REMEDIES Copyright February State Bar of California

Size: px
Start display at page:

Download "REMEDIES Copyright February State Bar of California"

Transcription

1 REMEDIES Copyright February State Bar of California In 1998, Diane built an office building on her land adjacent to land owned by Peter. Neither she nor Peter realized that the building encroached about ten inches on Peter's adjacent property. Because of the narrowness of Diane's lot, Diane did not have much latitude in the design of her office building. In December 2000, a town survey made for other purposes revealed the mistake. In constructing her office building, Diane inadvertently destroyed two dozen ornamental trees that had been on Peter's land for years. Peter, who was a restaurateur, maintained a garden where he grew specialty vegetables for his restaurant. The vegetables have been unable to flourish without the filtered sunlight provided by the trees that Diane destroyed. As a result, Peter's costs have risen as he has been forced to buy more produce from suppliers. In addition, his reputation as a restaurateur has suffered because his customers had come to look forward to his fresh garden vegetables. Many of his customers have begun to frequent other restaurants, and the long-term effect on his business is incalculable. Diane has had tenants in her building since it opened in 1998, and most of them have leases covering several years. To remove the encroaching wall would be costly to Diane, would reduce the office space, and would disrupt the tenants on the encroaching side of the building sufficiently that they could claim a constructive or even an actual eviction. Diane's tenants have been parking on a lot in back of Diane's building. Diane paid for the paving of the lot under the mistaken belief that the lot was on her land. In reality, the lot is almost entirely on Peter's land. Diane has been charging her tenants $50 a month to lease parking space in the lot. Peter has never voiced any objection to this practice because, until the town survey, he did not realize that the lot was on his land. What remedies are available to Peter against Diane, and on what theories of liability are they based? Discuss.

2 REMEDIES Copyright February Scott F. Pearce, Esq. Outline I. Peter v. Diane - Theories of Liability A. Encroachment of Office Building: Continuing Trespass, B. Destruction of Peter s Ornamental Trees 1. Conversion 2. Trespass Causing Severance 3. Waste C. Parking Lot: Encroachment - Continuing Trespass D. Diane s Defenses: None, other than a lack of knowing willfulness. E. Conclusion: Diane is Liable II. Peter s Remedies A. Damages 1. Encroachment of Building 2. Trees a. Peter s Increased Costs b. Peter s Damaged Reputation c. Peter s Incalculable Lost Business 3. Punitive Damages B. Restitution - Parking Lot: $50 per month per space - Diane has a right to recoup C. Injunctive Relief 1. Inadequacy of Legal Remedies 2. Property Right 3. Feasibility 4. Balancing 5. Defenses D. Conclusion

3 REMEDIES Copyright February Scott F. Pearce, Esq. Answer I. Peter v. Diane - Theories of Liability Peter s restaurant business and his ownership interest in his real property have been compromised by the intentional and careless conduct of Diane. Diane s new office building encroaches onto Peter s land. Her construction activities destroyed two dozen trees on Peter s land, thereby harming his garden and causing his restaurant to suffer financial losses. Peter will pursue theories of liability for each of his harms, and he will seek compensatory and punitive damages, along with restitution and equitable relief. A. Encroachment of Office Building: Continuing Trespass, Peter recently discovered that Diane built her office building onto a ten inch strip of Peter s adjoining parcel of land. This encroachment is a continuing intentional trespass onto Peter s property, because in effect Peter has been ousted from a portion of his real property. Diane did not know her building was encroaching on Peter s property until an unrelated town survey revealed the mistake. Her lot was narrow and she did not have much latitude in the design of her building, but it was her responsibility to construct her building on her lot and not the lot of her neighbor. Her conduct was intentional and Peter will be entitled to remedies. B. Destruction of Peter s Ornamental Trees During the construction of her building, Diane inadvertently destroyed two dozen trees that had been on Peter s property for years. Peter has several possible theories of liability for the damages caused by the loss of these trees. 1. Conversion Peter s principle theory of liability for the loss of his trees is conversion. Diane s construction project was deliberate and the mere fact that she apparently did not intend to harm the trees will likely not serve as a defense. At a minimum, Diane s construction was done negligently, and she owed Peter a duty not to carelessly destroy his property. As discussed below, Diane s lack of bad intent may well serve to prevent Peter from obtaining a substantial punitive damages award, but Diane certainly faces liability for the destruction of Peter s trees.

4 2. Trespass Causing Severance Had Diane harvested the trees for some commercial purpose, Peter would have a case for trespass causing severance. Because she merely destroyed them, this cause of action is not very strong. 3. Waste If Diane s lack of intent somehow were enough for her to escape liability for conversion, her conduct would be considered waste. She, or more likely her agents, came onto Peter s property and destroyed the trees. At a minimum Peter would be able to pursue damages under this theory. C. Parking Lot: Encroachment - Continuing Trespass Diane paid for the paving of a parking lot that is almost entirely on Peter s land. Her tenants have been using the lot since her building opened in As discussed above with regard to the office building, this encroachment constitutes a continuing trespass and will justify Peter recovering significant damages. Furthermore, Diane has been renting the spaces for $50 a month and thereby directly benefitting at Peter s expense. He will seek restitution as well as compensatory damages. D. Diane s Defenses: None, other than a lack of knowing willfulness. Diane made a mistake. She did not know that her building and parking lot encroached onto Peter s property - and, for that matter, neither did Peter. As discussed below, Diane s lack of knowing willfulness will be a defense to punitive damages, but it will not shield her from liability for her wrongful acts. It is true that Peter did not bring his action until sometime between one and two years after Diane s misconduct. It is conceivable that Diane might raise a laches defense based on this delay, but it is likely that the statute of limitations will run from the date the encroachment was discovered rather than the date it started. Few, if any, jurisdictions allow a party to obtain title to real property by adverse possession in less than two years. Diane will not be able to claim title to the property she has occupied. E. Conclusion: Diane is Liable Diane built her building and parking lot on her neighbor s property. Peter did nothing wrong. He will be entitled to seek damages, restitution and equitable relief, which is discussed in the following section.

