Recent News

I have often seen people make the mistake of assuming that one can easily determine the existence of an easement by simply searching the public records for a document called “easement.”  Owners, prospective owners, real estate brokers, and even attorneys are not immune from making that mistake.  This blog post will help you consider the… Read More

Sometimes a defendant in a lawsuit has insurance to cover some or all of the potential damages alleged.  Most of the time in those circumstances after the insurer agrees to defend on the insured’s behalf, the insurer hires counsel to represent the insured.  While this may provide some assurance to the insured, the insured can… Read More

Earlier this year, I wrote a blog post about assigning commercial leases generally.  Sometimes, contractual rights or obligations get transferred without an express assignment.  This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands.  An entity tenant under a commercial… Read More

A possessor of real property can be liable for dangerous conditions on land which cause injury to people who enter the land.  However, the legal standard of care owed by the possessor is tied to the status of the visitor.  The law classifies visitors as either trespassers, licensees, or invitees.  As to trespassers and licensees,… Read More

Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Businesses’ needs are constantly evolving.  As a company’s size grows or shrinks through the natural business cycle, changes in the business model, mergers, spinoffs, retirements, and other factors, the company’s need for leased space also changes.  Changes are not always predictable far in advance.  As a result, your business might sign a long-term lease for… Read More

Cashflow is often the lifeblood of the construction industry.  When contractors do work or supply materials without timely payment from their customers, it can have major impacts on their ability to continue operating effectively.  A contractor’s ability to make payroll and stay current on accounts with their suppliers and subcontractors is vital to protecting their… Read More

Eminent domain, generally speaking, is the power of the government to take private property without the private owner’s consent.  Under the U.S. Constitution, the government exercising this power must compensate the property owner for the fair market value of the property taken.  The U.S. Supreme Court has held that it is not a violation of… Read More

Most non-lawyers have probably heard about adverse possession- the concept that you can become the owner of someone else’s property by treating it as your own.  But the term “prescriptive easement” is not as well known.  The two concepts have different requirements and implications for the rights of the parties.  Adverse Possession concerns a claim of ownership of… Read More