 |
|
|
Federal Law Alert: Electronic signature statute becomes law |
Vol. 18, No. 2, p. 3 |
|
|
Congress protects religious land use |
Vol. 18, No. 3, p. 4 |
|
|
Federal Law Alert: HUD publishes anti-flipping rules |
Vol. 20, No. 12, p. 4 |
|
|
Federal Law Alert: Conveyances to terror suspects are void |
Vol. 21, No. 2, p. 4 |
|
|
Federal Law Alert: Lawyers not subject to Gramm-Leach |
Vol. 23, No. 5, p. 4 |
|
|
Federal Law Alert: FDIC fully insures IOLTA accounts |
Vol. 26, No. 4, p. 4 |
|
|
Federal Law Alert: Congress protects tenants after foreclosure |
Vol. 26, No. 12, p. 4 |
|
First Refusal |
Transfer between co-tenants won't trigger right of first refusal |
Vol. 15, No. 10, p. 1 |
|
Fixtures |
Equipment lease may require fixture filing |
Vol. 01, No. 4, p. 3 |
|
|
Definition of mobile home is elusive |
Vol. 01, No. 6, p. 1 |
|
|
Priority of lien depends on collateral’s status as "mobile home" |
Vol. 04, No. 7, p. 3 |
|
|
Court of Appeals discusses fixtures |
Vol. 07, No. 5, p. 2 |
|
|
Priority of lien depends on collateral's status as "mobile home" |
Vol. 07, No. 11, p. 4 |
|
|
Modular buildings not necessarily part of real estate |
Vol. 11, No. 2, p. 1 |
|
|
"Fixture" status depends on intent and nature of annexation |
Vol. 14, No. 4, p. 3 |
|
Forfeiture |
Real estate practitioners should be aware of forfeiture statutes |
Vol. 07, No. 5, p. 3 |
|
|
Drug forfeiture innocent owner defense broadened |
Vol. 10, No. 8, p. 4 |
|
husband and wife |
Divorce does not affect purchaser of survivorship interest |
Vol. 04, No. 12, p. 1 |
|
|
Murder does not deprive surviving tenant by entireties of estate |
Vol. 05, No. 9, p. 4 |
|
|
Lien on survivorship interest extinguished by conveyance |
Vol. 06, No. 4, p. 1 |
|
|
Conveyance to defeat elective share may be set aside |
Vol. 07, No. 1, p. 1 |
|
|
Grantee estopped to deny marriage vis a vis bona fide purchaser |
Vol. 07, No. 9, p. 2 |
|
|
Lien on survivorship interest not extinguished by conveyance |
Vol. 07, No. 9, p. 3 |
|
|
Fraudulent conveyance does not destroy tenancy by the entireties |
Vol. 10, No. 7, p. 2 |
|
|
Murder deprives surviving tenant by entireties of estate |
Vol. 10, No. 7, p. 3 |
|
|
Lien on survivorship interest survives bankruptcy |
Vol. 10, No. 11, p. 3 |
|
|
Deed from one spouse to both creates tenancy by entireties |
Vol. 14, No. 11, p. 2 |
|
|
Consideration received by one spouse supports joinder by the other |
Vol. 15, No. 1, p. 1 |
|
|
Spouse's joinder sufficient to convey entire estate |
Vol. 18, No. 4, p. 3 |
|
|
One spouse can be other spouse's agent |
Vol. 25, No. 4, p. 3 |
|
|
Landlord entitled to insurance proceeds when tenant must rebuild |
Vol. 04, No. 5, p. 2 |
|
|
Coverage may be denied when insured increases risk of loss |
Vol. 05, No. 10, p. 3 |
|
|
All risk policy excludes damage caused by sewer leak |
Vol. 05, No. 11, p. 6 |
|
|
Payment for "total loss" under insurance policy requires loss of identity |
Vol. 06, No. 1, p. 2 |
|
|
All fire insurance proceeds must be paid to insured vendor |
Vol. 06, No. 7, p. 2 |
|
|
Innocent co-tenant may recover on insurance policy |
Vol. 14, No. 9, p. 1 |
|
|
Married couple with minor child has increased homestead exemption |
Vol. 26, No. 12, p. 2 |
|
Judgment Liens |
Stay doesn’t toll judgment lien enforcement statute |
Vol. 17. No. 3, p. 1 |
|
|
Judgment lien not extended by statutory amendments |
Vol. 21, No. 8, p. 3 |
|
|
Judgment lien must spell debtor's name correctly |
Vol. 24, No. 1, p. 1 |
|
|
Transfer does not change what judgment lien encumbers |
Vol. 24, No. 4, p. 1 |
|
|
Erroneously released deed of trust has priority over judgment lien |
Vol. 24, No. 6, p. 2 |
|
|
Recording creates lien only if judgment is final |
Vol. 24, No. 10, p. 2 |
|
|
Recorded sessions court judgment is lien despite appeal |
Vol. 25, No. 3, p. 1 |
|
Judicial Sales |
Chancellor must ensure fairness of judicial sale |
Vol. 01, No. 10, p. 2 |
|
|
Publication must comply strictly with statute |
Vol. 03, No. 3, p. 1 |
|
|
Court must ensure fairness of judicial sale |
Vol. 08, No. 11, p. 3 |
|
|
Defective notice invalidates tax sale |
Vol. 09, No. 6, p. 3 |
|
|
Realty can't be sold unless sheriff's return shows no personalty |
Vol. 09, No. 9, p. 1 |
|
|
Judicial sale may be set aside for unilateral mistake |
Vol. 10, No. 7, p. 1 |
|
|
Constructive notice to owner is sufficient for valid tax sale |
Vol. 12, No. 4, p. 2 |
