INDEX TO TENNESSEE REAL ESTATE LAW LETTER

Acknowledgments

Acknowledgment statute amended

Vol. 01, No. 1, p. 6

 

Grantor's lawyer held liable to grantees for defective acknowledgments

Vol. 04, No. 6, p. 1

 

Attorney liable for defective acknowledgment

Vol. 05, No. 6, p. 3

 

Attorney General opines on forms of acknowledgments

Vol. 09, No. 5, p. 3

 

Failure to pay property taxes does not bar defense of title

Vol. 14, No. 10, p. 2

 

Instrument lacking notary’s seal does not give constructive notice

Vol. 17, No. 7, p. 3

 

Acknowledgment must reflect representative capacity

Vol. 19 No. 12, p. 1

 

Acknowledgment need not show basis of notary’s knowledge

Vol. 20, No. 4, p. 1

 

Acknowledgment must name signatories

Vol. 22, No. 2, p. 1

 

Notary's certificate must show intent

Vol. 22, No. 8, p. 2

 

Retroactive change in acknowledgment statute upheld

Vol. 24, No. 10, p. 1

Adverse Possession AND PRESCRIPTION

Suit to recover realty barred if taxes not paid for twenty years

Vol. 01, No. 8, p. 2

 

Reservation of mineral rights will not defeat color of title claim

Vol. 01, No. 9, p. 5

 

Co-tenant must be in continuous possession to acquire title by prescription

Vol. 02, No. 4, p. 2

 

Type of land governs acts needed for adverse possession

Vol. 02, No. 10, p. 4

 

Ousted adverse possessor liable for rent less value of improvements

Vol. 04, No. 4, p. 2

 

Champertous conveyance is void

Vol. 05, No. 8, p. 3

 

Suit to recover realty barred if taxes not paid for 20 years

Vol. 07, No. 4, p. 1

 

Court rules on adverse possession and prescription

Vol. 08, No. 1, p. 3

 

Tacking allowed only if users in privity

Vol. 17,  No. 08, p. 2

 

Adverse possession against cotenant requires notice and ouster

Vol. 09, No. 10, p. 3

 

Deed with incorrect legal description does not confer color of title

Vol. 11, No. 4, p. 4

 

Occasional parking no bar to superior title

Vol. 12, No. 12, p. 2

 

Failure to pay property taxes does not bar defense of title

Vol. 14, No. 10, p. 2

 

Possession is adverse even if due to mistake

Vol. 14, No. 11, p. 3

 

Statements by co-tenant may prove permissive use

Vol. 15, No. 2, p. 2

 

Fence may be required for ownership by adverse possession

Vol. 16, No. 4, p. 2

 

Adverse possession by co-tenant requires ouster

Vol. 16, No. 5, p. 3

 

Interruption of use defeats prescriptive easement

Vol. 16, No. 9, p. 2

 

Owner’s acquiescence and road’s relocation will not defeat prescriptive easement

Vol. 17, No. 9, p. 3

 

Title by prescription requires exclusive use and no disabilities or permission

Vol. 19, No. 7, p. 2

 

Commencement of construction triggers adverse possession statute

Vol. 19, No. 11, p. 2

 

Boundary may be fixed by acquiescence

Vol. 20, No. 4, p. 2

 

Deed to adversely possessed property is void

Vol. 20, No. 8, p. 3

 

Mistakenly conveyed property may be adversely possessed

Vol. 21, No. 3, p. 1

 

Statute tolled against remaindermen until life tenant dies

Vol. 22, No. 10, p. 2

 

Tax payment statute has no contiguous property exception

Vol. 23, No. 8, p. 1

 

Tax payment statute has contiguous property exception

Vol. 24, No. 10, p. 3

 

Disability precludes title by prescription

Vol. 25, No. 11, p. 2

 

Reference to plat gives color of title

Vol. 25, No. 12, p. 3

 