5 II. Peter s Remedies A. Damages 1. Encroachment of Building Diane s office building sits on a ten inch strip of Peter s land. His damages would be measured by the fair market value of the strip of land. They also could be measured by the diminution in value of the remainder of Peter s land. To the extent that Diane has benefitted financially from this wrongful occupation of her neighbor s land, she would be liable in restitution in order to prevent her unjust enrichment at Peter s expense. 2. Trees As discussed above, Diane is liable for the destruction of these trees, probably under a conversion theory of liability. It is very unlikely that all two dozen trees were sitting on the ten inch strip of land the building was constructed on, and the facts do not indicate that they stood on the land occupied by the parking lot. Peter s ideal remedy would be damages to replace the trees and restore his garden, along with compensatory damages for the damages he suffered as a consequence of the loss of the trees. a. Peter s Increased Costs Peter has to buy produce from outside suppliers at an increased cost compared to the produce he grew for himself under the filtered sunlight of the trees. Diane will be liable for damages to compensate Peter for these losses. b. Peter s Damaged Reputation Peter s reputation as a restauranteur has suffered because Peter no longer serves vegetables from his private garden. It may be hard to ascertain these damages with any certainty, but Peter will be entitled to recover to the extent he can prove his harm. c. Peter s Incalculable Lost Business The long term effect on Peter s business is characterized as incalculable. If this means that his damages are uncertain, he will not be able to obtain compensation. If this instead means that Peter s business will be devastated, his damages will be greater and so will his case for injunctive relief. 3. Punitive Damages Peter has established claims for two instances of continuing trespass and one claim for conversion. These are intentional torts and Peter will be entitled to seek punitive damages. It is true that Diane did not have evil intent when she took the deliberate actions that harmed Peter. This may limit the

6 punitive damages that Peter will recover, particularly if the trees can be replaced and his greatest long term harms avoided. B. Restitution - Parking Lot: $50 per month per space - Diane has a right to recoup Diane paid to pave some of Peter s land for a parking lot for her building. As discussed above, this is a continuing trespass. Peter will be entitled to compensatory and perhaps to punitive damages for these acts, but he also will be entitled to seek restitution for the $50 per space monthly rental Diane has been charging her tenants, and to whatever future income is generated. Diane will be allowed to recoup her investment in improving the lot, since she acted in good faith. It is possible Diane would be characterized as possessing an easement in this part of Paul s property, or at least an executed license, allowing her tenants to continue to use the lot so long as Peter is fairly compensated. C. Injunctive Relief Peter may seek to force Diane to remove the encroaching part of her building and parking lot, and he may have a persuasive claim for equitable relief. 1. Inadequacy of Legal Remedies Real property is unique. If it is impossible to replace the trees, it may not be possible to calculate Peter s damages. 2. Property Right Peter is defending his interest in real estate, so even under the strictest standard this requirement is met. 3. Feasibility A court would have no problem directly enforcing its order on these parties. 4. Balancing Removing the encroaching wall would be devastating to Diane. It would be expensive and the tenants in this part of her building would have good claims for actual eviction. Presumably Diane could remove the parking lot more easily, though that too would present Diane with the problem of seeking to provide her tenants with parking elsewhere, perhaps at significant cost. Peter is entitled to have his trees back. If this is possible without removing the encroaching wall, the balance favors Diane. If the trees cannot be replaced without removing the wall, Diane may have to be the one to bear a harsh result.

7 5. Defenses Diane s only defense to equity lies in the balance of hardships. Peter did nothing wrong. The only issue is what remedies he is entitled to. D. Conclusion Peter s most severe harm has been caused by the loss of his trees. If they can be replaced, they should be - at the defendant s expense, of course. Peter is entitled to compensatory damages according to proof and he will be able to make out a prima facia claim for punitive damages based on continuing trespass and conversion theories. If it is impossible to replace the trees Peter is more likely to get punitive damages, because his long term damages may be hard to calculate and because he has not done anything wrong, unlike Diane. Peter is entitled to restitution for the value of the encroaching building and for the rental value of the parking lot, subject to Diane s right to recoup her investment in improving the property. Peter is unlikely to obtain an injunction ordering Diane to remove the encroaching part of her building, but he would have a better chance of forcing the removal of the parking lot, should he seek that remedy.

REAL PROPERTY Copyright February, 2006 State Bar of California

REAL PROPERTY Copyright February, 2006 State Bar of California REAL PROPERTY Copyright February, 2006 State Bar of California Mike had a 30-year master lease on a downtown office building and had sublet to others the individual office suites for five-year terms. At

More information

REAL PROPERTY Copyright February, 2005 State Bar of California

REAL PROPERTY Copyright February, 2005 State Bar of California REAL PROPERTY Copyright February, 2005 State Bar of California Alice and Bill were cousins, and they bought a house. Their deed of title provided that they were joint tenants with rights of survivorship.

More information

REMEDIES FEBRUARY 2017 CALIFORNIA BAR EXAM QUESTION #2

REMEDIES FEBRUARY 2017 CALIFORNIA BAR EXAM QUESTION #2 REMEDIES FEBRUARY 2017 CALIFORNIA BAR EXAM QUESTION #2 Steve agreed to convey his condominium to Betty for $200,000 in a written contract signed by both parties. During negotiations, Steve told Betty that,

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Real Property And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Larry leased in writing to

More information

THE PURPOSE OF MEASUREMENTS IN BOUNDARY SURVEYS. (THE ETERNAL SUVRVEY QUESTION: HOW CLOSE IS CLOSE ENGOUGH?) By. Norman Bowers, P.S. & P.E.

