1998-1999 Real estate case law update
Where buyers purchased property subject to an easement to maintain railroad tracks, and they were aware that the railroad's drainage ditches alongside of the tracks encroached beyond the actual easement, the encroachment ripened into a prescriptive easement over time.
Dishonest home improvement contractorsthe force is not with you
Although not generally understood, there is a definite relationship between the increase in residential foreclosures and coercive home improvement contracts. Much to the surprise and dismay of property owners, many foreclosures arise out of home improvements contracts.
The first article chosen for this newsletter is an interesting analysis of a seller's liability under Illinois law for failure to disclose matters of public record.
This month we are featuring home repair contractors uniting with mortgage lenders, property powers of attorney, and attorney approval clauses in residential real estate contracts.
Regular subscribers of Real Property need no introduction to Stanley Balbach, who has spoken and written so much for so long on so many real estate related matters that it would be redundant to go further; suffice it to say that Stan practices with the firm of Balbach & Fehr, in Urbana, Illinois (P.O. Box 217).
Can the creditors of a debtor spouse attack a conveyance into a tenancy by the entirety?
Regular subscribers of Real Property will recognize the authors of both articles included in this issue; both have been frequent contributors in the past , and both are highly respected authorities in their respective fields.
“FLIP!” Not just another four-letter word
In the last two or three years, but especially within the last year, illegal flip real estate transactions (FLIPS) have virtually exploded in numbers around the country.
Recent amendments to the Illinois Power of Attorney Act
The General Assembly recently amended the Illinois Power of Attorney Act, 755 ILCS 45§2-1, et. seq. The amendments (P.A. 91-790), which are significant, became effective for all durable powers of attorney executed on or after June 9, 2000.
Robinson v. Malk
In November, 1999, the Illinois Appellate Court sent a strong message to landlords, reminding them of public policy and court precedent dating back to the 1800s, and warning of dire consequences if a landlord takes matters into his own hands by depriving a tenant of leased premises through extra-legal means.