Category: Property Law

The BC government has announced new legislative changes aimed at strengthening depreciation reports for strata corporations, effective July 1, 2024. Impact on Strata Owners and Council Members Depreciation reports provide estimates of the long-term repair and replacement costs of a strata corporation’s shared property and assets. Previously, obtaining these reports could be deferred repeatedly as…

Read More “Navigating New Requirements and Implications for Strata Corporations and Developers” »

While I take a lot of pride in helping property owners, landlords, and tenants with their real estate legal problems, I take equal pride in the cases I don’t accept. In many cases, it doesn’t make sense to hire a real estate lawyer, and I am upfront about such matters when meeting with prospective clients….

Read More “Don’t Hire Me! When Not to Hire a Real Estate Lawyer –” »

A federal judge ruled last week that policyholders eventually have to “put up or shut up” when it comes to proving that certain interior damages caused by a storm must be the result of damage to the exterior of a building, allowing water to damage the interior of a building. 1 The lesson from the…

Read More “Interior Damage Claims and the Exterior Damage Requirement—Where’s the Proof?” »

The Supreme Court of Victoria has ruled that a lease that is a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) when it is entered into cannot cease to be such a lease during its term. In Richmond Football Club v Verraty [2019] VSC 597. Croft J upheld an…

Read More ““Retail premises leases” cannot jump out of the Retail Leases Act 2003” »

If you are a homebuyer seeking a mortgage and the house you contract for appraises for less than the actual contract price, you need to fully evaluate whether to waive the so-called appraisal gap. Waivers of appraisal typically occur in high demand real estate markets, where there are more buyers seeking homes than sellers listing…

Read More “Buying a Home: What to Know About An Appraisal Contingency” »

In McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241,  the California Supreme Court held that homeowners’ (collectively “the Van Tassels”) claims seeking recovery for construction defect damages are subject to the Right to Repair Act (“RRA” or “The Act”, California Civil Code section 895 et seq.), and thus the Van Tassels were required…

Read More “Homeowners’ Claims Alleging Construction Defects Resulting In Property Damage Are Subject To The Right To Repair Act’s Prelitigation Procedures Regardless Of How The Claims Are Pleaded.” »

Many homeowners may have taken second mortgages, including home equity lines of credit, on their homes years ago, and thought that the underlying mortgage debt for such loans was forgiven. Other homeowners may have inherited a home without knowing that there was a second mortgage in place or bought such a home at a foreclosure…

Read More “Zombie Mortgages & Potential Foreclosures   ” »

In a Massachusetts real estate action, a claimant may assert multiple legal grounds to establish their ownership or other rights in a particular parcel of land.  In an October 24, 2019 case, the plaintiffs brought an action seeking an adjudication as to their easement rights over two beaches owned by the defendants.  Their claims were based…

Read More “Court Determines Easement Rights Over Beaches in Massachusetts Real Estate Action — Massachusetts Real Estate Lawyer Blog — October 29, 2019” »

In McBride v. Smith, (2018) 18 Cal.App.5th 1160, the court of appeal held that a prescriptive easement claim can survive a demurrer (that is, a which is a motion to dismiss brought early in the case), where allegations in the complaint suggest that the plaintiff’s easement use was contrary to language contained in the recorded…

Read More “Prescriptive Easement Allegations Indicating That The Plaintiff’s Use Of A Road For Primary Residential Use Was More Expansive Than The Restrictive, Emergency And Secondary Access Use Language Contained In Original Recorded Easement Grant Was Sufficiently “Adverse” To Survive A Demurrer.” »

A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near and dear to my real estate litigator’s heart — The Massachusetts Lis Pendens. The webinar was an introductory presentation which I called…

Read More “The Massachusetts Lis Pendens: The Definitive Guide For Lawyers and Clients” »