THE PURPOSE OF MEASUREMENTS IN BOUNDARY SURVEYS. (THE ETERNAL SUVRVEY QUESTION: HOW CLOSE IS CLOSE ENGOUGH?) By. Norman Bowers, P.S. & P.E. THE PURPOSE OF MEASUREMENTS IN BOUNDARY SURVEYS (THE ETERNAL SUVRVEY QUESTION: HOW CLOSE IS CLOSE ENGOUGH?) By Norman Bowers, P.S. & P.E. Steven S. Brosemer, P.S. Figure 1 Surveyors are all about measurements.

More information

QUESTION 6 Answer A. Tenancy for Fixed Term. A fixed term tenancy is a pre-agreed term by the landlord and tenant.

QUESTION 6 Answer A. Tenancy for Fixed Term. A fixed term tenancy is a pre-agreed term by the landlord and tenant. QUESTION 6 Answer A As set forth below, Donna can raise the following defenses (1) material breach of lease, (2) constructive eviction, (3) breach of the warranty of habitability, and (4) failure to mitigate

More information

THE LANDLORD S DUTIES

THE LANDLORD S DUTIES INTRODUCTION The Ohio Tenant-Landlord Law, effective November 4, 1974, applies to most landlord-tenant relationships and governs most rental agreements whether oral or written. This brochure is designed

More information

Use of Possession/Occupation Lines 3. Surveyor s Responsibility Options for the Surveyor: Ownership Boundary Changed by Occupation: 1.

Use of Possession/Occupation Lines 3. Surveyor s Responsibility Options for the Surveyor: Ownership Boundary Changed by Occupation: 1. Lines of Possession Use of Possession/Occupation Lines: 1. Evidence of the record boundary. 2. Foundation for title boundary. a. Estoppel b. Adverse possession c. Acquiescence d. Practical Location e.

More information

The Tenant Who Leaves Trash Behind

The Tenant Who Leaves Trash Behind Page 1 of 5 Law.com Home Newswire LawJobs CLE Center LawCatalog Our Sites Advertise Sign Out This Site Law.com Network Legal Web Contact RSS Twitter Facebook Home News Firms & Lawyers Courts Judges Surveys/Lists

More information

What are Landlord's and Tenant's rights and obligations? Discuss.

What are Landlord's and Tenant's rights and obligations? Discuss. REAL PROPERTY ESSAY #1 MODEL ANSWER Tenant entered into a written lease of an apartment with Landlord on January 1, 1995. The lease provided that Tenant would pay $12,000 per year rent, payable in $1000

More information

DISPOSSESSORY AND DISTRESS WARRANTS. by Scott I. Zucker, Esq. Weissmann & Zucker, P.C.

DISPOSSESSORY AND DISTRESS WARRANTS. by Scott I. Zucker, Esq. Weissmann & Zucker, P.C. DISPOSSESSORY AND DISTRESS WARRANTS by Scott I. Zucker, Esq. Weissmann & Zucker, P.C. There are two general procedures for the removal of a tenant and its property from leased space, whether it is residential

More information

(a) A housing crisis exists in the city of Chicago due to the lack of adequate, safe, sanitary, and affordable housing.

(a) A housing crisis exists in the city of Chicago due to the lack of adequate, safe, sanitary, and affordable housing. Chapter 5-10: Good Cause for Eviction Section 1. Title, Purposes, and Scope. This chapter shall be known and may be cited as the Good Cause for Eviction Ordinance and shall be liberally construed and applied

More information

PART 1: BROKERS. Sources of Relevant Law. Selected Statutes and Regulatory Materials Concerning Brokers

PART 1: BROKERS. Sources of Relevant Law. Selected Statutes and Regulatory Materials Concerning Brokers PART 1: BROKERS Intro The broker puts a seller and buyer together and serves as an intermediary during negotiations. o They have the authority to show, advertise and market the property The sales agent

More information

BRIEF SUMMARY OF TENANT PROTECTION LEGISLATION

BRIEF SUMMARY OF TENANT PROTECTION LEGISLATION BRIEF SUMMARY OF TENANT PROTECTION LEGISLATION The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide

More information

Surveyors & Title by Knud E. Hermansen P.L.S., P.E., Ph.D., Esq

Surveyors & Title by Knud E. Hermansen P.L.S., P.E., Ph.D., Esq Surveyors & Title by Knud E. Hermansen P.L.S., P.E., Ph.D., Esq Surveyors, as a general rule, stay clear of providing title opinions rightfully so. Nevertheless, reasonably competent surveying services

More information

RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY DIVISION ONE: DEFINITIONS

RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY DIVISION ONE: DEFINITIONS RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY Chapter 7. DIVISION ONE: DEFINITIONS Meanings of Property Property as a Relation Separation

More information

Landowner's rights. When the Crown requires your land for a public work. April 2010

Landowner's rights. When the Crown requires your land for a public work. April 2010 Landowner's rights When the Crown requires your land for a public work April 2010 Image Goes HERE Landowner's rights when the Crown requires your land for a public work Land Information New Zealand April

More information

THE BASICS: Commercial Agreements

THE BASICS: Commercial Agreements THE BASICS: Commercial Agreements of Sale Adam M. Silverman Cozen O Connor 1900 Market Street Philadelphia, PA 19103 215.665.2161 asilverman@cozen.com 2010 Cozen O Connor. All Rights Reserved. TABLE OF

More information

Answer A to Question 5

Answer A to Question 5 Answer A to Question 5 Betty and Ed s Interests Ann, Betty, and Celia originally took title to the condo as joint tenants with right of survivorship. A joint tenancy is characterized by the four unities

