Category: Real Estate / Property

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

Temporary Yard Signs

Since we are now in the political season, property owners and residents may wish to demonstrate their support for a particular candidate or political party by placing a yard sign or signs on a front lawn. Most local governments have maintained regulations concerning the size… Continue reading

Specific Performance of Real Estate Sales Contracts

Most claims for breach of contract involve claims for “monetary damages.” The non-breaching party goes to court demanding a judgment for a dollar amount that would put him in the same position as if the other party had not breached the contract. Real estate agreements… Continue reading

Eviction for Certain Illegal Activity

Typically, a lease will provide that the tenant will use the leased premises only for legal purposes. What if you happen to have a really bad tenant and a really poorly drafted lease? Don’t give up hope. Here are three possible approaches direct from the… Continue reading

Landlords and Property Owners: Inspect and Maintain Your Properties!

Personal injury lawsuits brought by tenants and their invitees are often based upon the owner/landlord’s failure to inspect and remedy dangerous conditions on the property. The most common conditions leading to personal injury lawsuits include the following: Dangerous surface conditions on sidewalks and pedestrian areas,… Continue reading

Lease Guaranties When They Should Be Used; What They Should Say and How to Preserve Them

It is commonplace for landlords to require guaranties of their tenants’ lease obligations. Such guaranties are useful to almost all landlords, whether the lease in question is for a large “anchor tenant” in a shopping center or a much smaller transaction, such as, for example… Continue reading