The newsletter of the ISBA’s Section on Real Estate Law
Browse articles by year: 2013 (20)
Newsletter articles from 2004
Call to arms: A 21st century call to professionalism for real estate lawyers
Many of our younger colleagues consider me a dinosaur or an anachronism-a lawyer from a different age who actually ordered and reviewed abstracts of title and prepared scores of title opinion letters in the practice of law, and not as an academic exercise in some ancient social ritual at the Smithsonian.
A comparison of single-family residential contract forms
The landmark case of Chicago Bar Association v. Quinlan and Tyson, Inc., 34 Il.2d 116, 214 N.E.2d 771 (1966), continues to define the right of licensed brokers and their agents (collectively, real estate licensees) to prepare real estate contracts on forms customarily used in the community while prohibiting these real estate licensees from engaging in other actions which would constitute the unauthorized practice of law.
Covenants, conditions and restrictions: a trend of enforcement
Fifteen years ago, title insurance maven Ron Otto wrote an article for the Real Property newsletter (October 1989 issue) entitled "Covenants, Conditions and Restrictions: A Trend of Enforcement Denial." The article was a review of Illinois case law as to when a court will deny the enforcement of covenants, conditions and restrictions (hereafter CC&Rs).
A frequent occurrence for real estate practitioners is that a survey is produced for a transaction, typically, for me at least, a farm transaction, and the fence lines are at odds with the boundaries determined by the surveyor.
Your client, a local contractor, calls with an urgent problem. His subcontractor, a local excavator, just poured the basement for a new residence that your client is building.
This issue contains some helpful reminders for real estate practitioners.
Real estate attorneys and title companies often talk about "dedicated" roads. But just what is a dedicated right-of-way?
After a lengthy hiatus for which we apologize, the Real Property newsletter is back. We do need articles, however, as they are still the lifeblood of this publication.
Editor’s note and comments
With the frenetic pace of most of our lives, roughly balancing families, friends, civic and other commitments with law practices that seem to become more "virtual" every day, the notion of professionalism is often a distant concept.
Expansion of the Transfer Tax
The Illinois Real Estate Transfer Tax has been amended by Public Act 93-0657, which now imposes the tax when a controlling interest in a real estate entity is transferred.
HUD’S “Final Rule” on its proposal to amend RESPA
In the summer of 2002, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule that would have revamped the Real Estate Settlement Procedures Act of 1974 (RESPA).
A late summer real estate miscellany
The ebb and flow of real estate transactions produce various and sundry issues that may be applicable to transactional attorneys.
Mold risks in construction projects
The presence of water where it should not be is a significant construction defect issue that has generated an enormous amount of litigation within the last few years.
New legislation concerning utilities and rights-of-way
Generally speaking, a public utility has the right to install underground utilities in a statutory dedicated road. Such underground installations are regarded as being within the easement for highway purposes, in favor of the public.
Road conveyancing after Benno
The real estate attorney who rightfully considers himself a skilled practitioner is still, from time to time, heard to bemoan the intricacies of certain areas of his specialty.