More information

RESIDENTIAL HOUSE LEASE AGREEMENT

RESIDENTIAL HOUSE LEASE AGREEMENT RESIDENTIAL HOUSE LEASE AGREEMENT This Residential House Lease Agreement ("Lease") is made and effective this 0/0/0000 by and between [Landlord] and ("Tenant," whether one or more). This Lease creates

More information

CALIFORNIA RESIDENTIAL LEASE AGREEMENT

CALIFORNIA RESIDENTIAL LEASE AGREEMENT CALIFORNIA RESIDENTIAL LEASE AGREEMENT This Residential Lease Agreement (hereinafter Lease ) is entered into this the day of, 20, by and between the Lessor:, (hereinafter referred to as Landlord ), and

More information

CONTRACTS Final Examination Spring 1998 Instructor Craig Smith. Time Allotted - Three Hours

CONTRACTS Final Examination Spring 1998 Instructor Craig Smith. Time Allotted - Three Hours CONTRACTS Final Examination Spring 1998 Instructor Craig Smith Time Allotted - Three Hours An answer should demonstrate your ability to analyze the facts presented by the question, to select the material

More information

117 ETHICAL RESPONSIBILITIES OF ATTORNEYS IN

117 ETHICAL RESPONSIBILITIES OF ATTORNEYS IN 117 ETHICAL RESPONSIBILITIES OF ATTORNEYS IN LEGAL SERVICES AND PRO BONO PROGRAMS CONCERNING PROSPECTIVE CLIENTS Adopted June 16, 2007. Introduction Colorado Legal Services ( CLS ) is a legal services

More information

Principles of Compensation For the Taking of Gasoline Petroleum Station Operations. This article will discuss basic issues of the valuation for

Principles of Compensation For the Taking of Gasoline Petroleum Station Operations. This article will discuss basic issues of the valuation for Principles of Compensation For the Taking of Gasoline Petroleum Station Operations. This article will discuss basic issues of the valuation for gasoline stations taken by governmental agencies as part

More information

Sincerity Among Landlords & Tenants

Sincerity Among Landlords & Tenants Sincerity Among Landlords & Tenants By Mark Alexander, founder of "The Landlords Union" Several people who are looking to rent a property want to stay for the long term, especially when they have children

More information

Compulsory Integration and Eminent Domain

Compulsory Integration and Eminent Domain Compulsory Integration and Eminent Domain By Attorney Christopher Denton Eminent Domain and Compulsory Integration are inextricably linked and invariably misunderstood as a consequence. We first need to

More information

BOUNDARIES & SQUATTER S RIGHTS

BOUNDARIES & SQUATTER S RIGHTS BOUNDARIES & SQUATTER S RIGHTS Odd Results? The general boundary rule can have results that seem odd - for example the Land Registry s Practice Guides make it clear that they may regard you as owning land

More information

Conservation Law and Regulation

Conservation Law and Regulation Topic L13 Conservation Law and Regulation Eric E. Johnson ericejohnson.com Konomark Most rights sharable Ad Coelum Doctrine Review Rule of Capture Correlative Rights Conservation Laws Fair Share Principle

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Case 1:16-cv-03297-ELR Document 1 Filed 08/31/16 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, Plaintiff,

More information

REAL PROPERTY: LIMITATION OF ACTIONS

REAL PROPERTY: LIMITATION OF ACTIONS REAL PROPERTY: LIMITATION OF ACTIONS ISBN 983-3519-01-6 Author: Nasser Hamid Binding: Softcover/Extent: 580 pp Publication Price: MYR 150.00 The law is stated as of December 31, 2005 Chapter 1 LIMITATION

More information

Ontario Eviction Refresher Keith Moyer

Ontario Eviction Refresher Keith Moyer Ontario Eviction Refresher Keith Moyer Agenda Introductions and review agenda Review eviction process Grounds Internal co-op process External or LTB process Top 10 eviction mistakes 2 CHF Canada Workshop

More information

Eviction. Court approval required

Eviction. Court approval required Eviction An eviction is a lawsuit filed by a landlord to remove persons and belongings from the landlord's property. In Texas law, these are also referred to as "forcible entry and detainer" or "forcible

More information

CONFLICTING ELEMENTS

CONFLICTING ELEMENTS CONFLICTING ELEMENTS Order of importance of conflicting elements that determine land location: A. Unwritten rights. B. Senior right. C. Written intentions of Parties. D. Lines Marked and Run. E. Natural

More information

Uniform Unincorporated Non-Profit Association, Chapter 429, Hawaii Revised Statutes

Uniform Unincorporated Non-Profit Association, Chapter 429, Hawaii Revised Statutes VIII 411 Uniform Unincorporated Non-Profit Association, Chapter 429, Hawaii Revised Statutes 429-1 Definitions. As used in this chapter: Member means a person who, under the rules or practices of a nonprofit

More information

Appraising After a Natural Disaster

Appraising After a Natural Disaster Appraising After a Natural Disaster Natural disasters are an unfortunate fact of life. In the past month, for example, several western states have experienced ravaging wildfires. The La Tuna Fire in California

More information

TITLES BASED ON FIDUCIARIES' DEEDS CARE AND CARELESSNESS IN EXAMINING THEM. Some title examiners are too prone to minimize the possible effect of

TITLES BASED ON FIDUCIARIES' DEEDS CARE AND CARELESSNESS IN EXAMINING THEM. Some title examiners are too prone to minimize the possible effect of TITLES BASED ON FIDUCIARIES' DEEDS CARE AND CARELESSNESS IN EXAMINING THEM. Some title examiners are too prone to minimize the possible effect of various defects which result from the careless preparation

More information

Senate Bill No. 301 Senator Smith

Senate Bill No. 301 Senator Smith Senate Bill No. 301 Senator Smith CHAPTER... AN ACT relating to taxation; requiring a county treasurer to assign a tax lien against a parcel of real property located within the county if an assignment

