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Real Estate

Court resolves discovery dispute in real estate suit

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 ...

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Mutual mistake of fact thwarts property sale

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’ ...

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Negligence claims go forward in mold case

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 ...

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Specific performance of real estate contract dismissed

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 ...

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Eave overhang immaterial to adverse possession claim

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 ...

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