News & Analysis as of

Property Owners Statute of Limitations

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

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State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

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

Searcy Denney Scarola Barnhart & Shipley

Should You File a Slip and Fall Claim? Here’s What You Need to Know

If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights....more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

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On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

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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

JUSTICENTER

What Happens If I Get Hurt at Sherman Oaks Castle Park?

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Sherman Oaks Castle Park is a popular spot in Encino for mini golf, arcade games, and batting cages. While it’s a family-friendly destination, accidents can and do happen. After an injury, victims may not understand all of...more

Vorys, Sater, Seymour and Pease LLP

U.S. District Court Finds No Evidence of Continuing Trespass and Holds Permanent Trespass Claim is Barred by Statute of...

In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more

Freiberger Haber LLP

RPAPL 1501(4) and the Mortgagee in Possession Doctrine

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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

Stark & Stark

Understanding Slip and Fall Accidents in New Jersey: What You Need to Know

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As a New Jersey personal injury lawyer, I understand the devastating impact a slip and fall accident can have on your life. Whether it’s a fall in a store, a slippery sidewalk, or even a poorly maintained stairway, these...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

Porter Hedges LLP

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

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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

Cadwalader, Wickersham & Taft LLP

Let the Statute of Limitations Run and You Might Be “SOL...”

HSBC Bank, U.S. v. De Garcia considers the reach of the newly enacted Foreclosure Abuse Prevention Act (FAPA) and its effects on the six-year foreclosure statute of limitations....more

Marshall Dennehey

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

Miller Canfield

Michigan Property Owners Entitled to Surplus Value When Foreclosed Property Transferred to Land Bank, Court of Appeals Rules

Miller Canfield on

Miller Canfield previously reported on Rafaeli, LLC v Oakland County (Rafaeli), in which the Michigan Supreme Court held that counties are not allowed to retain sale proceeds that exceed the taxes owed on a foreclosure...more

Searcy Denney Scarola Barnhart & Shipley

What to Do After a Florida Slip and Fall Injury

We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Cozen O'Connor

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

Cozen O'Connor on

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more

Spilman Thomas & Battle, PLLC

Pending Florida Legislation Impacting Statutes of Limitations and Repose For Construction-Related Lawsuits

Legislation in Florida may soon change the time property owners have to file construction-related lawsuits. Both the Florida Senate, with SB 360, and the House of Representatives, with HB 85, passed identical bills and...more

Perkins Coie

Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely

Perkins Coie on

The Court of Appeal ruled that a suit concerning an affordable housing fee that plaintiff had agreed to pay two decades earlier was still timely because the 90-day limitations period under the Subdivision Map Act did not...more

McGlinchey Stafford

Does surrender in bankruptcy accelerate a debt? - McGlinchey Commercial Law Bulletin February 25, 2022

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McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand our Commercial Law Bulletin from its...more

Law School Toolbox

Law School Toolbox Podcast Episode 310: Listen and Learn -- Adverse Possession

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Welcome back to the Law School Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on law school exams.  In this episode we discuss: >The elements of...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 144: Listen and Learn -- Adverse Possession

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Welcome back to the Bar Exam Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on the bar exam.  In this episode, we discuss: >The elements of adverse...more

Bradley Arant Boult Cummings LLP

Suing a Design Professional in Texas? Make Sure to Include a Certificate of Merit in Your Pleading

On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit...more

Patton Sullivan Brodehl LLP

A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”

Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not “disturb possession” sufficiently to start the...more

Ruder Ware

Easement Holders Beware: Wisconsin Easements Expire Unless Re-recorded Periodically

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Under a long-standing law in Wisconsin, those parties holding easements will need to re-record their easement rights periodically or their ability to enforce those easements will be lost. Even easements that are...more

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