|
|
Creditor entitled to sale of survivorship interest |
Vol. 12, No. 7, p. 2 |
|
|
Publication inadequate notice of tax sale if address ascertainable |
Vol. 15, No. 2, p. 4 |
|
|
Tax sale voidable when owner not notified |
Vol. 16, No. 10, p. 1 |
|
|
Redemption period cannot be extended |
Vol. 18. No, 9, p. 1 |
|
|
Mortgages must be notified of tax sale |
Vol. 18, No. 11, p. 2 |
|
|
Lienholder outside chain of title may redeem |
Vol. 19, No. 5, p. 1 |
|
|
Ability to repair tax sale property is limited |
Vol. 24, No. 5, p. 2 |
|
|
Tax sale redemption law is constitutional |
Vol. 21, No. 12, p. 3 |
|
|
Tax sales does not include mobile home |
Vol. 23, No. 4, p. 2 |
|
|
Sheriff must take more than minimal steps to locate taxpayer |
Vol. 23, No. 6, p. 1 |
|
|
Mortgagee may be notified of tax sale by regular mail |
Vol. 23, No. 9, p. 2 |
|
|
Federal Law Alert: USSC adopts version of Tennessee tax sale rule |
Vol. 24, No. 2, p. 2 |
|
|
Tax sale requires due diligence |
Vol. 24, No. 4, p. 3 |
|
|
Right of redemption is transferable |
Vol. 20, No. 12, p. 2 |
|
|
Ability to repair tax sale property limited |
Vol. 24, No. 5, p. 2 |
|
|
Heirs must take steps to ensure receipt of tax sale notice |
Vol. 25, No. 6, p. 2 |
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Redeeming owner must tender back tax payments |
Vol. 26, No. 1, p. 3 |
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Redeeming owner need not tender additional taxes |
Vol. 26, No. 11, p. 2 |
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Landlord and Tenant |
Tenant's agreement to pay taxes; landlord's notice of default |
Vol. 01, No. 1, p. 3 |
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Landlord's re-entry and reletting of abandoned premises can end tenant's liability |
Vol. 01, No. 2, p. 1 |
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Right to future rent not a chose in action |
Vol. 01, No. 2, p. 3 |
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Landlord not liable for injury to tenant's guest |
Vol. 01, No. 5, p. 2 |
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Tenant's lawyer must cover basics when negotiating building lease |
Vol. 01, No. 5, p. 5 |
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Landlord's failure to seek possession pending appeal not fatal to rent claim |
Vol. 01, No. 8, p. 3 |
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Disapproval of sublease because tenant would profit unreasonable |
Vol. 01, No. 9, p. 1 |
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Existence of implied covenant to operate depends on circumstances |
Vol. 02, No. 2, p. 1 |
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Tenant's negligence does not bar equitable relief |
Vol. 02, No. 4, p. 1 |
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Tenant not required to rebuild premises destroyed by fire |
Vol. 02, No. 8, p. 1 |
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Landlord liable for activities on adjoining premises |
Vol. 02, No. 10, p. 3 |
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Court interprets repair clause in lease |
Vol. 02, No. 10, p. 4 |
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Lien encumbers fee only if tenant is landlord's agent |
Vol. 02, No. 12, p. 1 |
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Court rules on landlord liability for criminal acts |
Vol. 02, No. 12, p. 3 |
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Tenant may remove trade fixtures |
Vol. 03, No. 3, p. 3 |
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Landlord liable for damage to tenant's detained personalty |
Vol. 03, No. 4, p. 4 |
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Assignor not liable for assignee's breach during holdover term |
Vol. 03, No. 5, p. 2 |
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Detainer action must be appealed within two days |
Vol. 03, No. 8 p. 1 |
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Landlord must have notice of common area defects |
Vol. 03, No. 12, p. 3 |
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Tenant's failure to pay rent bars subcontractor's unjust enrichment claim |
Vol. 04, No. 1, p. 3 |
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Lien does not encumber fee unless lease requires improvements |
Vol. 04, No. 2, p. 2 |
