Real Property

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

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2025 Articles

2 Landlord/Tenant Quick-Hitter Case Summaries By Michael J. Maslanka December 2025 Quick looks at Atlas Asset Management v. Kang and Ebulon Financial Group, LLC v. Politanska, and each case's impact as it relates to landlord and tenant law. 
1 comment (Most recent December 10, 2025)
Air Rights Development By R. Kymn Harp May 2025 This article is the second part of a two-part series. The article explores practical applications of air rights in real estate development, focusing on how developers can maximize value from underutilized zoning potential. Using hypothetical scenarios in Chicago, it explains how a property owner can sell unused development rights above a low-rise building to another party for high-rise development, or how adjoining properties can be combined into a single zoning lot to expand buildable floor area under zoning regulations. Key legal and logistical considerations include zoning laws, FAR, easements, and covenants. The article highlights how air rights can be leveraged as a strategic asset to increase returns and optimize land use.
AIR RIGHTS DEVELOPMENT By R. Kymn Harp April 2025 An introduction to air rights. “Air rights" are part of the "bundle of rights" constituting fee simple title to real estate. They comprise an interest in land, although not the surface of the land. The term air rights generally refers to the right of the owner of a parcel of land to use the space above the land. This article is part one of a two-part series.
Amendment to the Real Estate Transfer Tax Law October 2025 Learn more about the amendment to the Real Estate Transfer Tax Law  that provides for the use of electronic signatures affixed to electronically transmitted transfer declarations. 
Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2025 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
CALL FOR ARTICLES! March 2025 Information on submitting articles for the newsletter.
Case Summaries By Joseph W. Rogul February 2025 Two recent Illinois cases are noted here that may be instructive in some practical respects for real state practitioners who have occasion to litigate similar issues.
Case Summary Related to Easement Issue: 166 Symphony Way, LLC v. U.S. Property Investments Group, LLC, 2025 IL App (2d) 240040 By James Creppel April 2025 In 166 Symphony Way, LLC v. U.S. Property Investments Group, LLC, 2025 IL App (2d) 240040, the Second District Appellate Court considered the second appeal in a case involving a driveway easement dispute. The Defendant-Appellant, U.S. Property Investments Group, LLC (USP), argued that the trial court erred on remand by awarding attorneys' fees to the Plaintiffs-Appellees, 166 Symphony Way, LLC, and The Haight Company. USP also contended that the trial court wrongly denied its motion for indemnification. Ultimately, the court found USP’s arguments unpersuasive, as these issues were resolved earlier in the case and could not be relitigated.
Case Summary Related to Rental Support Issue: Ventus Holdings, LLC v. Harold Raddle, 2025 IL App (1st) 241169 By James Creppel July 2025 In Ventus Holdings, LLC v. Harold Raddle, 2025 IL App (1st) 241169, the First District Appellate Court analyzed whether the circuit court erred in denying Raddle’s summary judgment motion; and whether it erred in ruling that Raddle failed to prove his affirmative defense that Ventus waived its right to terminate. Ultimately, the appellate court affirmed the trial court’s ruling that Raddle failed to prove that Ventus waived its right to terminate the lease.
Case Summary: Harding v. Shi By Nicky Sonntag September 2025 A summary of Harding v. Shi, IL App (1st) 20317, and its impact on seeking RLTO damages. 
1 comment (Most recent September 18, 2025)
Case Summary: Poundstone v. Cook, 2025 IL App (3rd) 240322 By Philip J. Vacco April 2025 In the last couple of years, Illinois courts have released several decisions arising from the discovery of post-closing defects and whether the seller breached the seller's obligation to properly disclose the same. These decisions have typically revolved either around the issue of awarding legal fees to the prevailing party or the determination of whether the evidence was sufficient to establish that the seller had actual knowledge of the alleged defect. The case of Poundstone vs. Cook is another such case that transactional attorneys should become familiar with, because it examines the reasonableness of the seller's claim that the repairs the seller made actually addressed the problems.
Case Summary: Tyler v. Hennepin County, Minnesota By Nicky Sonntag August 2025 A summary of Tyler v. Hennepin Cty., Minn., 598 U.S. 631 (2023), where the U.S. Supreme Court held that Hennepin County, Minnesota violated the Fifth Amendment's Takings Clause by keeping the $25,000 surplus from the tax sale of Geraldine Tyler’s condominium after satisfying her $15,000 unpaid real estate taxes debt.  
Case Summary: Wells Fargo Bank, N.A. v. Rodriguez By Greg C. Anderson February 2025 Wells Fargo Bank, N.A. v. Rodriguez is of special interest to those involved in situations where a lender has filed multiple foreclosure actions against a borrower. Wells Fargo Bank initiated three separate foreclosure complaints against its borrower. The borrower was successful in having the third foreclosure case dismissed, based on a violation of the “single refiling rule.” The Third District affirmed the dismissal.
