Articles From Michael J. Rooney

Quiet Title and Installment Contracts By Michael J. Rooney Real Estate Law, February 2024 A recent quiet title case, Almazon v. 7354 Corp., illustrates some of the principles real estate practitioners need to remember.
It’s a Small World After All By Michael J. Rooney Senior Lawyers, October 2023 Reflections from a member of the Senior Lawyers Section Council's recent vacation.
Justices of the Seventh Circuit Court of Appeals as Law Professors By Michael J. Rooney Real Estate Law, August 2023 Practice tips derived from Guerrero v. Howard Bank.
When the Owner of the Servient Estate Just Doesn’t Want to ‘Get It’ By Michael J. Rooney Real Estate Law, July 2023 A recent Illinois appellate court case restates what is basic to most real estate practitioners: An access easement appurtenant allows the folks owning the dominant estate to use a portion of the premises that are the servient estate to access other property.
This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney Senior Lawyers, June 2023 A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.
This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney Real Estate Law, February 2023 A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.
It’s Called a Taking: It Requires Just Compensation By Michael J. Rooney Real Estate Law, January 2023 A critical look at HB 5844, which was introduced in the Illinois House in November 2022.
Material Defects By Michael J. Rooney Trusts and Estates, August 2022 Revisions to the Residential Real Property Disclosure Act.
Nonnavigable Rivers and Streams in Illinois: Illinois Supreme Court Punts By Michael J. Rooney Real Estate Law, August 2022 The Illinois Supreme Court recently issued its opinion in the case of Holm v. Kodat, which involved issues concerning the use of nonnavigable rivers and streams in Illinois.
Settlement Agreement Signed in the IRELA v. IDFPR Case By Michael J. Rooney Real Estate Law, June 2022 IRELA performed an important service when it stepped up to challenge IDFPR after it exceeded its statutory authority to regulate the title insurance industry and interfered in the client-attorney relationship that is governed by the Illinois Supreme Court.
Editors’ Note By William J. Anaya & Michael J. Rooney Real Estate Law, May 2022 An introduction to the issue from the editors.
Let’s Review, Shall We? By Michael J. Rooney Real Estate Law, May 2022 A look at the lawyers whose participation in representing clients in real estate transactions is limited to drafting the deed and preparing the relevant real estate tax forms.
‘The Previous Play Is Under Further Review’ By Michael J. Rooney Trusts and Estates, May 2022 An overview of the Illinois Supreme Court Rules of Professional Conduct that govern conflicts of interest.
Editor’s Note By William J. Anaya & Michael J. Rooney Real Estate Law, April 2022 An introduction to the issue from the editors.
How I Spent My Spring Break By Michael J. Rooney Senior Lawyers, April 2022 Reflections from a fishing trip.
How I Spent My Spring Break By Michael J. Rooney Real Estate Law, April 2022 Reflections from a fishing trip.
‘The Previous Play Is Under Further Review’ By Michael J. Rooney Senior Lawyers, April 2022 An overview of the Illinois Supreme Court Rules of Professional Conduct that govern conflicts of interest.
Editor’s Note By Michael J. Rooney Real Estate Law, March 2022 A note from one of the co-editors.
A Failed Tenancy by the Entirety Becomes What? By Michael J. Rooney Trusts and Estates, March 2022 In a case of first impression in Illinois, an appellate court considered how a married couple hold title to real property when a conveyance to them as tenants by the entirety fails to create that estate and one of the grantees then dies.
Here’s a Thought: A Conversation About Title Insurance Legislation By Joseph W. Rogul & Michael J. Rooney Real Estate Law, March 2022 A conversation between two Real Estate Law Section Council members about title insurance legislation.
1 comment (Most recent March 17, 2022)
How Does This Work? And If You Were Examining Title, What Would Your Opinion Say? By Michael J. Rooney Real Estate Law, February 2022 Title examiners have a particular point of view on a variety of activities that impact the status of real estate titles. 
‘The Previous Play Is Under Further Review’ By Michael J. Rooney Real Estate Law, January 2022 An overview of the Illinois Supreme Court Rules of Professional Conduct that govern conflicts of interest.
Rollin’ on the River: WWJD? By Michael J. Rooney Real Estate Law, December 2021 In June, the appellate court handed down a decision in a case involving the Mazon River, finding that river non-navigable and upholding the rights of owners of real estate that bordered the river to prevent the public from using the river because that was a trespass on their land that included a portion of the river.
A Failed Tenancy by the Entirety Becomes What? By Michael J. Rooney Real Estate Law, November 2021 In a case of first impression in Illinois, an appellate court considered how a married couple hold title to real property when a conveyance to them as tenants by the entirety fails to create that estate and one of the grantees then dies.
The Meaning of the Word ‘Contiguous’ By Michael J. Rooney Real Estate Law, October 2021 The Tax Increment Allocation Redevelopment Act and the annexation provisions of the Illinois Municipal Code provide two different meanings of the word "contiguous."
Crawford v. Hayen: The Infamous Count VI By Michael J. Rooney Real Estate Law, September 2021 The first district appellate court published an opinion last November, Crawford v. Hayen, where the narrow and precise holding may be correct, but the opinion itself is highly suspect.
Note From the Editors By William J. Anaya, Michael J. Maslanka, & Michael J. Rooney Real Estate Law, September 2021 An introduction to the issue from the editors.
Swing and a Miss: Seventh Circuit Ends Hitting Streak By Michael J. Rooney Real Estate Law, June 2020 An analysis of a recent seventh circuit opinion in which the court broke a very favorable recent batting streak of hits concerning local real property law.
The Attorney as Notary Public: Keeping Your Eye on the Ball By Michael J. Rooney Real Estate Law, May 2020 During the COVID-19 pandemic, real estate lawyers see the need to be creative with force majeure provisions in order to protect their clients, whether sellers or buyers, from unforeseen circumstances.
Seventh Circuit on a Roll With Illinois Real Estate Cases By Michael J. Rooney Real Estate Law, October 2019 A closer look at tenancy by the entirety caselaw, judgment liens, and bankruptcy exemptions.

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