The newsletter of the ISBA’s Section on Real Estate Law
Browse articles by year: 2015 (2)
Newsletter articles from 2007
Attorney General Opinion restricts county recorders
In the portion of this author’s article on land split considerations dealing with the Plat Act, which appeared in the February 2007 issue of this newsletter, it was stated that the Attorney General’s office was in the process of determining “whether the provisions of 765 ILCS 205/5a are broad enough to allow a county Recorder to require” that a Plat Act affidavit accompany every submitted deed, even one wherein the legal description was an undivided lot in an existing subdivision.
Case law update
Recent cases of interest to real property practitioners.
E-alert—Rental equipment liens
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.
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.
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.
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.
Summer vacation is over so it’s back to work, although I don’t recall a busier summer in the office.
Some of you may remember Mike Rooney, who was (and still is) quite involved in real estate matters, especially title matters and professionalism.
This mid-summer issue features several articles that the readers will, hopefully, find informative.
In the last issue of this publication (April 2007, Vol. 52, No. 8) I suggested misgivings about the routine use of the general warranty deed and the casual reference to the quitclaim deed as a panacea for all real property ills.
The unauthorized practice of law is alive and not so well, causing problems for many unsuspecting consumers.
This issue presents a look inside the workings of the Real Estate Law Section Council, the members of which are listed in this publication.
I’m excited about this issue! Featured are a couple fact patterns from actual transactions, a call to arms for residential practitioners with a top 10 list of suggestions to enhance the economics of the deal, and a comprehensive analysis of the Plat Act exemptions.
Margery Newman, who concentrates her practice in construction law and related matters, has provided us with a trilogy of articles that, taken together, illustrates an emerging paradigm in which businesses, especially competitors, combine resources to achieve more efficiencies.
H.B. 4050 back in the spotlight
The Illinois Department of Financial and Professional Regulation (“IDFPR”), as the overseer of the Predatory Lending Database Pilot Program Act better known as “HB 4050,” has published a new Rule for the reimplementation of that law.
IMFL: Attempted private sales after foreclosure sales
In the First District of the Illinois Appellate Court, different divisions have apparently found themselves at odds on a significant issue involving the Illinois Mortgage Foreclosure Law (IMFL), 735 ILCS 5/15-1101, et seq.
Land split considerations: The Plat Act
Note: This article is an excerpt from and adaptation of a comprehensive article by Mr. Samson, in which the author addresses, in addition to the Plat Act, county and municipal plat provisions, general county and municipal zoning provisions, affirmations and disavowals, broker’s representations, inadvertent consolidation, access, and other land-split matters.
Letter to the Editor
As a solo practitioner from central Illinois, I enjoyed reading the March 2007 ISBA Real Property newsletter and wanted to briefly comment on a couple points.
Liability for construction claims
The construction industry is rife with situations in which one party may become liable to or for another party in the construction process.