Category: Real Estate / Property
Nonconformity and Abandonment in Zoning (Don’t Abandon Your Nonconforming Grandfather!)
While it seems like they have been with us forever, zoning ordinances are relatively recent in origin. Many local municipalities began to adopt zoning ordinances in the middle of the twentieth century, typically in the 1950’s and 1960’s. Prior to that time there was little… Continue reading
Real Estate “Seller Beware”
For many years, the theory of “caveat emptor” or “let the buyer beware” prevailed in residential real estate transactions. The landscape changed in 2000 with the passage of RESDL, the Real Estate Seller Disclosure Law. Under RESDL, there are 16 specific categories of information that… Continue reading
Municipalities/Authorities Must Perfect Liens Or Risk Loss
Municipalities and municipal authorities are given a priority lien for “municipal claims.” Municipal claims include claims for taxes, sewer and water rents and other services provided by municipalities and municipal authorities. These municipal claims constitute a lien from the date when lawfully imposed and assessed… Continue reading
Landlords Be Careful Accepting Insurance Certificates
In negotiating leases, a standard requirement of landlords has been to require a certificate of liability insurance, naming the landlord as an additional insured on the tenant’s policy. The lease would typically state that the tenant shall name the landlord as an additional insured on… Continue reading
Mortgages in Bankruptcy
Individuals who file for bankruptcy are generally seeking a “fresh start,” with the ultimate goal being a discharge of the individual’s debts. At the end of the bankruptcy, those debts simply disappear, or so the debtor thinks. However, the bankruptcy discharge may not be nearly… Continue reading
We All Need Something We Can Lien On
Creditors and lawyers frequently speak in terms of “liens”, “lien holders” and “lien priority.” Generally, a creditor who holds a lien (called a lienholder) has the right to take the defaulting debtor”s liened property and either keep it or sell it in satisfaction of the… Continue reading
Oral Modification of a Written Lease
At one time or another most of us become involved in leases of real estate. The leased property might be an apartment or house (at the shore during summer months) or an office or manufacturing facility for business purposes. Leases can involve significant financial obligations,… Continue reading
The New Law on Home Improvements
While the Pennsylvania Home Improvement Consumer Protection Act (the “Act”) has been in effect since July 1, 2009, it appears that not all contractors who perform home improvements have complied with the Act and that not all homeowners are aware of the new law. This… Continue reading
PA Lawmakers Help Developers by Extending Permit Deadlines
In July 2010, the Pennsylvania legislature adopted a law that extends until 2013 the expiration date of all building permits and other authorizations or decisions allowing a development or construction project. Permits, authorizations and decisions in effect as of January 1, 2009 or after are… Continue reading
Can’t Get No Satisfaction…(At Least Without Legal Assistance)
The five years prior to 2007 saw very heavy, perhaps record-breaking, activity in the area of home mortgage re-financing. This phenomenon was driven mainly by homeowners who wanted to “cash-out” the existing equity in their homes or by homeowners who wanted to take… Continue reading