Case Summary: ZHY Inv., LLC v. Hsing By Leslie Hairston March 2025 In re County Treasurer and Ex Officio Cty. Collector of DuPage County, 2024 IL App (3d) 220465 involves an appeal by ZHY Investments, LLC, from the circuit court in the 18th Judicial Circuit, granting Hsing’s motion to vacate an order issuing a deed to ZHY for property located in Naperville, owned by Hsing.
Caveat Searcher May 2025 A reminder to real estate practitioners to be thorough and flexible with search terms, especially for real estate matters involving liens or judgments.
Chicago Northwest Side Preservation Ordinance By Bob Floss, II May 2025 [For attorneys practicing outside of Chicago, please do not disregard this article.] Bob Floss reviews an extremely controversial ordinance now in effect in one ward of Chicago. Floss discusses why this topic is important to all attorneys in Illinois. The concept of government awarding tenants a right of first refusal is not new. The first Tenant Opportunity to Purchase Act (TOPA) was introduced in Washington D.C. in 1980. The law gained some traction in the East Coast, expanding to Takoma Park, Maryland, in 1987, but remained isolated to those areas. Recent sentiment for housing as a human right has renewed interest in the law and sudden expansion. 
The Consequence of Failing to Find the Leak By Gary R. Gehlbach April 2025 Since October 1, 1994, Illinois law has required owners of residential real property to provide a detailed disclosure when the property is transferred pursuant to “sale, exchange, installment land contract, assignment of beneficial interest, lease with an option to purchase, ground lease, or assignment of ground lease,” with limited exceptions. The consequences of the failure to honestly disclose defects of the property can be significant, as the defendant learned in the recent Third District Appellate Court decision, Poundstone v. Cook.
Did You Know? January 2025 Some of Illinois land is described as West of the 2nd principal meridian and some as East of the 4th principal meridian.
Editors’ Note By Michael J. Maslanka & Nicky Sonntag April 2025 A brief note from the editors.
An Estate Planning Trap That Affects Real Estate, Too! By Michael J. Maslanka September 2025 Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.  
3 comments (Most recent September 21, 2025)
Ethics FYI June 2025 Real estate transactions and related litigation can raise various ethical challenges. If faced with such issues, attorneys are encouraged to contact the ARDC ethics hotline at (312) 565-2600 or (800) 826-8625 for guidance—support is always available.
FinCEN Announces Postponement of Residential Real Estate Reporting Until March 1, 2026 October 2025 The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced on September 30, 2025, it will postpone reporting requirements of the RRE Rule until March 1, 2026.
Here Comes the Flood By Bob Floss, II May 2025 It has been 56 years since George Harrison first wrote “Here Comes The Sun.” Had he been a real estate attorney, the verse would read, “Here Comes the Flood.” It is an unfortunate reality that every real estate attorney must face at some point in their career: a client who recently purchased or sold a home, and there is water in the basement. Two appellate court cases have offered some clarity for practitioners counseling their clients on the possibility of litigation.
Historic Preservation Tax Credits for Real Estate Development–Illinois By R. Kymn Harp July 2025 Efforts to preserve the historical heritage of the United States have been ongoing for more than 200 years. The National Historic Preservation Act of 1966, which created the National Register of Historic Places (National Register), formalized a national policy of preserving historic properties. This article discusses tax credits that may be utilized in Illinois for historic preservation. 
Illinois Updates Small Estate Affidavit Law To Reflect Modern Realities By Emily R. Vivian October 2025 Updates to the Probate Act of 1975 brings changes to the small estate affidavit provisions, raising the minimum threshold for the estate value and excluding the value of motor vehicles. 
ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s Ahead By Ted M. Niemann November 2025 The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today! 
Key Issues for Attorneys Reviewing Solar Leases in Illinois By Ean R. Albers December 2025 Rural practitioners, agricultural attorneys, and those practicing real estate law should be familiar with solar leases as part of sustained development advancements across Illinois. These leases can bind property for 30-50 years (or more), and be subject to various legal and economic considerations. 
Killing the Golden Goose: Chicago’s Northwest Side Preservation Ordinance By Donald Hyun Kiolbassa & Emily Holmes February 2025 The City of Chicago's Northwest Side Preservation Ordinance gives tenants of residential real estate the right of first refusal to purchase the property. The Ordinance was passed allegedly to stop gentrification but, in practice, it is stripping away the rights of homeowners.
LAWPAC Needs You! January 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.