News & Analysis as of

Property Owners Dispute Resolution

Kaufman & Canoles

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

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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

Walkers

Recreational Land Rights Upheld by the Privy Council

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Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Nossaman LLP

The 411 on Special Commissioners’ Hearings in Texas

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Every condemnation case in Texas must go through an administrative phase in which disinterested real property owners (who live in the county where the suit is filed) are appointed as Special Commissioners to assess the market...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

Ward and Smith, P.A.

How to Handle Pet Disputes in Community Associations

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However, creating pet policies is only half the battle—consistent and proper enforcement is key to handling pet disputes.  Remember, service and emotional support animals are not pets, so keep in mind that the pet policy does...more

Gray Reed

Texas Pore Space Ownership – Royalty Calculation

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In Myers-Woodward, LLC v. Underground Services Markham, LLC et al, (discussed previously) the parties disagreed on how to calculate Myers’ royalty on salt produced by Underground....more

McGinnis Lochridge

Texas Supreme Court Rules on Modification of NPRIs

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In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royalty interest (NPRI) into a floating NPRI....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

Stoel Rives -  Ahead of Schedule

Construction Liens in Washington: Essential Knowledge for Construction Professionals

Why Understanding Liens is Important Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction...more

Dickinson Wright

The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes

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In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only...more

Houston Harbaugh, P.C.

Perfecting Service of a Mechanic’s Lien Claim in Pennsylvania

Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do...more

Bennett Jones LLP

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

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Lessons from Centurion Apartment Properties v Piquancy Enterprises - In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy...more

Ward and Smith, P.A.

Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants

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If done well, enforcement fosters harmony and neighborly behavior within the community. However, to be done well, enforcement of the Covenants must be carried out in a legally sound, fair, and consistent manner....more

Stark & Stark

Does Filing a Construction Lien Guarantee Payment?

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I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will...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

Jaburg Wilk

Buying Property While Not Married

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If you’re in a long-term, committed relationship but are not married, buying property together in Arizona can be tricky. Without a formal marriage or legal contract, the rights to property, finances, and other assets may not...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding the Basics of a Construction Contract

Construction contracts are essential in the construction industry, governing the relationships and responsibilities of all parties involved in a project. Whether you’re a contractor, subcontractor, or property owner,...more

DarrowEverett LLP

Private Nuisance Claims: Just What Behavior Crosses the Line?

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“Three hours of sleep again last night. Three hours of sleep because of that dog!” The foible of being an attorney is not being able to enjoy television without noticing every liability, crime, and actionable conduct of...more

Snell & Wilmer

Key Residential Construction Contract Considerations: Suggestions for Homeowners Hiring a Contractor

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Hiring a contractor can be both stressful and expensive for any homeowner. Frequently, a difficult hurdle for any homeowner is the first one: finding a contractor willing to do the job. This means that once the homeowner...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Conyers

Navigating Property Disputes

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Boundary disputes typically arise in situations where the apparent physical and legal (or “deeded”) boundaries of properties do not accord with one another leading to one owner asserting ownership and title to property, and...more

Bradley Arant Boult Cummings LLP

Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...more

JAMS

Mediating and Settling Real Property Cases

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Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

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Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

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