Category: Real Estate / Property

Entity Choice for Holding Real Estate in Pennsylvania

Everyone agrees that the average landlord or real estate developer is well-advised to hold real estate in a legal entity. The benefits of limited liability are too obvious to discuss. However, the question of what limited liability entity to hold the entity in is a… Continue reading

Real Estate Assessment Appeal Deadlines

It is real estate assessment appeal time again. The assessment appeals deadline for the upcoming year is fast approaching. The due date for Montgomery, Chester, Bucks, Lehigh and Delaware Counties is August 1, 2017. For Berks County the deadline is August 15, 2017. If you… Continue reading

Maximizing Landlord’s Recovery after a Default

Our firm frequently represents landlords regarding leases that are in default. Usually the landlord’s object is clear, recover the property as soon as possible and make it productive again. Sometimes however the goal is more complicated and the landlord’s options other than pursuing a straight-forward… Continue reading

The “Subsequent Repair Doctrine”

Suppose a pedestrian is walking along the sidewalk in front of your house and trips over a large crack in the sidewalk, sustaining serious injury. The pedestrian sues you, claiming your failure to maintain the sidewalk was the proximate cause of the injury. Upon inspection,… Continue reading

Delaware County Reassessment

In January 17, 2017 , Judge Burr of the Delaware County Court of Common Pleas ordered a county-wide reassessment for all real property in Delaware County. The County has been using 1998 “base year” values for all properties, which certain taxpayers alleged was no longer… Continue reading

Enforcing Judgments Against Personal Property

If you bring a lawsuit and obtain a money judgment against someone, the judgment itself does not require him or her to actually pay you. If the defendant does not pay you voluntarily, you would still have to seek the court’s help to enforce your… Continue reading

Protection from Mortgage Due on Sale Clauses

Mortgages almost universally have “due on sale” clauses in the event that a mortgaged property is transferred, which require that the entire “accelerated” balance of the mortgage be paid at the time of the transfer. This is fine in the case of a sale of… Continue reading

Update: The Pennsylvania Superior Court Decides Landlord/Tenant and Real Estate Liability Law

The Pennsylvania Superior Court, which is an intermediate level appellate Court, recently issued two decisions which should be of interest to persons who are landlords, tenants or customers at business real property. In a case entitled Echeverria v. Holly, the Court was faced with the… Continue reading

Yes Gilligan, You are Entitled to Accretion and Reliction

Do you own an island? If so, you should know that you own the additional portion of your island created by the gradual and imperceptible accumulation of land by natural causes (“accretion” or “alluvium”), as well as that portion of your island created by the… Continue reading

Negotiating Easements

An easement is a right to use or control a portion of one parcel of real estate for the benefit of another parcel.  An important distinguishing point between easements and most other agreements is that easements actually benefit and burden the parcels of property (not… Continue reading