Statute runs against trust despite beneficiary's disability

Vol. 25, No. 1, p. 1

Annexation

Some contract purchasers may challenge annexations

Vol. 09, No. 9, p. 2

Appraisers

Lender's appraiser not liable to buyer

Vol. 14, No. 1, p. 2

 

Negligent appraiser not liable absent reliance

Vol. 18, No. 6, p. 1

Arbitration

Agreements to arbitrate future disputes

Vol. 01, No. 1, p. 5

 

Construction arbitrator may award attorneys’ fees

Vol. 19, No. 7, p. 3

 

Party who participates in lawsuit does not waive arbitration

Vol. 19, No. 8, p. 3

 

Arbitration clause in unsigned contract is enforceable

Vol. 19. No. 9, p. 3

 

Agreement to arbitrate must run both ways

Vol. 22, No. 1, p. 1

 

Arbitration waived absent immediate appeal

Vol. 23, No. 5, p. 1

Auctions

Announcements at auctions bind purchasers

Vol. 04, No. 11, p. 1

 

Auctioneer entitled to commission when owner sells property

Vol. 16, No. 2, p. 1

Boundaries

Court summarizes boundary dispute law

Vol. 02, No. 6, p. 2

 

Absent special circumstances, landowner need not erect boundary fence

Vol. 05, No. 4, p. 4

 

Court rules on proof in boundary fine cases

Vol. 06, No. 9, p. 5

 

Inaccurate but recognized boundary binds purchaser

Vol. 07, No. 1, p. 3

 

Right to lateral support is absolute

Vol. 07, No. 3, p. 2

 

Court addresses boundary disputes

Vol. 13, No. 7, p. 4

 

Circuit court may hear boundary line suits

Vol. 14, No. 2, p. 3

 

Oral boundary agreement is enforceable

Vol. 15, No. 6, p. 1

 

Estoppel is possible defense to encroachment action

Vol. 21, No. 6, p. 3

 

Court may not appoint surveyor to set boundaries

Vol. 22, No. 4, p. 3

 

Grantor not necessary party to boundary suit

Vol. 24, no. 12, p. 2

 

Complaint need not expressly allege boundary dispute

Vol. 25, No. 4, p. 2

 

Fence does not necessarily establish boundary

Vol. 25, No. 6, p. 1

 

Surveyor's conclusions may be rebutted by non-survey evidence

Vol. 25, No. 2, p. 1

 

Ejectment action not sole vehicle for determining ownership

Vol. 25, No. 5, p. 2

Brokers

Affiliate broker not entitled to commission after listing rejected

Vol. 01, No. 8, p. 5

 

Court rules on real estate brokerage issues

Vol. 02, No. 5, P. 5

 

Court rules on broker, liability, and right to commission

Vol.0 3, No. 1, p. 3

 

Court rules on broker's right to commission

Vol. 03, No. 3, p. 4

 

Attorney general opines on brokers

Vol. 03, No. 6, p. 4

 

Broker not entitled to commission upon foreclosure

Vol. 03, No. 10, p. 2

 

Broker held procuring cause of sale despite break in negotiations

Vol. 04, No. 2, p. 1

 

Exclusive agency does not necessarily limit owner's right to sell

Vol. 05, No. 2, p. 1

 

Broker with exclusive listing need not be procuring cause of sale

Vol. 05, No. 6, p. 1

 

Unlicensed person may not recover brokerage commission

Vol. 06, No. 8, p. 2

 

Commission not affected by reduction in purchase money note

Vol. 06, No. 8, p. 5

 

Affiliate broker may not sue client for commission

Vol. 06, No.10, p. 2

 

Broker earns commission when buyer procured

Vol. 06, No.12, p. 1

 

Out-of-state broker can recover commission on Tennessee transaction

Vol. 07, No. 11, p. 3

 

Broker has duty to disclose pertinent matters to all parties

Vol. 08, No. 2, p. 1

 

Broker liable for salesman's wrongdoing

Vol. 08, No. 9, p. 4

 

Broker must disclose personal interest to principal

Vol. 08, No. 9, p. 5

 

