Publications

Section Newsletter Articles on Real Property

Letter to the editor By Mary Lin Nicholson Real Estate Law, June 2008 My first reaction was how can the ward’s guardian be both her aunt and her niece?
A problem, a solution and a new malpractice standard? By Michael J. Rooney Real Estate Law, June 2008 As an ongoing Michigan case illustrates, any attorney who allows a client, whether seller or buyer, to close with a title agent (instead of with the title insurance company) without insisting upon a CPL for the client ought to be held liable for malpractice.
Recent procedural developments in real property taxation By Jacqueline Gianneschi State and Local Taxation, June 2008 Recent cases of interest to real estate tax practitioners.
Editor’s note By Gary R. Gehlbach Real Estate Law, May 2008 Most of us remember the remark of the gentleman pointing to the man in the casket and remarking: “Brothers and sisters I have none.
Editor’s note By Gary R. Gehlbach Real Estate Law, April 2008 The March 2008 issue of this newsletter featured an article by Adam Whiteman about the Illinois Home Repair and Remodeling Act and recent appellate decisions addressing the impact of that Act.
New changes to IRC rules on vacation-second homes and 1031 Exchanges By Stephen A. Wayner and Claudia Kiernan Real Estate Law, April 2008 Most tax practitioners serve clients who own vacation-second homes.
No more appraisals ordered by mortgage brokers after 12/31/08 By Carol Klima Martin Real Estate Law, April 2008 During the recent slowdown in the real estate market, we have been hearing a lot about “predatory loans” and “inflated values.”
Vacation homes and Section 1031 By Gary R. Gehlbach Real Estate Law, April 2008 Section 1031 of the Internal Revenue Code and the Regulations promulgated thereunder rather clearly provide that eligible property must be “held for productive use in a trade or business or for investment.”
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, March 2008 An update to the author's original article that appeared in the February 2005 issue of Real Property.
Editor’s note By Gary R. Gehlbach Real Estate Law, March 2008 The Bar Association’s fiscal year is July 1 through June 30, and this newsletter, as well as the other ISBA publications, follow this cycle.
Residential contractors (and subcontractors) BEWARE! The Home Remodeling and Repair Act prevents mechanic’s liens on a residence when there is an oral contract for work that exceeds $1,000 By Adam B. Whiteman Real Estate Law, March 2008 In January of 2000, a law went into effect that makes it unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work over $1,000 without first obtaining a signed contract or work order.
Short sales: a primer By Gary R. Gehlbach Real Estate Law, March 2008 With the housing market severely distressed in some areas and mortgage foreclosures at record highs, the role of the real estate attorney has expanded.
2007 Amendments to ILCS 770 60/23 – The Public Lien Act – Public Act 095-0274 By Julius Shapiro Real Estate Law, February 2008   The following is a brief summary of the changes that became law. The changes, except for the definition of unit of local government as set forth hereinafter, apply to both the state and local governmental work.
Editor’s note By Gary R. Gehlbach Real Estate Law, February 2008 The ISBA/CBA Joint Committee on Ethics 2000 has developed and presented new Rules of Professional Conduct to the Illinois Supreme Court.
Life Estate Transaction legal considerations By Alan E. Stumpf Real Estate Law, February 2008 Frequently a lawyer is contacted by a client proposing various types of life estate and gift transactions for real estate.
Should a utility company be responsible for property taxes on a utility easement? By Francis W. O’Malley Real Estate Law, February 2008 Most properties are encumbered by easements of utilities or regulated entities, such as gas, power or telecommunications easements.
Supreme Court settles dispute between appellate districts By Gary R. Gehlbach Real Estate Law, February 2008 As reported in my Editor’s note in the February 2007 issue (Vo. 52, No. 6), the issue of whether a real estate tax proration merges with the deed has depended on the appellate district.
Editor’s note By Gary R. Gehlbach Real Estate Law, January 2008 In case you missed Marylou Lowder Kent’s excellent summary of recently passed Illinois legislation (December 2007, Vol. 53, No. 6), Jim Weston has provided another summary.
General overview of hotel acquisitions in Illinois By Tal Izraeli Real Estate Law, January 2008 An overview of the many issues unique to hotel deals as opposed to a “vanilla” real estate deal. 
Is your client’s money safe? What constitutes secure funds for your clients in a 1031 exchange? By Stephen A. Wayner and Christopher Princis Real Estate Law, January 2008 For attorneys whose clients invest in properties, safety of funds is a fundamental aspect of a 1031 Exchange strategy.
Legislative report 95th General Assembly • Spring 2007 Session By James K. Weston Sr. Real Estate Law, January 2008 The General Assembly Spring 2007 Session continues as this is written.
E-alert—Rental equipment liens By Margery Newman Real Estate Law, December 2007 On August 17, 2007, Governor Rod Blagojevich signed into law an amendment to the Illinois Mechanics Lien Act, Section 1.2 permitting liens for equipment rental.
Editor’s note By Gary R. Gehlbach Real Estate Law, December 2007 A reader of this publication recently posed this question: “I have some clients who hold a life estate in some farm land on which is a farm house which they rent out.
Legislation of interest to real estate practitioners: 2007 Session of the 95th General Assembly By Marylou Lowder Kent Real Estate Law, December 2007 To view Public Acts in their entirety, please go to the Illinois General Assembly Web site (http://www.ilga.gov).
Answers to the June issue Practical Problems By Robert Duffin and Myles Jacobs Real Estate Law, November 2007 The June issue raised two practical problems in residential real estate transactions.
Editor’s note By Gary R. Gehlbach Real Estate Law, November 2007 The typical illicit use of the first of the nine Plat Act exemptions (“The division …of land into…tracts of 5 acres or more…which does not involve any new streets or easements of access”) is a split of land that does, in fact, involve an access easement, expressed or implied.
ISBA Ethics Advisory Opinion 94-1 Real Estate Law, November 2007 This opinion is also available at http://www.isba.org/sites/default/files/ethicsopinions/94-01.pdf.
ISBA Opinion 94-1: The essential role of the lawyer in real estate transactions By Peter J. Birnbaum and Stephen J. Bochenek Real Estate Law, November 2007 In July of 1994, the ISBA Professional Conduct Committee issued Opinion 94-1.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Editor’s note By Gary R. Gehlbach Real Estate Law, October 2007 The Plat Act (765 ILCS Act 205) is a much-used source of reference and a guide for many real estate projects for my clients.