Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Real Estate

Real Estate

Cemetery traditional access route statute interpreted (access required)

A statute prohibiting landowners from blocking access to cemeteries located on their property does not apply to other landowners whose property only has a “traditional access route” to the cemetery. Background A 59-acre parcel of land contains a 47-acre parcel ...

Read More »

Court resolves discovery dispute in real estate suit (access required)

Although a company sued for allegedly breaching an agreement sell a 26-acre parcel of land raised numerous objections to discovery requests propounded by the plaintiffs, including that they were overbroad, irrelevant, vague and unclear, the court largely required it to ...

Read More »

Mutual mistake of fact thwarts property sale (access required)

Where both parties to a real estate sales contract mistakenly believed defendant seller had exclusive title to property that plaintiff purchaser contracted to buy, plaintiff has no claim for specific performance, breach of contract or a quiet title/partition action. Defendants’ ...

Read More »

Negligence claims go forward in mold case (access required)

Where plaintiff lessee sued a lessor and the lessor’s management company for claims arising from mold in her apartment and the building’s common areas, claims against the management company are dismissed because the company was not in privity of contract ...

Read More »

Specific performance of real estate contract dismissed (access required)

Where would-be property purchasers did not close on the contractual date, the have no claim for specific performance after the property owner terminated the sales agreement. Overview Newton owns property that the Carlsons wanted to purchase. The purchase agreement provided ...

Read More »

Eave overhang immaterial to adverse possession claim (access required)

Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat ...

Read More »