Out-of-state auction company cannot recover commission in Tennessee

Vol. 08, No. 11, p. 4

 

Broker not entitled to commission on new lease

Vol. 09, No. 2, p. 1

 

Broker who wrongfully returns earnest money forfeits commission

Vol. 09, No. 3, p. 1

 

Broker's right to commission governed by terms of contract

Vol. 09, No. 7, p. 1

 

Broker may be liable for injuries on listed realty

Vol. 10, No. 2, p. 2

 

Broker who breaches duty forfeits commission

Vol. 10, No. 4, p. 1

 

Commission may not be due when owner procures buyer

Vol. 10, No. 9, p. 2

 

Assignee of unlicensed broker not entitled to commission

Vol. 10, No. 10, p. 1

 

Cancellation of contract does not deprive broker of commission

Vol. 11, No. 4, p. 3

 

"Business broker" may need real estate license

Vol. 11, No. 9, p. 1

 

Joint venture does not entitle broker to commission

Vol. 11, No. 11, p. 2

 

Misleading principal costs broker commission

Vol. 12, No. 1, p. 3

 

Buyer generally not liable for agent's commission

Vol. 12, No. 9, p. 1

 

Broker entitled to commission despite failure of conditions

Vol. 13, No. 8, p. 2

 

Broker may not recover commission on "new lease"

Vol. 14, No. 7, p. 3

 

Seller liable for broker's commission when unable to deliver title

Vol. 15, No. 10, p. 4

 

Paid agent can't take advantage of broker licensing exemption

Vol. 15, No. 12, p. 2

 

Innocent broker not liable for seller’s misrepresentation

Vol. 16 No. 8, p. 3

 

Corporate real estate employee may need broker’s license

Vol. 17. No. 2, p. 1

 

Real Estate Commission comments on Bowden

Vol. 17 No. 4, p. 3

 

Affiliate broker may not sue for commission

Vol. 17, No. 11, p. 2

 

Broker can’t recover commission absent contract

Vol. 19, No. 7, p. 1

 

Introducing prospect does not make broker procuring cause

Vol. 19, No. 9, p. 1

 

Brokers may arbitrate commission disputes

Vol. 19, No. 12, p. 4

 

Unexecuted brokerage agreement may be enforceable

Vol. 22, No. 9, p. 3

 

Broker's license required when realty is material part of sale

Vol. 24, No. 2, p. 1

 

Defaulting buyer may be liable for commission

Vol. 25, No. 10, p. 2

 

Broker working on auction does not necessarily need auctioneer's license

Vol. 25, No. 11, p. 4

 

No commission due when contract unacceptable to owner

Vol. 26, No. 5, p. 1

 

Broker’s name on contract need not match license

Vol. 26, No. 7, p. 3

Cemeteries

Evidence of cemetery dedication must be definite

Vol. 01, No. 8, p. 4

 

Unrelated parties lack standing to challenge removal of graves

Vol. 19, No. 1, p. 1

Condominiums

Owners association can sue for members

Vol. 03, No. 2, p. 2

 

FNMA amends guidelines

Vol. 06, No. 5, p. 5

 

Court rules on homeowners association assessments

Vol. 08, No. 7, p. 4

 

FNMA amends condominium guidelines

Vol. 11, No. 6, p. 4

 

Owners association actions upheld unless unreasonable

Vol. 11, No. 7, p. 2

 

Master deed limits condominium board's authority

Vol. 12, No. 5, p. 1

 

Condominium association needs clear authority to grant easement

Vol. 19, No. 1, p. 2

 

Condominium development does not require planning commission’s consent

Vol. 19, No. 4, p. 4

 

Unit owner not liable for injury in condominium common area

Vol. 22, No. 4, p. 1

 

New condominium law becomes effective January 1

Vol. 26, No. 3, p. 1

Construction

Court deals with contractor licensing

Vol. 03, No. 5, p. 2

 

Measure of damages for construction defects is cost to repair

Vol. 07, No. 1, p. 2

 

