Publications

Section Newsletter Articles on 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.
Illinois practitioners beware: Florida Documentary Stamp Tax and Intangible Tax By Lu-Ann Dominguez and Michael S. Schimmel Real Estate Law, October 2007 Over the past decade the number of multi-state real estate transactions throughout the United States has significantly increased.
Overview of attorney review cases By Joseph R. Fortunato, Jr. Real Estate Law, October 2007 Contract forms have contained clauses described variously as “Attorney Approval,” “Attorney Modification,” “Attorney Disapproval” and “Attorney Review.”
When a foreclosure sale preempts mortgagor’s right to sell By Gary R. Gehlbach Commercial Banking, Collections, and Bankruptcy, October 2007 In Household Bank, FSB, v. Lewis et al., the First District of the Illinois Appellate Court reversed the Cook County trial court, finding that the expiration of the mortgagors’ statutory right of redemption precluded the mortgagors from selling the property.
Editor’s note By Gary R. Gehlbach Real Estate Law, September 2007 Summer vacation is over so it’s back to work, although I don’t recall a busier summer in the office.
Liability for construction claims By Margery Newman Real Estate Law, September 2007 The construction industry is rife with situations in which one party may become liable to or for another party in the construction process.
Severing a tripartite joint tenancy By Gary R. Gehlbach Real Estate Law, September 2007 In law school we learned about the creation of joint tenancies and the four unities: time, title, interest and possession.
When a foreclosure sale preempts mortgagor’s right to sell By Gary R. Gehlbach Real Estate Law, September 2007 In Household Bank, FSB, v. Lewis et al., 311 Ill.Dec. 677, 869 N.E.2d 351, the First District of the Illinois Appellate Court reversed the Cook County trial court, finding that the expiration of the mortgagors’ statutory right of redemption precluded the mortgagors from selling the property.
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Real Estate Law, August 2007 Are there limits to the size and nature of a married couple’s homestead that can be owned as tenants by the entirety?
Editor’s note By Gary R. Gehlbach Real Estate Law, August 2007 Some of you may remember Mike Rooney, who was (and still is) quite involved in real estate matters, especially title matters and professionalism.