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Landlord entitled to insurance proceeds when tenant must rebuild |
Vol. 04, No. 5, p. 2 |
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Landlord's reentry does not end tenant's liability if lease so provides |
Vol. 04, No. 5, p. 3 |
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Court rules on detainer suits |
Vol. 04, No. 6, p. 2 |
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Rescission may be available if essential lease condition fails |
Vol. 04, No. 6, p. 5 |
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Detainer suit does not bar collection of future damages |
Vol. 04, No. 8, p. 3 |
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Landlord may be held liable for crime against tenant |
Vol. 04, No. 8, p. 5 |
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Threats alone do not amount to constructive eviction |
Vol. 05, No. 4, p. 5 |
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Lessee not liable for sublessee's negligence absent agency, joint venture, or partnership |
Vol. 05, No. 6, p. 2 |
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Termination of month-to-month tenancy requires full month's notice |
Vol. 06, No. 1, p. 1 |
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Option to purchase in lease must contain purchase price |
Vol. 06. No. 1, p. 4 |
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Equity may preclude forfeiture of lease |
Vol. 06, No. 8, p. 3 |
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Landlord has choice of remedies upon tenant's breach |
Vol. 06, No. 9, p. 2 |
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Court deals with landlord tort liability |
Vol. 06, No. 11, p. 4 |
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Landlord's threats can constitute constructive eviction |
Vol. 07, No. 2, p. 2 |
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Landlord must act in good faith when consent may not be "unreasonably withheld" |
Vol. 07, No. 3, p. 1 |
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Tenant's contractor may recover from landlord in quasi contract |
Vol. 07, No. 6, p. 1 |
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Use clauses in leases are strictly construed |
Vol. 07, No. 6, p. 3 |
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Tenant indemnities can contain traps |
Vol. 07, No. 8, p. 3 |
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Covenant of quiet enjoyment not breached by independent contractor's negligent work |
Vol. 07, No. 12, p. 1 |
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Court of Appeals rules on damages under lease |
Vol. 08, No. 1, p. 4 |
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Court of Appeals interprets rent clause |
Vol. 08, No. 3, p. 2 |
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Subordinated ground lease is risky for landlord |
Vol. 08, No. 4, p. I |
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Lease guaranty does not apply to renewal term |
Vol. 08, No. 10, p. 1 |
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Landlord may waive tenant's breach of repair obligation |
Vol. 08, No. 10, p. 3 |
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Tenant may not obtain reimbursement for leasehold improvements |
Vol. 08, No. 10, p. 5 |
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URLTA's population classification is constitutional |
Vol. 09, No. 1, p. 1 |
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Assignment and subletting restrictions are strictly construed |
Vol. 09, No. 7, p. 2 |
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Subordinating landlord not surety |
Vol. 09, No. 8, p. 2 |
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Housing code violation constitutes negligence per se |
Vol. 09, No. 12, p. 1 |
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Lease renewal procedures must be followed strictly |
Vol. 09, No. 12, p. 3 |
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Landlord may not cut off tenant's utilities |
Vol. 10, No. 1, p. 3 |
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Exculpatory clauses in residential leases invalid |
Vol. 10, No. 2, p. I |
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Tenant not due jury trial in general sessions detainer action |
Vol. 10, No. 3, p. 1 |