More information

Tenant Relocation Assistance Ordinance Frequently Asked Questions

Tenant Relocation Assistance Ordinance Frequently Asked Questions Frequently Asked Questions 1) What triggers the City s (Ordinance) requirements? The following actions trigger the Ordinance: a) landlord sends a termination of tenancy notice; or b) landlord sends a rent

More information

TITLE 38 LUMMI NATION CODE OF LAWS LANDLORD AND TENANT CODE

TITLE 38 LUMMI NATION CODE OF LAWS LANDLORD AND TENANT CODE TITLE 38 LUMMI NATION CODE OF LAWS LANDLORD AND TENANT CODE Enacted: Code L-42 (11/3/1975) Amended: Resolution 2006-158 (12/4/2006) Resolution 2016-014 (1/5/2016) Chapter 38.01 Jurisdiction and Scope

More information

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG HONORABLE MARK W. ARMSTRONG CLERK OF THE COURT L. Slaughter Deputy FILED: CAMELBACK ESPLANADE ASSOCIATION, THE JIM L WRIGHT v. MARICOPA COUNTY JERRY A FRIES PAUL J MOONEY PAUL MOORE UNDER ADVISEMENT RULING

More information

Your lease (Retail Lease)

Your lease (Retail Lease) Your lease (Retail Lease) Whether you are a landlord or tenant, the terms of your lease can influence the flexibility, profitability and reputation of your business. There are a number of important factors

More information

European Federation of National Organisations working with the Homeless. Analysis by Tanja Šarec

European Federation of National Organisations working with the Homeless. Analysis by Tanja Šarec European Federation of National Organisations working with the Homeless Analysis by Tanja Šarec The right to housing and sitting tenants in Central and Eastern European Countries Introduction The Significance

More information

RENT estate uses damages --

RENT estate uses damages -- Next Class See website. Review the State of California Official Judicial Council Unlawful Detainer Answer. Carefully review California Code of Civil Procedure 1174.2 at page 100 of the Supplement. Abandonment

More information

PERPETUITY ACT. Published by Quickscribe Services Ltd.

PERPETUITY ACT. Published by Quickscribe Services Ltd. PDF Version [Printer-friendly - ideal for printing entire document] PERPETUITY ACT Published by Quickscribe Services Ltd. Updated To: [includes 2016 Bill 18, c. 5 amendments (effective March 10, 2016)]

More information

Know Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Lease Agreements

Know Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Lease Agreements 101 W. Broad St., Suite #101 Richmond, Virginia 23220 804-648-1012 or 800-868-1012 Fax: 804-649-8794 www.cvlas.org 229 North Sycamore Street Petersburg, Virginia 23803 804-862-1100 or 800-868-1012 Fax:

More information

In the Missouri Court of Appeals Western District

In the Missouri Court of Appeals Western District In the Missouri Court of Appeals Western District DARL D. FERGUSON AND DELORIS M. FERGUSON TRUSTEES OF THE DARL D. FERGUSON AND DELORIS M. FERGUSON AMENDED IRREVOCABLE TRUST, v. Appellants, PEGGY HOFFMAN

More information

The Institute for Energy Law TEXAS MINERAL TITLE COURSE May 2-3, 2013 Houston, Texas

The Institute for Energy Law TEXAS MINERAL TITLE COURSE May 2-3, 2013 Houston, Texas The Institute for Energy Law TEXAS MINERAL TITLE COURSE May 2-3, 2013 Houston, Texas IRREGULAR OWNERS UNLEASED, NONPARTICIPATING, UNPOOLED, OR UNCERTAIN OWNERS AND HOW TO MANAGE THE ISSUES Richard F. Brown

More information

Questions and Answers on: R E A L E S T A T E C L O S I N G S

Questions and Answers on: R E A L E S T A T E C L O S I N G S Questions and Answers on: R E A L E S T A T E C L O S I N G S In the typical residential real estate sales transaction, a buyer offers to purchase property from a seller. After negotiating the price and

More information

Property, Equitable Servitudes, Creation and Enforceability- pp , 772 November 20, 2006 Crusto s Socratic Dialogue

Property, Equitable Servitudes, Creation and Enforceability- pp , 772 November 20, 2006 Crusto s Socratic Dialogue Property, Equitable Servitudes, Creation and Enforceability- pp. 746-768, 772 November 20, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. We continue our study of

More information

Client Alert. A Pennsylvania Commercial Lender s Guide to Collecting Debts in New Jersey

Client Alert. A Pennsylvania Commercial Lender s Guide to Collecting Debts in New Jersey Client Alert A Pennsylvania Commercial Lender s Guide to Collecting Debts in New Jersey Pennsylvania commercial lenders may be surprised when collecting debts in New Jersey. This alert outlines some material

More information

RV SPACE RENTALS. The law treats long term (over 180 days) RV space rentals differently than short term space rentals.

RV SPACE RENTALS. The law treats long term (over 180 days) RV space rentals differently than short term space rentals. Page 1 RV SPACE RENTALS The law treats long term (over 180 days) RV space rentals differently than short term space rentals. I. LONG TERM RV SPACE RENTALS (MORE THAN 180 DAYS) A. Applicable Law The Arizona

More information

Sample Property Questions See Answer Key for Source Material

Sample Property Questions See Answer Key for Source Material 43. Pursuant to a valid lease agreement between Larry and Tony, Larry agrees to lease his property to Tony for 11 years. Two months later, Larry sells the property to Michael. One year into Tony s lease,

More information

STANDARD TERMS AND CONDITIONS Equipment Lease Form DCR 309

STANDARD TERMS AND CONDITIONS Equipment Lease Form DCR 309 1 of 7 The parties hereto agree as follows: 1. LEASE STANDARD TERMS AND CONDITIONS The Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Equipment 2. TERM The term of this Lease

More information

EVICTIONS including Lockouts and Utility Shutoffs

EVICTIONS including Lockouts and Utility Shutoffs EVICTIONS including Lockouts and Utility Shutoffs Every tenant has the legal right to remain in their rental housing unless and until the landlord follows the legal process for eviction. Generally speaking,

More information

CONTRACTS UNDER THE UNIFORM COMMERCIAL CODE THE MODERN LAW OF SALES MAY BE SUMMARIZED IN ONE BRIEF STATEMENT: LET THE SELLER BEWARE!