Oral change orders can be unenforceable

Vol. 07, No. 12, p. 2

 

Court interprets insurance provisions of construction contract

Vol. 08, No. 7, p. 3

 

Delay may permit rescission of construction contract

Vol. 08, No. 9, p. 3

 

Court of Appeals rules on construction contracts

Vol. 09, No. 6, p. 3

 

Suit barred three years after construction defect discoverable

Vol. 09, No. 7, p. 4

 

Attorney General discusses monetary limitations on contractors' licenses

Vol. 10, No. 8, p. 3

 

Unlicensed contractor not required to refund amounts previously paid

Vol. 11, No. 1, p. 3

 

Architect's contract enforceable despite lack of specificity

Vol. 11, No. 3, p. 2

 

Contractor assumes risk of unexpected difficulties

Vol. 11, No. 6, p. 1

 

Defective construction subject to three-year statute

Vol. 11, No. 8, p. 1

 

General contractor needs written contract for home improvement job

Vol. 12, No. 5, p. 3

 

"Pay when paid" clause in subcontract is valid

Vol. 12, No. 7, p. 1

 

Construction contract may be rescinded for mutual mistake

Vol. 13, No. 1, p. 3

 

"Pay when paid" clause in subcontract not favored

Vol. 13, No. 10, p. 3

 

"Subcontractor" who deals directly with owner must be licensed

Vol. 13, No. 2, p. 1

 

Change order not required for additional work

Vol. 14, No. 2, p. 1

 

Negligent builder may be held liable to remote purchaser

Vol. 14, No. 3, p. 1

 

Construction statute runs despite need for repairs and absence of sale

Vol. 14, No. 4, p. 2

 

Comparative fault statute does not extend time to sue contractor

Vol. 15, No. 7, p. 2

 

Statute begins to run when contractor refuses to repair defects

Vol. 15, No. 9, p. 2

 

Retainage escrow statute overrides arbitration clause

Vol. 16, No. 2, p. 2

 

Four-year statute of repose applies to nuisance claim

Vol. 16 No.  4, p. 3

 

Owner need only exercise reasonable care to protect contractor

Vol. 16. No. 5, p. 1

 

Written change order stipulation is waivable

Vol. 16, No. 5, p. 2

 

Subcontractor need not be licensed and must be given chance to cure

Vol. 16, No. 5, p. 3

 

Whether contract induced by fraud not subject to arbitration

Vol. 16, No. 6, p. 1

 

Time generally not of the essence of construction contract

Vol. 16, No. 11, p. 3

 

Unlicensed home improvement contractor may recover in quantum merit

Vol. 19, No. 6, p. 2

 

Need for contractor’s license determined when work begins

Vol. 20, No. 8, p. 1

 

Exculpatory clause in home inspection contract is unenforceable

Vol. 20, No. 10, p. 1

 

“Subcontractor” dealing with owner must have license

Vol. 21, No. 10, p. 2

 

Unlicensed contractor fully liable to owner

Vol. 22, No. 11, p. 2

 

Trial court has broad discretion concerning testimony of construction expert

Vol. 23, No. 3, p. 3

 

Consumer Protection Act does not require privity

Vol. 24, No. 1, p. 3

 

Abandoning contractor need not be given opportunity to cure

Vol. 24, No. 6, p. 3

 

Actions can cause waiver of "time is of the essence" clause

Vol. 25, No. 3, p. 2

 

Contractor’s surety may be subrogated to rights of owner

Vol. 26, No. 6, p. 3

Corporations

Title to real estate of a corporation with revoked charter

Vol. 01, No. 1, p. 2

Deeds

Deed presumed delivered and accepted if in grantee's possession

Vol. 06, No. 3, p. 4

 

Agreements concerning what is to be conveyed are merged into deed

Vol. 08, No. 9, p. 4

 

Covenants of title cover quantity of land

Vol. 09, No. 3, p. 1

 

County may not sue on warranties in deed to state

Vol. 10, No. 8, p. 2

 

