Monthly Archives: July 2006
Land Use: The Merger Doctrine
Suppose you own a parcel of real estate and you learn that additional land is available for sale next door. You purchase the ground thinking that maybe some day you will put in a pool or build an addition onto your house; later you decide… Continue reading
The Debate over Gay Marriage
In May 17th Massachusetts may become the first state to legally recognize same-sex marriages. Recent controversy over who is legally allowed to marry has led to new laws, judicial rulings and even a proposed constitutional amendment defining marriage. Traditionally marriage has been a unique legal… Continue reading
Nonconforming Use: Use It or Lose It
Local zoning laws are a relatively recent development in our country’s history. The first comprehensive zoning legislation was enacted in the United States during the first third of the 20th century, with many zoning ordinances created in the period between 1940 and 1960. Before then,… Continue reading
Venue
With the 2004 Olympics approaching, we are sure to hear a good deal about the “venue” for boxing and the “venue” for sailing. Venue is also an important concept in civil litigation. Sometimes the selection of venue for a particular kind of lawsuit is easy.… Continue reading
Personal Notes
Ken Butera is off to Tuscany and Umbria for a well deserved respite. We’ll have more to report on his trip if and when he returns.Ken Butera, Jr. and wife, Alisa, are expecting their second child any moment. Chances are good that by the time… Continue reading
Estate Administration – Surviving Spouse
Estate Administration – Surviving Spouse When a person dies, he or she will usually leave behind an estate. This estate must be administered, which basically means transferring the assets of a person who has died (the “decedent”) to the decedent’s heirs or beneficiaries. Assets must… Continue reading
Is the Reverse Mortgage your Panacea?
Is the Reverse Mortgage your Panacea? You are 62 (or older); you live in a home which has no mortgage and has appreciated substantially (beyond your dreams in this market!); you have retired; and your income from your pension plans (IRA’s, 401(k)’s, and company pension)… Continue reading
Points to Ponder
Points to PonderThere are points in basketball, tennis, and football. Diamonds have points, as do knives and arrows. But nothing gets the attention of the average motorist like traffic points. Most moving violations carry two penalties under the Pennsylvania Motor Vehicle Code: a monetary fine… Continue reading
Be Wary of Arbitration Clauses
As my partners know, I am not a fan of arbitrating disputes. The reasons are that generally the winners don’t win 100%, the losers don’t lose 100%, the decision is often a compromise, and if the case is complicated the period of time over which… Continue reading
“Tacking” Down Property Boundary Lines
What if one day your long-time neighbor comes to you and says that he had a survey of his property, and it turns out that your driveway is encroaching upon his land? Despite your explanation that the driveway has been there ever since you moved… Continue reading