Category: Real Estate / Property
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
What is an Estoppel Certificate?
If you own commercial real estate which is tenant occupied and you seek to sell your property or obtain financing secured by the property you will likely be asked to supply your buyer or your lender with an estoppel certificate. So what is it? Before… Continue reading
Understanding Your Property Tax Assessment
When you look at your annual real estate tax bill you may see some terms you do not fully understand and some numbers that appear to make no sense – all seemingly designed to prevent you from fully comprehending your tax liability. Real estate taxes… Continue reading