Viewing 1 to 8 of 32 items
Archive | Real Estate Litigation RSS feed for this section

When Email Exchanges Become Binding Contracts

August 8, 2017 by Adam Leitman Bailey and John Desiderio In Stonehill Capital Management v. Bank of the West, 28 NY3d 439 (2016), the New York Court of Appeals held that an agreement to sell a distressed loan, in the auction loan trading market, was enforceable without the execution of a formal written contract. While  Full Article…

0

A Practitioner’s Guide to Understanding Interest

April 12, 2017 By Adam Leitman Bailey and Dov Treiman While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the  Full Article…

0

Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River

By Adam Leitman Bailey and Matthew Eichel January/February 2016 Vol. 30 No. 1   The doctrine of adverse possession, under which a party can obtain title to real property owned by another, is surprisingly uniform throughout the eastern portion of the United States despite being a state law concept. The basic elements a party must  Full Article…

0

Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River: American Land Title Association

The basic elements a party must demonstrate to successfully claim adverse possession are essentially the same throughout these states. One must show by clear and convincing evidence that he or she has actually and exclusively possessed the land in an open, notorious, continuous, and hostile/adverse manner under claim of right for the statutory period. Where  Full Article…

0

Analyzing Easement Laws and Cases in the States East of the Mississippi River

January/February 2017 Vol. 31 No. 1 By Adam Leitman Bailey and Israel Katz   This article analyzes the laws of easements in the 26 states that lie east of the Mississippi River, including the various methods for their creation, their nature, and scope. In researching and writing this article, the authors limited their research to  Full Article…

0