Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear Restrictive Covenant Did Not Bar Above Ground Pool and Deck Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
- September 01, 2024New York Real Estate Law Reporter Staff
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
September 01, 2024Peter E. Fisch and Salvatore GogliormellaPublic Purpose Finding Upheld
September 01, 2024New York Real Estate Law Reporter StaffDespite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
September 01, 2024Ahmad H. MangoObligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule No Preliminary Injunction In Acton to Abate a Noise Nuisance
September 01, 2024New York Real Estate Law Reporter StaffThe Pennsylvania Commonwealth Court affirmed a decision by the city of Philadelphia's Zoning Board of Adjustment (ZBA) that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
September 01, 2024Alan Nochumson and Alex GoldbergLiquidated Damages Clause Might Constitute Unenforceable Penalty
September 01, 2024New York Real Estate Law Reporter StaffTrepp named its top choices for bull and bear CRE metro markets and did the same for the single most property type and metro combination, during July 2024. The firm is trying to identify what drives positive and negative investor sentiment.
September 01, 2024Erik ShermanAs consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
August 01, 2024Michael DelaneyThe effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.
August 01, 2024Jennifer L. Alexander






