News & Analysis as of

Property Owners Appellate Courts

Bilzin Sumberg

Par for the Course: Third District Court of Appeal Sets Condos Further Back with Revised Biscayne 21 Opinion

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​​​​​​​On July 10, 2025, the Third District Court of Appeal issued a revised opinion in Avila v. Biscayne 21 Condominium, Inc. The revised opinion comes almost a year and a half after the Court's initial ruling, which...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Kaufman & Canoles

Title Insurance Client Alert - Important Court of Appeals of Virginia Opinion Concerning the Ownership and Use of Certain...

Kaufman & Canoles on

Last week, the Court of Appeals of Virginia issued a significant 24-page opinion in David Tidwell, et al. v. Kenneth. M Goldsmith, et al., Record No. 0629-24-1 and Record No. 0666-24-1, in consolidated cases concerning the...more

McGinnis Lochridge

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

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

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On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (June 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Patton Sullivan Brodehl LLP

Easement Cannot be Granted on Inconsistent Theories

An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be established by a variety of theories...more

MG+M The Law Firm

Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract

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In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction...more

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

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The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

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On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Freiberger Haber LLP

Res Judicata Barred Subsequent Action To Quiet Title Because It Involved Essentially The Same Causes of Action As Asserted In An...

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Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more

Oliva Gibbs

How Safe Are Your Severed Minerals From the Tax Man? Surface Tax Sales, Severed Minerals, and Bush v. Yarborough Oil & Gas, LP

Oliva Gibbs on

“You never own your [real property]; the government does. You’ll be paying them property tax forever.” —Robert Kiyosaki, author of Rich Dad, Poor Dad In Bush v. Yarborough Oil & Gas, LP, the Texas Eighth District Court of...more

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...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

Oliva Gibbs

Coverting a “Fixed” to a “Floating” NPRI: What (If Anything) Does ConocoPhillips v. Hahn Add to the Conversation?

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In ConocoPhillips Co. v. Hahn, the Supreme Court of Texas addressed whether a “fixed” nonparticipating royalty interest (“NPRI”) was later converted to a “floating” NPRI. The court weighed two possible means of this...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

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Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Nuisance: Federal Appellate Court Addresses Property Owners' Challenge to Oregon Irrigation...

The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Roetzel & Andress

Ohio Court Defines When Property Owner in Eminent Domain Case Can Pursue Appeal

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For the past several years, the hot topic in Ohio eminent domain law has been the ability of a property owner to challenge a taking based on whether it is necessary for a public purpose, or if the appropriating authority...more

Adams & Reese

Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit

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A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterbody/Easement: South Carolina Appellate Court Addresses Dispute Over Control

The Court of Appeals of South Carolina (“Court”) addressed in a March 20th Opinion an issue involving easements granting access to or control over a body of water. See Carr Farms, Inc. and Titan Farms, LLC v. Watson, 2024 WL...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

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