The newsletter of the ISBA’s Section on Real Estate Law
Browse articles by year: 2013 (20)
Newsletter articles from 1999
Plaintiffs claimed entitlement to a six percent finder's fee from defendants for procuring a buyer for defendants' landfill business pursuant to an alleged oral contract between the parties. Plaintiffs' four count complaint sought recovery under theories of breach of contract, promissory estoppel, quantum meruit and unjust enrichment.
In this newsletter, we are treated with three interesting articles involving three diverse topics.
This issue of Real Property supplies information on both familiar topics and others that may not be familiar to many of us.
The first article selected for this issue of Real Property is based on a very recent United States Supreme Court decision and should be of much interest to those practitioners who represent commercial mortgagors or their mortgagees, as well as those involved in mortgage foreclosures.
This issue contains five excellent articles. The first, by Ed Jarot, is an important note on pending Illinois legislation regarding land trusts and of particular interest to attorneys who wish to return to using Illinois land trusts for family gifting purposes, especially to reduce potential taxable estates through annual exclusion gifting.
This newsletter contains articles on two timely mortgage issues.
Both articles selected for this issue of Real Property are based on very recent Illinois appellate court decisions, both come out of the First District and, of particular interest to the real estate practitioner, both are Illinois cases of first impression.
This issue is mainly devoted to a case law update. The case law contributors are members of the Winnebago County Bar Association who concentrate their practices in real estate law.
Highlights of section council meetings
1. John O'Brien reported that the Illinois Real Estate Lawyers Association is working on a public relations campaign to preserve and protect the role of the lawyer in real estate transactions.
Illinois land trusts—troubled times
Anyone who has used an Illinois land trust for gifting in the last 30 years or so should make a concerted effort to study all of the land trust documents before the donor-client dies.
Illinois law relating to tree encroachments
Most real estate attorneys and title insurers, when discussing issues concerning encroachments as disclosed by a survey, think in terms of buildings, sheds, or fences.
Important note to real estate practitioners
Real estate attorneys should be aware that recent legislation which will have a potentially dramatic impact on the relationships and responsibilities among parties to Illinois land trusts is rapidly on its way to becoming Illinois law.
Landowner liability for off-premises injury—a sequel
In our previous article, we discussed the duty on landowners for injuries that occur off of the landowner's property,1 and although clear conclusions could not be drawn, several guiding factors emerged.
Landowner liability to travelers for off-property personal injury
This article presents a review of current Illinois law concerning the circumstances under which a landowner may become liable in tort for injuries to persons traveling on adjacent roadways caused by conditions or substances on the owner's property when the injury occurs off of the owner's property or when the injury is caused by an object leaving the owner's property.
Me? A spinster?
I recently had a discussion with a client regarding the use of the term spinster to describe her marital status in a mortgage.
Pre-petition distribution of cash by a mortgagor: a fraudulent transfer?
If a debtor is a general or limited single-asset partnership and has made a cash distribution to its partners prior to filing bankruptcy while real estate taxes due on the property remain unpaid, the secured creditor may be able to assert that such action by the debtor constitutes a fraudulent transfer under state or federal law.
Tax deed trap rescue for redemptors
Mortgage lenders, property owners and--not infrequently--their legal counsel, have long considered the Property Tax Code provisions governing tax deed procedures to be fraught with peril--and with good reason.
Tenancy by the entirety
At the real estate update seminar this year there were some questions asked regarding tenancy by the entirety, its creation and what would be the effect on how title was held if the estate was not properly created.