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Only landlord with notice liable to crime victim |
Vol. 10, No. 3, p. 3 |
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CPI escalation clause in lease should be clear |
Vol. 10, No. 7, p. 4 |
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Lease termination not allowed without forfeiture clause |
Vol. 10, No. 7, p. 6 |
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Frustration of commercial purpose defense unavailable to lessee |
Vol. 10, No. 8, p. 2 |
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Landlord liable for injury caused by tenant's dog |
Vol. 10. No. 1, p. I |
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Court interprets common area maintenance provision in lease |
Vol. 10, No. 10, p. 2 |
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Provision allowing excessive liquidated damages is not enforceable |
Vol. 10, No. 11, p. 2 |
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Tenant that resumes possession is not constructively evicted |
Vol. 10, No. 12, p. 2 |
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Tenant may not terminate lease for landlord's failure to repair |
Vol. 11, No. 1, p. 1 |
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Rent payment delinquency not incurable default |
Vol. 11, No. 1, p. 2 |
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Tenant waives notice of default by renouncing obligations |
Vol. 11, No. 2, p. 4 |
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Late exercise of renewal option valid under special circumstances |
Vol. 11, No. 4, p. 1 |
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All assignees must exercise lease renewal option |
Vol. 11, No. 6, p. 3 |
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Holdover damages are greater of prior rent or rental value |
Vol. 11, No. 7, p. 1 |
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Landlord not liable for dangerous condition absent negligence |
Vol. 11, No. 8, p. 3 |
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Landlord need not always provide fire exit |
Vol. 11, No. 9, p. 3 |
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Exculpatory clause in mini-warehouse lease enforceable |
Vol. 12, No. 1, p. 2 |
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Often used lease provisions won't make tenant liable for fire damage |
Vol. 12, No. 4, p. 1 |
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Exculpatory clauses are strictly construed |
Vol. 12, No. 7, p. 3 |
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Demand required to increase holdover rent |
Vol. 12, No. 10, p. 2 |
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One assignee not liable to another for failure to renew lease |
Vol. 12, No. 10, p. 3 |
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Former tenant does not receive credit for profits of reletting |
Vol. 13, No. 1, p. 1 |
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Lease may waive demand for rent |
Vol. 13, No. 2, p. 2 |
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Reletting after abandonment can terminate lease |
Vol. 13, No. 3, p. 1 |
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Knowledge of lease terms precludes estoppel |
Vol. 13, No. 4, p. 2 |
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URLTA tenant may recover attorney's fees for landlord's building code violation |
Vol. 13, No. 5, p. 2 |
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Lease may be cancelled despite lack of forfeiture clause |
Vol. 13, No. 6, p. 1 |
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Defaulting tenant liable only for present value of future rent |
Vol. 13, No. 6, p. 3 |
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Maintenance clause won't make landlord liable for criminal acts |
Vol. 13, No. 8, p. 3 |
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Failure to exercise right of first refusal won't terminate lease |
Vol. 13, No. 9, p. 1 |
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Landlord not responsible for actions of tenant's dog absent knowledge |
Vol. 13, No. 9, p. 2 |
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"As is" clause protects landlord from liability for tenant's injury |
Vol. 14, No. 3, p. 3 |
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Landlord may collect "penalty" rent during holdover |