News & Analysis as of

Deeds Real Estate Transactions

Stikeman Elliott LLP

The Superior Court Rules on the Obligation in a Deed of Sale to Honour Existing Leases as an Exception to Article 1887 C.C.Q. And...

Stikeman Elliott LLP on

Introduction - In Fontaine v. B2GD Société immobilière Inc. (2025 QCCS 1023), the Superior Court issued an innovative ruling on the effect of a clause in a deed of sale requiring the purchaser to honour existing leases...more

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

McGinnis Lochridge on

The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

BCLP

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

BCLP on

Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more

Shipman & Goodwin LLP

Strategic Alternatives: Mastering Deeds-in-Lieu, Friendly Foreclosures and Navigating Bankruptcy Scenarios

Shipman & Goodwin LLP on

While traditional enforcement often requires judicial intervention, alternative resolution strategies can deliver superior outcomes with reduced costs, compressed timelines, and diminished reputational impact. Understanding...more

Oliva Gibbs

Reservation or Limitation on Warranty? Navigating the Fine Line — Lessons from Valence Operating Co. v. Davidson

Oliva Gibbs on

In Valence Operating Co. v. Davidson1, the Court of Appeals for the Sixth Appellate District of Texas at Texarkana addressed whether the provision, “all Oil, Gas and other Minerals have been excepted and reserved by former...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of Ohio Dismisses Appeal Seeking to End Senterra’s “Rolling Analysis”

In Senterra Ltd. v. Winland, 2019-Ohio-4387, Ohio’s Seventh District Court of Appeals held that an examiner, after identifying the root of title and finding that an exception to marketable record title applies, should review...more

Mayer Brown

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

Mayer Brown on

In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow...more

Gray Reed

Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment

Gray Reed on

In Bush v. Yarborough Oil & Gas, LP a decades-old tax foreclosure judgment did not affect a previously severed mineral interest not owned by the delinquent taxpayer. The mineral owners were neither named nor served in the...more

Goulston & Storrs PC

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

Goulston & Storrs PC on

What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more

Hogan Lovells

The Law of Property Act 1925 turns 100 today. Happy Birthday!

Hogan Lovells on

The country is celebrating a big anniversary today, 9th April 2025. 100 years ago today, the Law of Property Act 1925 (the “LPA”) received Royal Assent. The LPA brought overdue coherence, eased property transactions for the...more

Kaufman & Canoles

Title Insurance Client Alert - Va. Ct. of Appeals Holds Grant of “Right of Way” Conveys Fee Simple, Not Easement

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...more

Gray Reed

NPRI Plaintiff Survives Affirmative Defenses

Gray Reed on

Boren Descendants et al v. Fasken Oil and Ranch, LTD, offers something to talk about beyond interpretation of the fixed-or-floating NPRI question.  At issue was this reservation, expressed as a double fraction, in a 1933...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more

Stark & Stark

Adverse Possession: Policing Your Property Boundaries - Owners Beware

Stark & Stark on

Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. ...more

Kaufman & Canoles

Title Insurance Client Alert - Virginia Court of Appeals Affirms Injunction to Remove Objects from Granted Easement Area

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Reaffirms the Dunham Rule

Houston Harbaugh, P.C. on

Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more

International Lawyers Network

Buying and Selling Real Estate in Massachusetts (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MASSACHUSETTS LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offer to Purchase sets forth buyer’s offer of price, date for closing, contingencies for inspections, financing etc....more

International Lawyers Network

Buying and Selling Real Estate in Kenya (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER KENYAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. The transaction usually begins with a letter of offer from the seller setting out the purchase price, completion period,...more

International Lawyers Network

Buying and Selling Real Estate in Italy (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ITALIAN LAW - I. INTRODUCTION - This brief guide has the goal to provide legal explanation on the main aspects of the real estate transactions in Italy. II. REAL...more

International Lawyers Network

Buying and Selling Real Estate in Hong Kong (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER HONG KONG LAW - Introduction - Hong Kong is one of the most densely populated cities over the world. Due to historical reasons, almost all lands in Hong Kong are leasehold...more

International Lawyers Network

Buying and Selling Real Estate in Greece (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER GREEK LAW - 1. PROCEDURE – MAIN STEPS OF REAL ESTATE ACQUISITION UNDER GREEK LAW. Acquisition of a real estate property in Greece includes mainly the following steps: ...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ARGENTINIAN LAW - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly...more

Lasher Holzapfel Sperry & Ebberson PLLC

Real Estate Conveyances: Which Deed is Right for Me?

When considering whether to enter into a contract to buy or sell property, you may come across various types of deeds by which title may be transferred. In Washington State, there are three common types of deeds that may be...more

Morrison & Foerster LLP

Deed in Escrow

Is a “deed in escrow,” sometimes referred to as a “deed in a box,” enforceable in New York? While many real estate attorneys believe that it is not, a recent court ruling illustrates that the answer may not be as...more

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