Category: Real Estate / Property

Your Tenant’s Bankruptcy – All is Not Leased

Despite the booming economy, bankruptcy filings are up, and consumer bankruptcy filings are way up. If you have ever been on the receiving end of a “Notice of Commencement of Case” from the Bankruptcy Court, you know the sinking feeling that you are not going… Continue reading

Property Rights in Surface Water

  When our country was first settled, the most ideal land upon which to build a home or business was usually next to a body of water, whether it be a lake, river or stream. As towns grew and access to water diminished, determining who… Continue reading

Co-Ownership of Property

For most of us, buying a home is usually the most significant purchase we will ever make. For that reason, understanding how the property should be titled is certainly important. There are several different types of joint estates or co-ownership of property, including joint tenancy,… Continue reading

Real Estate Closings

We sometimes receive calls from clients asking whether they should have legal representation at a “routine” real estate closing. Our answer is almost always yes. Why? Would you drive your car without liability insurance? Would you allow your homeowners’ coverage to lapse? Obviously you would… Continue reading

Venue

We sometimes hear in the news that the attorneys in a high profile case are seeking a “change of venue” for one reason or another. What is the significance of such a move? Essentially, venue is just another word for place. In the legal context… Continue reading

When A Tree Falls…

When a tree falls on your property, who is responsible for the damage? The answer most good attorneys would give is: “It depends.” In a recent case, a homeowner sued his homeowner’s association for damages to his property when a tree from the common area… Continue reading

Planned Communities

If you are house-hunting and have considered purchasing a home in what is called a planned community, you should be aware that there is a body of law which regulates such communities. In 1997, Pennsylvania’s Uniform Planned Community Act (the “Act”) became effective, regulating residential… Continue reading

Pennsylvania Mortgage Satisfaction Law

Several years ago we ran an article explaining Pennsylvania’s Mortgage Satisfaction Law, which requires lenders to mark fully paid mortgages “satisfied” on the record within 45 days following full payment by the borrower. The law generally requires that the administrative fee for satisfying the mortgage… Continue reading

The Power of Eminent Domain

The Pennsylvania Constitution provides that private property shall not be taken or applied to public use without authority of law and without just compensation being first made or secured. So while the Commonwealth and municipalities are invested with the authority to take private property for… Continue reading

Construction Defects

Over the years, I have conferred with many clients as to whether they should bring legal action for a defectively or improperly constructed house. Because such lawsuits can be expensive and are often complicated, the decision to bring suit must be made carefully. The amount… Continue reading