Category: Newsletters
“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
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
A Verdant Time in the Italian Hills
A Verdant Time in the Italian HillsI can recommend heartily a trip to Italy in the early spring. The weather is neither cold enough to require heavy coats nor hot enough to deter the inevitable climbing in the glorious hillside villages. In fact on most… Continue reading
Queen’s English
Lynne Truss has written a book on punctuation that has been at the top of the best sellers’ lists in England for nearly two years, and in the couple of months since its introduction here in March 2004, it has been meteoric on our lists.For… Continue reading
Latin Lovers
The phrase per stirpes seems to appear in almost every will ever written and has provoked countless questions about its meaning.Literally, the term means “by the roots.” A better understanding of the term can be gained by contrasting it with the term per capita.If you… Continue reading
Seller’s Property Disclosure Statement
Those of you who have sold a home in the last eight years may be aware of the requirement for providing a potential purchaser with a Seller’s Property Disclosure Statement prior to the signing of an Agreement of Sale. Nearly all residential real estate sales… Continue reading
Queen’s English Gift Me a Break!
Anyone who’s done any estate planning in recent years has discovered there is an almost universal new use of an old fashioned word. Life insurance agents, accountants, financial planners, and (yes!) lawyers have conspired to morph the word gift from a noun to a verb.… Continue reading
Latin Lovers
Ethics rules applicable to attorneys generally prohibit ex parte communications with judges in active cases. Literally, the term means “on one side only”, and the rule against ex parte communications is rooted in fundamental fairness. If a judge is to be an impartial arbiter, he… Continue reading
Exceptions to the Statute of Limitations
It seems every rule of law is subject to an exception, and statutes of limitation are no different. While statutes of limitation are usually enforced strictly, under certain circumstances the statute of limitations for bringing a civil claim will be “tolled”, in other words, prevented… Continue reading
Penalty Free IRA Withdrawals
Back in the early 1980s the Individual Retirement Arrangement (“IRA”) became a popular vehicle for individual workers to sock away up to $2,000 annually (the limit is now $3,000, soon to go up to $4,000) without current taxation. Earnings on these contributions would also accumulate… Continue reading