Deed exception gives adequate notice of property defect

Vol. 10, No. 9, p. 3

 

Conveyance valid despite removal of grantee's name from deed

Vol. 10, No. 10, p. 4

 

Court rules on damages for breach of covenants of title

Vol. 12, No. 4, p. 3

 

Grantee may take title in fictitious name

Vol. 13, No. 8, p. 4

 

Quitclaim deed grantee doesn't take grantor's later acquired title

Vol. 13, No. 12, p. 3

 

Granting clause in deed does not always prevail over subsequent limitation

Vol. 16 No. 7, p. 2

 

Interest may be retained in habendum clause

Vol. 18, No. 7, p. 1

 

More than preponderance of evidence needed to show forgery

Vol. 18, No. 10, p. 1

 

Deed may not be reformed against b.f.p.

Vol. 18, No. 10, p. 2

 

Unsigned deed may be reformed

Vol. 19, No. 4, p. 2

 

Excluded property may be shown by parol

Vol. 19, No. 5, p. 2

 

Granting clause prevails over derivation clause

Vol. 19, No. 8, p. 2

 

“Confidential relationship” lacks precise definition

Vol. 20, No. 7, p. 2

 

Grantor’s intent determines grantee

Vol. 26, No. 3, p. 4

 

Imprecise deed description can still be effective

Vol. 26, No. 10, p. 3

Deeds of Trust, FORECLOSURES, AND LOANS

Deed absolute as security causes problems for grantee

Vol. 01, No. 2, p. 4

 

Mortgagor must prove inadequacy of sale price to avoid deficiency judgment

Vol. 01, No. 3, p. 1

 

Description of indebtedness in deed of trust must not be misleading

Vol. 01, No. 4, p. 2

 

Often used language held insufficient to waive redemption right

Vol. 01, No. 7, p. 1

 

Purchaser at foreclosure not liable for personalty or business taxes

Vol. 01, No. 9, p. 6

 

"Contract for deed" does not violate due on sale clause

Vol. 01, No. 10, p. 1

 

Law review article challenges power of sale foreclosure

Vol. 01, No. 12, p. 4

 

Bank deed of trust with dragnet clause secures overdrafts

Vol. 02, No. 4, p. 4

 

Inadequacy of sale price alone will not invalidate foreclosure

Vol. 02, No. 5, p. 1

 

Mortgagee denied recovery for payments on senior debt

Vol. 02, No. 6, p. 1

 

Sixth Circuit rejects Durrett

Vol. 02, No. 10, p. 1

 

Notice excused if borrower has actual knowledge of foreclosure

Vol. 02, No. 11, p. 1

 

Redemption requires tender of amount paid

Vol. 02, No. 11, p. 3

 

Delay in tender of bid price does not void foreclosure

Vol. 03, No.  1, p. 1

 

Supreme Court rules on collection and foreclosure fees

Vol. 03, No. 6, p. 3

 

Mortgagees must report foreclosures to IRS

Vol. 03, No. 7, p. 3

 

Middle Section follows Prichard

Vol. 03, No. 9, p. 1

 

Court considers what redeeming mortgagor must tender

Vol. 04, No. 12, p. 2

 

Supreme Court rejects Prichard

Vol. 05, No. 1, p. 1

 

"Lease" violates due on sale clause

Vol. 05, No. 5, p. 4

 

Farm Credit System lender must give previous owner right of first refusal

Vol. 05, No. 9, p. 3

 

Foreclosure proceeds may not be used to discharge prior lien

Vol. 06, No. 6, p. 1

 

Foreclosure must comply with deed of trust

Vol. 06, No. 6, p. 3

 

Prepayment premium not collectible when payee accelerates debt

Vol. 06, No. 7, p. 1

 

Accepting late payments may limit lender's right to accelerate

Vol. 06, No. 7, p. 3

 

Both federal and state law affect open end deeds of trust

Vol. 07, No. 4, p. 3

 

Indefinite subordination clause may be unenforceable

Vol. 07, No. 5, p. 1

 