CONTRACTS UNDER THE UNIFORM COMMERCIAL CODE THE MODERN LAW OF SALES MAY BE SUMMARIZED IN ONE BRIEF STATEMENT: LET THE SELLER BEWARE! CONTRACTS UNDER THE UNIFORM COMMERCIAL CODE THE MODERN LAW OF SALES MAY BE SUMMARIZED IN ONE BRIEF STATEMENT: LET THE SELLER BEWARE! Uniform Commercial Code All 50 states have adopted some portions of

More information

Case 8:13-bk MGW Doc 391 Filed 07/01/14 Page 1 of 12

Case 8:13-bk MGW Doc 391 Filed 07/01/14 Page 1 of 12 Case 8:13-bk-10798-MGW Doc 391 Filed 07/01/14 Page 1 of 12 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION www.flmb.uscourts.gov In re: 2408 W. Kennedy, LLC, Case No. 8:13-bk-10798-MGW

More information

SIGNIFICANT ISSUES RELATING TO STOCK-BASED COMPENSATION FOR EXECUTIVES

SIGNIFICANT ISSUES RELATING TO STOCK-BASED COMPENSATION FOR EXECUTIVES SIGNIFICANT ISSUES RELATING TO STOCK-BASED COMPENSATION FOR EXECUTIVES Materials Submitted By: Scott P. Spector Fenwick & West LLP Palo Alto, California T his outline addresses topics relating to stock-based

More information

Dispute Resolution Services

Dispute Resolution Services Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards DECISION Dispute Codes RR, MNDC, FF Introduction This hearing dealt with the tenants Application

More information

PRIVATE SANITARY SEWER MAIN AGREEMENT

PRIVATE SANITARY SEWER MAIN AGREEMENT RECORDED AT THE REQUEST OF AND RETURN TO: Napa Sanitation District 1515 Soscol Ferry Road Napa, CA 94558 Exempt from Recording Fees Per G.C. 27383 RE: APN 007-231-003 Parcels 2 and 3 in Scheufler Court

More information

Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission.

Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. Durability and Monopoly Author(s): R. H. Coase Source: Journal of Law and Economics, Vol. 15, No. 1 (Apr., 1972), pp. 143-149 Published by: The University of Chicago Press Stable URL: http://www.jstor.org/stable/725018

More information

CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS AND SERVICES BY PENNON GROUP PLC AND/OR SOUTH WEST WATER LIMITED

CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS AND SERVICES BY PENNON GROUP PLC AND/OR SOUTH WEST WATER LIMITED CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS AND SERVICES BY PENNON GROUP PLC AND/OR SOUTH WEST WATER LIMITED These standard conditions of purchase together with any special conditions ("the Conditions")

More information

Alabama Uniform Residential Landlord and Tenant Act (AURLTA)

Alabama Uniform Residential Landlord and Tenant Act (AURLTA) USAACE & Fort Rucker Preventative Law Program Alabama Uniform Residential Landlord and Tenant Act (AURLTA) THIS PAMPHLET contains basic information on this particular legal topic for your general information.

More information

APARTMENT LEASE AGREEMENT

APARTMENT LEASE AGREEMENT APARTMENT LEASE AGREEMENT This Apartment Lease Agreement ("Lease") is made and effective this day of, 201_ by and between Aguas Properties LLC. ("Landlord") and ("Tenant," whether one or more). This Lease

More information

Fees are based on length of vehicle tip to tip: = $40/mo =$50/mo = $60/mo.

Fees are based on length of vehicle tip to tip: = $40/mo =$50/mo = $60/mo. SCHMID FARMS, INC. VEHICLE STORAGE LEASE AGREEMENT DATE SPACE #, Located at 16990 So. 99 th St, Sarpy County, Papillion, NE 68046 TERM: 3 months 6 months, or 12 months TOTAL Rent for lease term above:

More information

News. Enforcing Rules on Security Interests. UCC revisions to fixtures and personal property offer clarity, if not certainty

News. Enforcing Rules on Security Interests. UCC revisions to fixtures and personal property offer clarity, if not certainty News Enforcing Rules on Security Interests UCC revisions to fixtures and personal property offer clarity, if not certainty By John P. McCahey New York Law Journal On July 1, 2001, revised Article 9 of

More information

ACCESS AND OPTION AGREEMENT TEMPLATE FOR REAL PROPERTY PARTNERSHIP PROJECTS

ACCESS AND OPTION AGREEMENT TEMPLATE FOR REAL PROPERTY PARTNERSHIP PROJECTS ACCESS AND OPTION AGREEMENT TEMPLATE FOR REAL PROPERTY PARTNERSHIP PROJECTS Appendix 3 This ACCESS AND OPTION AGREEMENT (this Agreement ) is entered into as of, 201 (the Execution Date ), by and between

More information

MORTGAGE. THIS INSTRUMENT ( Mortgage )

MORTGAGE. THIS INSTRUMENT ( Mortgage ) MORTGAGE THIS INSTRUMENT ( Mortgage ) WITNESSES That and, whose address is (individually, collectively, jointly, and severally, Mortgagor ), in consideration of One Dollar ($1) and other good and valuable

