Real Property

The newsletter of the ISBA’s Section on Real Estate Law

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2006 Articles

2006 legislative report By Marylou Lowder Kent November 2006 Several new acts relating to the practice of real estate law, passed by the Legislature during the 2006 session of the 94th General Assembly, have now been signed by the Governor and have become law.
The ALTA 2006 title insurance policies and the issuance of survey coverage By Richard F. Bales December 2006 The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Alternative dispute resolution By Margery Newman March 2006 Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.
Application of the Construction Statute of Limitations By Margery Newman March 2006 In Prate Installations, Inc., v. Thomas, the Illinois Second District Court of Appeals held that the four-year limitations period contained in the Construction Statute of Limitations, 735 ILCS 5/13-214(a), cannot be used by a homeowner as an affirmative defense to an action by a contractor for non-payment under a construction contract.
Assignability of special use permits By Gary R. Gehlbach October 2006 In the counties and municipalities in which I practice, it is routine for many property uses to be permissible uses under a certain zoning classification, provided that the governing body grants a special use permit.
The Carbon Monoxide Alarm Detector Act By Gary R. Gehlbach November 2006 Effective January 1, 2007, the Carbon Monoxide Alarm Detector Act (PA 94-0741, HB 5284) requires that every dwelling be equipped with an approved carbon monoxide alarm within 15 feet of every room used for sleeping purposes.
A casenote: First Midwest Bank v. Stewart Title Guaranty Company By Shekar Adiga February 2006 The court in First Midwest Bank, N.A. v. Stewart Title Guaranty Company, held that the issuance of a title commitment is not the sale of information concerning the state of title and therefore did not fall within the negligent misrepresentation exception to the Moorman Doctrine.
A comparison of the new Multi-Board Residential Real Estate Contract 4.0 (Year 2006 version) with the 3.0 version By Joseph R. Fortunato August 2006 In this outline the author attempts to review and contrast the Multi-Board Residential Real Estate Contract 4.0, approved or soon to be approved throughout the Chicago area, with the Multi-Board Residential Real Estate Contract 3.0, the so-called “Common Contract” currently in use.
Editor’s note By Gary R. Gehlbach December 2006 Even in the hinterlands of Northwest Illinois, more and more real estate transactions include surveys.
Editor’s note By Gary R. Gehlbach November 2006 Except for the veto sessions, the 94th General Assembly is history.
Editor’s note By Gary R. Gehlbach October 2006 The May 2006 issue of this newsletter featured the first of a series of articles that Bob Duffin and Myles Jacobs have promised, in which they describe an actual scenario that posed a legal dilemma, the solution chosen, and alternative approaches.
Editor’s note By Samuel H. Levine August 2006 The area of real estate law is diverse. It encompasses both transactional and litigation issues.
Editor’s note By Gary R. Gehlbach May 2006 This issue inaugurates a new feature. Myles Jacobs and Bob Duffin, longtime members of the Real Estate Law Section Council and dedicated real estate practitioners, are sharing actual experiences from their practices.
Editor’s note By Gary R. Gehlbach April 2006 The Illinois Supreme Court decision, First Midwest Bank v. Stewart Title Guaranty Company, earlier this year has generated considerable discussion and opinions, and several articles for this publication
Editor’s note By Gary R. Gehlbach March 2006 Over the years the Real Estate Law Section Council has been blessed with some top-notch attorneys in the area of construction law.
Editor’s note By Gary R. Gehlbach February 2006 On November 5, 2005, the federal Environmental Protection Agency published its Final Rule for Standards and Practices for All Appropriate Inquiry under the Environmental Protection Act.
Equitable subrogation—Mechanics’ Lien Priority By Gregory A. Thorpe & Jeannie Ridings August 2006 Recently, in Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corporation, the Arizona Court of Appeals decided that a refinancing lender may successfully assert the doctrine of equitable subrogation over the claims of mechanics’ lien claimants to obtain lien priority over the lien claimants.
Illinois Snow Act encourages safety, not liability By Thomas Raleigh March 2006 In a recent Illinois appellate decision, the court held that a paved walkway on residential property constitutes a “sidewalk” under the Illinois Snow and Ice Removal Act (the Act), 745 ILCS 75/2 (2000).
Impact of proposed tax reform on the real estate market By Martin R. Press & Michael S. Schimmel April 2006 A Presidential Panel announced proposals earlier this year that could ultimately affect the prices of real estate in the United States, especially luxury high-rise condos in Illinois.
Letter to the Editor By Phillip H. Ward October 2006 I read with interest the first “scenario” of Duffin and Jacobs in the May 2006 Newsletter involving an incorrect legal description.
A little bit of this, a little bit of that By Gary R. Gehlbach October 2006 The late Harold Levine argued convincingly in this publication against the perils of attorney approval clauses.
Minimum continuing legal education and the Commission on Professionalism By Laurence F. Johnson February 2006 In order to assure the public that attorneys licensed to practice in Illinois “remain current regarding the requisite knowledge and skills necessary to fulfill the professional responsibility and obligations of their respective practices and thereby improve the standards of the profession,” the Supreme Court of Illinois entered an order September 29, 2005, as amended on December 6, 2005, requiring attorneys who practice law in Illinois to obtain Minimum Continuing Legal Education (“MCLE”) and creating a board (the “Board”) to administer the new requirements.
Mold risks in construction projects By Margery Newman March 2006 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.
Municipalities trump counties for building fees and control By Gary R. Gehlbach May 2006 A rather remarkable decision was filed by the Illinois Supreme Court on September 22, 2005, affecting developers, municipalities and counties.
New bankruptcy law changes for nonresidential landlords and tenants By Jack H. Tibbetts May 2006 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective October 17, 2005.
Public hearings on zoning matters following the Klaeren decision By Ted M. Niemann & Melinda S. Madison April 2006 In People ex rel. Klaeren v. Village of Lisle, the Illinois Supreme Court entered a decision that forever changes the procedure in public zoning hearings before municipal bodies.
A related party exchange that should work By Gary R. Gehlbach August 2006 There apparently is a useful exception to an exception that will allow related parties to engage in an exchange that is tax-deferred under Internal Revenue Code section 1031.
Special Service Areas and Special Assessment Areas—A growing trend in financing of public improvements for new construction By Christian Spesia February 2006 In the late 1990s, two changes in the law combined to create an easier, cheaper source of capital that developers can utilize to fund various public purpose infrastructure improvements in residential and other developments.
Supreme Court decides that title insurers are not in the business of supplying information when they issue title commitments and title insurance policies By J. Michael Williams April 2006 On January 20, 2006, the Illinois Supreme Court unanimously ruled that title companies in Illinois are not liable for negligent misrepresentation when, in the course of issuing title commitments and title insurance policies, they do not disclose liens, restrictions, or other title matters affecting the real property in question.
Title, legal, ethical and other real estate issues By Robert Duffin & Myles Jacobs May 2006 On a periodic basis, this newsletter will present real issues encountered by real estate attorneys.