Attorney's fee clause should specify when payment is due

Vol. 07, No. 6, p. 1

 

Excess foreclosure proceeds may constitute insured deposits

Vol. 08, No. 2, p. 5

 

Oral loan commitment must be definite

Vol. 08, No. 5, p. 2

 

Foreclosing timeshare mortgagee may not disturb purchasers

Vol. 08, No. 5, p. 4

 

Foreclosure must comply only with statute when trust deed unclear

Vol. 08, No. 6, p. 1

 

Deed in lieu of foreclosure does not always result in merger

Vol. 08, No. 6, p. 4

 

Mortgagee need not act in a commercially reasonable manner

Vol. 08, No. 7, p. 1

 

Purchaser that does not assume mortgage may be liable for payments

Vol. 08, No. 7, p. 2

 

Mortgagors should consider tax consequences of foreclosures, deeds in lieu, and workouts

Vol. 08, No. 8, p. 3

 

Trustee's announcements not binding unless in writing

Vol. 09, No. 1, p. 4

 

Inverse alienation doctrine does not always protect purchaser

Vol. 09, No. 6, p. 1

 

Spouse should sign homestead property deed of trust

Vol. 09, No. 7, p. 3

 

Purchaser does not assume mortgage absent specific agreement

Vol. 09, No. 10, p. 2

 

Non-recourse clause binding only if lender signs note

Vol. 09, No. 11, p. 1

 

Purchaser does not assume mortgage unless agreement is clear

Vol. 10, No. 4, p. 4

 

HUD amends RESPA regulations

Vol. 10, No. 4, p. 5

 

Payoff letter should cover all indebtedness

Vol. 11, No. 4, p. 7

 

Failure to name second mortgagee does not void foreclosure

Vol. 12, No. 1, p. 1

 

Mortgagee not responsible for maintaining insurance

Vol. 12, No. 6, p. 2

 

Attorney's fees must be reasonable

Vol. 14, No. 5, p. 2

 

Foreclosure may be set aside because of mistake

Vol. 14, No. 8, p. 3

 

Court declines to construe deed as mortgage

Vol. 14, No. 10, p. 3

 

Exculpatory clause won't protect lender with duty to borrower

Vol. 14, No. 11, p. 1

 

Non-compliance with TCA § 47-28-104 doesn't always affect priority

Vol. 14, No. 12, p. 2

 

Second mortgagee should seek assurances from first mortgagee

Vol. 15, No. 5, p. 3

 

Lender need not disclose title defect to borrower

Vol. 15, No. 11, p. 2

 

Purchase money deed of trust has priority over judgment lien

Vol. 16, No. 1, p. 1

 

Judgment against seller is prior to buyer’s deed of trust

Vol. 16, No. 4, p. 4

 

New indebtedness tax payable on assumption if mortgagor released

Vol. 16. No. 8, p. 4

 

Deed in lieu not fraudulent conveyance

Vol. 16 No., 11, p. 3

 

Purchase at foreclosure can give rise to resulting trust

Vol. 18, No. 6, p. 2

 

Equitable subrogation available to mortgagee

Vol. 19, No. 11, p. 1

 

Land value is measure of damages for wrongful release

Vol. 20, No. 1, p. 3

 

Lienor’s knowledge makes defect in foreclosure irrelevant

Vol. 20, No. 3, p. 3

 

Knowledge of prior trust deed precludes equitable subrogation

Vol. 22, No. 6, p. 3

 

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

 

Redeeming owner must tender back tax payments

Vol. 26, No. 1, p. 3

 

Redeeming owner need not tender additional taxes

Vol. 26, No. 11, p. 2

Landlord and Tenant

Tenant's agreement to pay taxes; landlord's notice of  default

Vol. 01, No. 1, p. 3

 

Landlord's re-entry and reletting of abandoned premises  can end tenant's liability

Vol. 01, No. 2, p. 1

 

Right to future rent not a chose in action

Vol. 01, No. 2, p. 3

 

