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Contract Terms › Statute of Limitations › Property Owners

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Freiberger Haber LLP

RPAPL 1501(4) and the Mortgagee in Possession Doctrine

Freiberger Haber LLP on

Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums expended to preserve and maintain an allegedly abandoned...more

Porter Hedges LLP

How Long Does that “One Year Warranty” Last? Longer than You Might Think

Porter Hedges LLP on

If you ask owners, general contractors, or subcontractors how long the warranty lasts that they received or gave on a construction project, they will often tell you that they have a “one year warranty.” However, if the...more

Farrell Fritz, P.C.

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining...

Farrell Fritz, P.C. on

A recent case from the Third Department, Shea v. Signal Hill Road LLC, involved a dispute about untrimmed trees that blocked the view of the adjoining property owner to Lake Placid and the surrounding mountains....more

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