In a series of two recent decisions, the Honorable Justice Myers addressed the rising cost of estate litigation through his award of substantial indemnity costs and by making the interest on a litigation loan payable as a disbursement. In Fanelli v. Fanelli-Bruno1(Fanelli), Mrs. Lina Fanelli’s will left 50% of her estate to each of her…
In Cape Concord Homeowners Ass’n V. City of Escondido, (2017) 7 Cal. App. 5th 180, the Court of Appeal held that the Homeowners Association (“HOA”) was not entitled to a refund of service fees paid for water used to irrigate common landscape areas despite the fact that the water used for irrigation was not connected…
Imagine standing at a crossroads, where one path leads to your safety and the other to a stranger’s peril. Would you silently hope for your path to be the safer one? This moral dilemma isn’t just hypothetical—it’s a reflection of the wishes we make every day. I found myself deeply thinking about this while texting…
When are parties permitted to allocate the fair market value for real property for the purpose of remitting property transfer tax? Here is a refresher on the principles of fair market value (FMV) in real property transactions following a recent BC Supreme Court case in which the parties were entitled to allocate FMV to a…
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By: Alejandro E. Jordan, Esq. In the realm of commercial real estate, legal disputes can arise unexpectedly, posing significant challenges to property owners and investors. ESQ.title, a prominent real estate law firm based in Coral Gables, Florida, specializes in guiding clients through the intricate landscape of legal disputes, ensuring their interests are protected. In this…
If you’re a landlord who lets out residential property to tenants, there’s a good chance that you’ll someday need to recover possession through eviction proceedings. There are many reasons why you might wish to evict a tenant — before or after the end of their tenancy agreement. Landlords frequently seek to terminate a tenancy for…
Read More “Who Pays the Court Costs for an Eviction in the UK?” »
Under California real estate law a prescriptive easement requires the trespasser showing that they have used the property “for the statutory period of five years, which use has been (1) open and notorious; (2) continuous and uninterrupted; (3) hostile to the true owner; and (4) under claim of right.” The way a property owner cuts…
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While most landlords and tenants enjoy a peaceful and cordial relationship, there are times wherein disputes arise. This causes stress on both sides, as well as the potential for litigation, spending of resources, and a huge time commitment. In this article I will go over the most common disputes we see come through our firm…
COVID-19 has wreaked havoc on businesses across Canada, and many commercial tenants have faced enormous revenue shortfalls. Some of them are wondering whether COVID and its business destruction are legitimate reasons to not pay rent. Are they? Well folks, it’s all about contract law. A lease is a contract. Here’s what some tenants are attempting…
New Increase Included In Recently Passed Affordable Homes Act Flying under the radar in the recently passed Affordable Homes Act is that the amount of protection offered by a recorded Declaration of Homestead has increased from $500,000 to $1 Million. This is great news for homeowners. The increase to $1 Million applies retroactively to any…
Read More “Massachusetts Homestead Exemption Increased to $1 Million” »