Landlord not liable for injury to tenant's guest

Vol. 01, No. 5, p. 2

 

Tenant's lawyer must cover basics when negotiating building lease

Vol. 01, No. 5, p. 5

 

Landlord's failure to seek possession pending appeal not fatal to rent claim

Vol. 01, No. 8, p. 3

 

Disapproval of sublease because tenant would profit  unreasonable

Vol. 01, No. 9, p. 1

 

Existence of implied covenant to operate depends on  circumstances

Vol. 02, No. 2, p. 1

 

Tenant's negligence does not bar equitable relief

Vol. 02, No. 4, p. 1

 

Tenant not required to rebuild premises destroyed by fire

Vol. 02, No. 8, p. 1

 

Landlord liable for activities on adjoining premises

Vol. 02, No. 10, p. 3

 

Court interprets repair clause in lease

Vol. 02, No. 10, p. 4

 

Lien encumbers fee only if tenant is landlord's agent

Vol. 02, No. 12, p. 1

 

Court rules on landlord liability for criminal acts

Vol. 02, No. 12, p. 3

 

Tenant may remove trade fixtures

Vol. 03, No. 3, p. 3

 

Landlord liable for damage to tenant's detained  personalty

Vol. 03, No. 4, p. 4

 

Assignor not liable for assignee's breach during holdover term

Vol. 03, No. 5, p. 2

 

Detainer action must be appealed within two days

Vol. 03, No. 8 p. 1

 

Landlord must have notice of common area defects

Vol. 03, No. 12, p. 3

 

Tenant's failure to pay rent bars subcontractor's unjust enrichment claim

Vol. 04, No. 1, p. 3

 

Lien does not encumber fee unless lease requires improvements

Vol. 04, No. 2, p. 2

 

Landlord entitled to insurance proceeds when tenant  must rebuild

Vol. 04, No. 5, p. 2

 

Landlord's reentry does not end tenant's liability if lease so provides

Vol. 04, No. 5, p. 3

 

Court rules on detainer suits

Vol. 04, No. 6, p. 2

 

Rescission may be available if essential lease condition fails

Vol. 04, No. 6, p. 5

 

Detainer suit does not bar collection of future damages

Vol. 04, No. 8, p. 3

 

Landlord may be held liable for crime against tenant

Vol. 04, No. 8, p. 5

 

Threats alone do not amount to constructive eviction

Vol. 05, No. 4, p. 5

 

Lessee not liable for sublessee's negligence absent agency, joint venture, or partnership

Vol. 05, No. 6, p. 2

 

Termination of month-to-month tenancy requires full month's notice

Vol. 06, No. 1, p. 1

 

Option to purchase in lease must contain purchase price

Vol. 06. No. 1, p. 4

 

Equity may preclude forfeiture of lease

Vol. 06, No. 8, p. 3

 

Landlord has choice of remedies upon tenant's breach

Vol. 06, No. 9, p. 2

 

Court deals with landlord tort liability

Vol. 06, No. 11, p. 4

 

Landlord's threats can constitute constructive eviction

Vol. 07, No. 2, p. 2

 

Landlord must act in good faith when consent may not be "unreasonably withheld"

Vol. 07, No. 3, p. 1

 

Tenant's contractor may recover from landlord in quasi contract

Vol. 07, No. 6, p. 1

 

Use clauses in leases are strictly construed

Vol. 07, No. 6, p. 3

 

Tenant indemnities can contain traps

Vol. 07, No. 8, p. 3

 

Covenant of quiet enjoyment not breached by independent contractor's negligent work

Vol. 07, No. 12, p. 1

 

Court of Appeals rules on damages under lease

Vol.  08, No. 1, p. 4

 

Court of Appeals interprets rent clause

Vol. 08, No. 3, p. 2

 

Subordinated ground lease is risky for landlord

Vol. 08, No. 4, p. I

 

Lease guaranty does not apply to renewal term

Vol. 08, No. 10, p. 1

 