More information

OUTLINE OF LEGAL REQUIREMENTS FOR COMMON INTEREST ASSOCIATION TRANSITIONS

OUTLINE OF LEGAL REQUIREMENTS FOR COMMON INTEREST ASSOCIATION TRANSITIONS PERLSTEIN & McCRACKEN, LLC ATTORNEYS AND COUNSELORS AT LAW 10 WATERSIDE DRIVE, SUITE 303 FARMINGTON, CT 06032 TELEPHONE (860) 677-2177 FACSIMILE (860) 677-0019 I. INTRODUCTION OUTLINE OF LEGAL REQUIREMENTS

More information

ebook - CANNOT BE PRINTED Contracts & UCC Tim Tyler, Ph.D., Attorney at Law

ebook - CANNOT BE PRINTED Contracts & UCC Tim Tyler, Ph.D., Attorney at Law NAILING THE BAR TM ebook - CANNOT BE PRINTED Contracts & UCC Essay Questions from California Bar Exams 2002-2013 Tim Tyler, Ph.D., Attorney at Law Overview Overview Here are 39 essay questions about Contracts

More information

OPINION. No CV. Tomas ZUNIGA and Berlinda A. Zuniga, Appellants. Margaret L. VELASQUEZ, Appellee

OPINION. No CV. Tomas ZUNIGA and Berlinda A. Zuniga, Appellants. Margaret L. VELASQUEZ, Appellee OPINION No. Tomas ZUNIGA and Berlinda A. Zuniga, Appellants v. Margaret L. VELASQUEZ, Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-16979 Honorable David A.

More information

LEASE AGREEMENT WITNESSETH:

LEASE AGREEMENT WITNESSETH: LEASE AGREEMENT THE STATE OF ALABAMA HOUSTON COUNTY This lease executed in Houston County, Alabama, on this the day of, 201, by and between HOUSTON COUNTY, ALABAMA, BY AND THROUGH THE HOUSTON COUNTY COMMISSION,

More information

3.1 Meaning of Contract Law Terms 3.2 Formation of Contracts 3.3 Legal Incapacity to Enter Contracts

3.1 Meaning of Contract Law Terms 3.2 Formation of Contracts 3.3 Legal Incapacity to Enter Contracts 3. Contracts 3.1 Meaning of Contract Law Terms 3.2 Formation of Contracts 3.3 Legal Incapacity to Enter Contracts 3.4 Third-Party Beneficiary Contracts 3.5 Assignment and Delegation of Contract Rights

More information

Common Pitfalls of Oil and Gas Leases

Common Pitfalls of Oil and Gas Leases Common Pitfalls of Oil and Gas Leases standards) 1. Grant - Lease only one parcel per lease. a. Lease vs contract b. Mortgage rights c. Reserve the right to develop other energy sources on site. Wind,

More information

LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017

LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017 Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

UTILITY EASEMENT AGREEMENT

UTILITY EASEMENT AGREEMENT THIS INSTRUMENT PREPARED BY AND RETURN TO: Roy K. Payne, Esq. Chief Assistant City Attorney 400 S. Orange Avenue Orlando, FL 32801 Roy.Payne@CityofOrlando.Net UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT

More information

SUMMARY. lessee will owe to the lender that is financing the lease (i.e., the lessee s deficiency balance )

SUMMARY. lessee will owe to the lender that is financing the lease (i.e., the lessee s deficiency balance ) 0 0 SUMMARY. When a leased automobile is repossessed, determining the amount that the lessee will owe to the lender that is financing the lease (i.e., the lessee s deficiency balance ) requires knowledge

More information

Pre-Purchase Building Inspections Matt Huckerby Partner Moray & Agnew. Sydney Melbourne Brisbane Canberra Newcastle

Pre-Purchase Building Inspections Matt Huckerby Partner Moray & Agnew. Sydney Melbourne Brisbane Canberra Newcastle Pre-Purchase Building Inspections Matt Huckerby Partner Moray & Agnew Objectives Understand your potential exposure in preparing prepurchase building reports under contract and tort law. Understand: the

More information

ESCROW AGREEMENT. Relating to the advance crossover refunding of the outstanding

ESCROW AGREEMENT. Relating to the advance crossover refunding of the outstanding ESCROW AGREEMENT Relating to the advance crossover refunding of the outstanding $11,998,678.35 aggregate denominational amount Piedmont Unified School District (Alameda County, California) General Obligation

More information

CALIFORNIA CIVIL CODE SECTION

CALIFORNIA CIVIL CODE SECTION CALIFORNIA CIVIL CODE SECTION 1950.5 1950.5. (a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. (b) As used in this section,

More information

2. Offer and Acceptance is also known as the of the, or.

2. Offer and Acceptance is also known as the of the, or. CHAPTER 1 - EXERCISES Note: Before completing the short-answer questions in this and all chapters, please carefully review the Instructions Page for more information about the function and purpose of these

More information

Layout-Design (Topography) of Integrated Circuits Ordinance No. 17 of 1994 *

Layout-Design (Topography) of Integrated Circuits Ordinance No. 17 of 1994 * Layout-Design (Topography) of Integrated Circuits Ordinance No. 17 of 1994 * as last amended by the Adaptation of Laws (Courts and Tribunals) Ordinance No. 25 of 1998 Chapter 445 Section 1. Short title

More information

Bioquell Inc. Standard Terms and Conditions for the Sale of Goods & Supply of Services (version: [December 2010])

Bioquell Inc. Standard Terms and Conditions for the Sale of Goods & Supply of Services (version: [December 2010]) Bioquell Inc. Standard Terms and Conditions for the Sale of Goods & Supply of Services (version: [December 2010]) 1. INTERPRETATION In these Conditions, unless the context otherwise requires: 1.1. Authorized

