Category: Real-estate

Claims against architects and others involved in the design and construction of building projects generally accrue upon substantial completion of the project

Posted in *All Posts, Litigation, Real-estate, Statute of Limitations

Dismissal for lack of prosecution on foreclosure actions

Posted in *All Posts, Dismissal For Failure To Prosecute, Foreclosure, Litigation, Real-estate

The predominant measure of damages in cases involving the destruction or removal of trees and ornamental shrubs is the diminution-of-market-value measure

Posted in *All Posts, Damages, Real-estate

A title company’s liability is limited to the policy and that company is not liable in tort for negligence in searching records

Posted in *All Posts, Insurance, Real-estate

Equitable subrogation seeks to compel the ultimate discharge of an obligation by the one who ought to pay it

Posted in *All Posts, Real-estate, Remedy

The right of joint possession to the principal matrimonial residence

Posted in *All Posts, Divorce, Marriage, Real-estate

The only material issues in a foreclosure proceeding are the validity of the mortgage, the amount of the indebtedness, and the right of the mortgagee to resort to the mortgage premises

Posted in *All Posts, Foreclosure, Real-estate

The absence of actual or constructive notice of an alleged dangerous condition is fatal to plaintiff’s claims of premises liability

Posted in *All Posts, Negligence, Premises liability, Real-estate

A tax sale certificate creates a lien on the property subject to the property owner’s right of redemption

Posted in *All Posts, Real-estate, Taxes

An easement appurtenant requires a dominant tenement to which it is appurtenant, whereas an easement in gross belongs to its owner independently of his ownership or possession of any specific land

Posted in *All Posts, Easement, Real-estate