Landlord may waive tenant's breach of repair obligation

Vol. 08, No. 10, p. 3

 

Tenant may not obtain reimbursement for leasehold improvements

Vol. 08, No. 10, p. 5

 

URLTA's population classification is constitutional

Vol. 09, No. 1, p. 1

 

Assignment and subletting restrictions are strictly construed

Vol. 09, No. 7, p. 2

 

Subordinating landlord not surety

Vol. 09, No. 8, p. 2

 

Housing code violation constitutes negligence per se

Vol. 09, No. 12, p. 1

 

Lease renewal procedures must be followed strictly

Vol. 09, No. 12, p. 3

 

Landlord may not cut off tenant's utilities

Vol. 10, No. 1, p. 3

 

Exculpatory clauses in residential leases invalid

Vol. 10, No. 2, p. I

 

Tenant not due jury trial in general sessions detainer action

Vol. 10, No. 3, p. 1

 

Only landlord with notice liable to crime victim

Vol. 10, No. 3, p. 3

 

CPI escalation clause in lease should be clear

Vol. 10, No. 7, p. 4

 

Lease termination not allowed without forfeiture clause

Vol. 10, No. 7, p. 6

 

Frustration of commercial purpose defense unavailable to lessee

Vol. 10, No. 8, p. 2

 

Landlord liable for injury caused by tenant's dog

Vol. 10. No. 1, p. I

 

Court interprets common area maintenance provision in lease

Vol. 10, No. 10, p. 2

 

Provision allowing excessive liquidated damages is not enforceable

Vol. 10, No. 11, p. 2

 

Tenant that resumes possession is not constructively evicted

Vol. 10, No. 12, p. 2

 

Tenant may not terminate lease for landlord's failure to repair

Vol. 11, No. 1, p. 1

 

Rent payment delinquency not incurable default

Vol. 11, No. 1, p. 2

 

Tenant waives notice of default by renouncing obligations

Vol. 11, No. 2, p. 4

 

Late exercise of renewal option valid under special circumstances

Vol. 11, No. 4, p. 1

 

All assignees must exercise lease renewal option

Vol. 11, No. 6, p. 3

 

Holdover damages are greater of prior rent or rental value

Vol. 11, No. 7, p. 1

 

Landlord not liable for dangerous condition absent negligence

Vol. 11, No. 8, p. 3

 

Landlord need not always provide fire exit

Vol. 11, No. 9, p. 3

 

Exculpatory clause in mini-warehouse lease enforceable

Vol. 12, No. 1, p. 2

 

Often used lease provisions won't make tenant liable for fire damage

Vol. 12, No. 4, p. 1

 

Exculpatory clauses are strictly construed

Vol. 12, No. 7, p. 3

 

Demand required to increase holdover rent

Vol. 12, No. 10, p. 2

 

One assignee not liable to another for failure to renew lease

Vol. 12, No. 10, p. 3

 

Former tenant does not receive credit for profits of reletting

Vol. 13, No. 1, p. 1

 

Lease may waive demand for rent

Vol. 13, No. 2, p. 2

 

Reletting after abandonment can terminate lease

Vol. 13, No. 3, p. 1

 

Knowledge of lease terms precludes estoppel

Vol. 13, No. 4, p. 2

 

URLTA tenant may recover attorney's fees for landlord's building code violation

Vol. 13, No. 5, p. 2

 

Lease may be cancelled despite lack of forfeiture clause

Vol. 13, No. 6, p. 1

 

Defaulting tenant liable only for present value of future rent

Vol. 13, No. 6, p. 3

 

Maintenance clause won't make landlord liable for criminal acts

Vol. 13, No. 8, p. 3

 

Failure to exercise right of first refusal won't terminate lease

Vol. 13, No. 9, p. 1

 

Landlord not responsible for actions of tenant's dog absent knowledge

Vol. 13, No. 9, p. 2

 

"As is" clause protects landlord from liability for tenant's injury

Vol. 14, No. 3, p. 3

 

Landlord may collect "penalty" rent during holdover