More information

SUPREME COURT OF QUEENSLAND

SUPREME COURT OF QUEENSLAND SUPREME COURT OF QUEENSLAND CITATION: PARTIES: Wirkus v The Body Corporate for Goldieslie Park Community Titles Scheme No 20924 [2010] QSC 397 MICHELLE WIRKUS (Plaintiff) FILE NO: BS 7976 of 2008 DIVISION:

More information

FILED: NEW YORK COUNTY CLERK 10/22/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/22/2013

FILED: NEW YORK COUNTY CLERK 10/22/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/22/2013 FILED: NEW YORK COUNTY CLERK 10/22/2013 INDEX NO. 653655/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/22/2013 PARTIES 1. Plaintiff GCR Entertainment, LLC is a New York Limited Liability Company, with an

More information

ARTICLE XXIII ADMINISTRATION

ARTICLE XXIII ADMINISTRATION ARTICLE XXIII ADMINISTRATION 20 2301. Duties of the Zoning/Code Enforcement Officer The Zoning/Code Enforcement Officer shall be appointed by the Board of Supervisors and may hold no elective office in

More information

Chapter 12: Real Estate Contracts

Chapter 12: Real Estate Contracts Modern Real Estate Practice, 19 th Edition Chapter 12: Real Estate Contracts 1. A void contract is one that a. was not in writing. b. was never legally enforceable. c. was rescindable by agreement. d.

More information

Uniform Residential Landlord and Tenant Act Ordinance No

Uniform Residential Landlord and Tenant Act Ordinance No Tenant Services & Housing Counseling, Inc. Uniform Residential Landlord and Tenant Act Ordinance No. 98-84 Ordinance Related to: Rental Agreements within Lexington Fayette County, KY and Enacted, Pursuant

More information

easements negative negative covenants affirmative

easements negative negative covenants affirmative 1 I. INTRODUCTION TO NON-POSSESSORY INTERESTS IN LAND (REVIEWED) 1. Introduction to non-possessory interests corporeal vs. incorporeal hereditaments iura in re sua vs. iura in re aliena ( rights in his

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Dorothy E. Coleman Revocable Trust, : Appellant : : v. : No. 895 C.D. 2014 : Submitted: December 8, 2014 Zoning Hearing Board of the : Borough of Phoenixville

More information

How to Sell Your Home in a Short Sale

How to Sell Your Home in a Short Sale How to Sell Your Home in a Short Sale A viable solution for property with no equity Warrior Brown Realty Real Estate Professionals setting the standards for excellence Tangie Warrior Brown, Realtor Direct:

More information

QUESTION 2: SELECTED ANSWER A

QUESTION 2: SELECTED ANSWER A QUESTION 2: SELECTED ANSWER A 1. Interests in Greenacre To determine who has what interest in Greenacre (G), the validity and effect of each transfer/agreement must be determined. Generally, property may

More information

MOBILEHOME PARK OPERATORS MANUFACTURED HOME DEALERS AND SALESPERSONS OCCUPATIONAL LICENSING CONTINUING EDUCATION INTERESTED PARTIES DIVISION STAFF

MOBILEHOME PARK OPERATORS MANUFACTURED HOME DEALERS AND SALESPERSONS OCCUPATIONAL LICENSING CONTINUING EDUCATION INTERESTED PARTIES DIVISION STAFF STATE OE CAI IEORNI A - BUSINESS CONSUMER SERVICES AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS 2020 W. El Camino Avenue, Suite 200, Sacramento, CA

More information

[Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007).]

[Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007).] By: NON-PAYMENT OF RENT LANDLORD-TENANT PRACTICE TIPS Alexander G. Fisher, Esq. Mauro, Savo, Camerino, Grant & Schalk, P.A. Michael P. O Grodnick, Esq. Mauro, Savo, Camerino, Grant & Schalk, P.A. 1. An

More information

Leases from start to finish

Leases from start to finish Leases from start to finish Contents Introduction Creating a lease or tenancy Creating a tenancy with a term of three years or less Electronic / online signatures The agreement Terms implied into oral

More information

STATE OF MAINE LAND USE REGULATION COMMISSION

STATE OF MAINE LAND USE REGULATION COMMISSION STATE OF MAINE LAND USE REGULATION COMMISSION Zoning Petition No. ZP 707 ] RESTORE: The North Woods and In Re: Plum Creek Timber Company s ] Forest Ecology Network s Petition for Rezoning Moosehead Region

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. BENJORAY, INC., v. Plaintiff-Respondent, ACADEMY HOUSE CHILD DEVELOPMENT CENTER,

More information

RENTAL AGREEMENT. Lot of Alpine Park Community

RENTAL AGREEMENT. Lot of Alpine Park Community PO BOX 1656 Dubuque IA 52004-1656 563.585.0592 alpineparkcommunity.com RENTAL AGREEMENT IT IS AGREED as of, by and between T-CORP, an Iowa corporation doing business as ALPINE PARK COMMUNITY MANUFACTURED

More information

Lease Guaranties: Assignments, Releases, Waivers and Related Issues

Lease Guaranties: Assignments, Releases, Waivers and Related Issues Lease Guaranties: Assignments, Releases, Waivers and Related Issues Daniel Goodwin & Jenny Teeter Gill Elrod Ragon Owen & Sherman, P.A. Little Rock, Arkansas Introduction The economic downturn has resulted

More information

OPINION OF SENIOR COUNSEL FOR GLASGOW ADVICE AGENCY (HOUSING BENEFIT AMENDMENTS

OPINION OF SENIOR COUNSEL FOR GLASGOW ADVICE AGENCY (HOUSING BENEFIT AMENDMENTS OPINION OF SENIOR COUNSEL FOR GLASGOW ADVICE AGENCY (HOUSING BENEFIT AMENDMENTS 1. By email instructions of 9 February 2013, I am asked for my opinion on questions relative to the imminent introduction

More information